TD.jpg

Tomoki Debari

Partner
  1. 03-6888-1106
  2. 03-6888-3106
Japaneselawyer_hr.gifCHINESE
PRINT PAGE

Practice

Since joining the firm in 2001, Tomoki Debari has been involved principally in the fields of insurance, banking, securities and asset management, as well as M&A projects involving insurance companies and other financial institutions. He has extensive experience representing Japanese and foreign insurance companies in various matters in Japan, including:

(a) formation of insurance joint venture companies in Japan and applications for insurance business licenses;
(b) acquisition of insurance portfolios in Japan through insurance portfolio transfer procedures;
(c) strategic alliances and mergers involving insurance companies;
(d) development of new life and non-life product lines;
(e) ongoing advice on all major issues relating to the Insurance Business Act and Insurance Contract Act; and
(f) FSA inspections.

As an additional area of specialization, Mr. Debari has also developed extensive expertise in environmental law matters. He assisted Japan's Environmental Ministry in its development of the Soil Contamination Countermeasures Act of Japan, adopted in 2002, and since then has advised clients on a wide variety of environmental issues, including:

(i) development of environment impairment liability policies and environment remediation expense policies for several insurance companies;
(ii) numerous real estate projects in which analysis and management of environmental risks played a key role, including sales, transfers, securitizations and M&A transactions;
(iii) global studies by clients in the areas of soil, groundwater, and air contamination (including one such study for a major U.S. airline);
(iv) development by clients of emergency reaction and contingency plans against soil and groundwater contamination; and
(v) dispute resolution (including both litigation and alternative mechanisms) regarding environmental issues between joint venture partners, as well as with local governments and the public.

Practice Groups

・Financial Services & Transactions
・Structured Finance

Education


Christ Church College, University of Oxford (Magister Juris (with Distinction) 2006)

The Legal Research And Training Institute of The Supreme Court of Japan (Qualification for Legal Professional Practices (Hoso-Shikaku), 2001)
Tokyo University Graduate School, Law and Politics (LL.M., (Adjudged Worthy of Class Valedictorian, which is the Highest Honour Tokyo University bestows), 2000)
Tokyo University (LL.B., 1998)

Publications/Lectures

Academic Papers:
"Foreign Insurance Companies In Japan - Possible Reforms?," Corporate Live Wire (June 13, 2011) (co-authored)
"Debate on Review of the Actions Required for Preventing Adverse Effects (Firewall Regulations) and Noteworthy Points for Bancassurance," Financial Compliance (co-authored) (January 2011)
"Expansion into the Japanese insurance market," Euromoney Yearbooks/International Reinsurance Review 2010/11 and 2011/12 (co-authored)
"Supreme Court: warranty against defects in contaminated land transaction," International Law Office (co-authored)(September 2010)
"Noteworthy points for Bancassurance regarding Personal Pension Insurance," Financial Compliance (co-authored) (June 2010)
"Soil Contamination Countermeasures Law Reforms and Environmental Risks," Environment Business (August 2009) Japan Business Publishing Co., Ltd.
"Laws and Regulations on Solicitation of Variable Insurance and Accountability of Financial Institutions," Financial Compliance (co-authored) (April 2009)
"Legal Issues stemming from Soil and Groundwater Contamination and their Implications on Management of Business," The Lawyers (co-authored) (March 2009)
"Compliance and Noteworthy Points for Bancassurance," Financial Compliance (co-authored) (March 2008)
"Case Studies - Japanese Banking Regulations on Advertisement / Personal Information Protection / Other Related Issues," Compliance Notes for Directors and Branch Managers, Kinyu Compliance (co-authored) (May 2007)
"Various Issues Concerning Sales of Insurance Products," "Types of Actions Required for Preventing Adverse Effects," Noteworthy Points for Compliance with Laws relating to Bancassurance, Kinyu Compliance, (co-authored) (February 2007)
"The Soil Contamination Countermeasures Law of Japan and its Implications for Japanese Financial Markets," Financial Law Report (Kinyu Homu Jijo), Vol. 1674 and 1675 (May 2003)
"Coverage Under General Liability Insurance," Master's Thesis focusing on environmental lawsuits in the U.S. and their implications on Japanese insurance practice (March 2000)
 
Special Works:
"International Succession Third Edition; Chapter 26, Japan," Oxford University Press, (January 2010)(co-authored)
"Guide to Japan's New Corporation Law: An analysis of the new corporate system based upon a review of the new provisions," Kinzai Institute for Financial Affairs, Inc. (August 2005)
"Securities World 2005; a jurisdictional comparison," publication by European Lawyer (co-authored) (May 2005)
"Compliance Manual For Life Insurance Solicitors," Kinzai Institute for Financial Affairs, Inc. (June 2003)
 
Lectures to Learned Societies:
"Regulations on Insurance Solicitation - Facets of Compliance and Diversification of Solicitation Channels," Insurance Forum 2011 (December 2011)
"Issues concerning the Actions Required for Preventing Adverse Effects (Firewall Regulations) and Noteworthy Points for Bancassurance- Practical Cases and Countermeasures based on trends and current situations 3 years since Complete Clearance," Lecture presented at a seminar organized by Stock Research (February 2011)
"Innovation for Insurance Companies~sources of enhanced competitiveness and challenges for the future~," Seminar Info (November 2010)
"Risk Management for Insurance Companies - The Possibility of Sales Expansion and the Importance of Risk and Dispute Management based on Consumer Protection Trends," Financial Management Forums (July 2010)
"Insurance Law Reforms and its Impact on Insurance Business," Seminar Info (July 2008)
"Insurance Law Reforms - Key Issues and Ramifications for Insurance Business in Japan," Institute for Financial Affairs (November 2007)
"Sales of Insurance Products and Compliance - Impact of Financial Instruments and Exchange Law on Insurance Business and Bancassurance," Seminar Info (October 2007)
"Sales of Insurance Products and Compliance - Impact of Financial Instruments and Exchange Law on Insurance Business," Kinyu Facsimile Shinbun Sha (July 2007)
"Sales of Insurance Products and Compliance - Laws and Regulations Concerning Sales of Financial Products and Bancassurance," Stock Research Ltd. (June 2007)
"Global Approaches and Legal Issues Related to Financing - With Focus on Syndicated Loans, Project Finance and Securitization, together with Techniques used and Precautions to be Taken in Drafting English Contracts -," Stock Research Ltd. (September 2006)
"Financial Regulations and their Enforcement: the Role of Legal Profession," 21st century COE Program, University of Kyoto (November 2004)
"A New Trend in Insurance Products Covering Soil Contamination Risks," The Non-Life Insurance Institute of Japan (September 2003)
"The Soil Contamination Countermeasures Law of Japan and its Implications for Japanese Financial Markets," Core Science Limited (April 2003)
"The Law Concerning Measures to Cope with Soil Contamination and its Implications for Financial Institutions," study meeting of leading bankers (June 2002)
"Foreign Legislation Relating to Countermeasures Against Soil Contamination and its Implications for Japan," Ninth Symposium on Geo-Environments and Geo-Technics (November 1999)

Professional Admissions

Japan, 2001

Professional and Academic Associations

・Dai-ni Tokyo Bar Association
・Kouki Iinkai (which serves as the disciplinary body with respect to the practice of law in Japan)

Languages

・Japanese (first language)
・English