Case study for Secondhand-dealer License
While just dealing with secondhand goods likewise, a license is required in some cases but no license is needed in the other cases. Let’s check what makes this difference.
Cases where a Secondhand-dealer License is indispensable
1 When you buy a secondhand commodity then sell it to another person
2 When you buy and repair a secondhand commodity then sell it to another person
3 When you buy and a secondhand commodity and extract a reusable part then sell it to another person
4 When you are mandated (asked) to sell such an antique commodity at a market (a store, a garage or a flea market, internet auction or a place with any particular function as a shopping site) and receive some commission (Consignment)
5 When you barter a secondhand commodity for another commodity
6 When you lease or rent a secondhand commodity after purchasing it
7 When you buy and a secondhand commodity then export it
(*Even if you do the activities listed above through Internet, a license is needed.)
Cases where a Secondhand-dealer License is unnecessary
1 When you sell your belonging or just put up your belonging for auction
2 When you sell a commodity that has been obtained gratuitously
3 When you sell what you have collected from somebody by receiving commission
4 When you repurchase a commodity that has been sold
5 When you sell a commodity that you bought outside of Japan
(*In case you just try to do the activities like the above, Secondhand-dealer license is not necessary.)
(*The definition of ‘Your belonging’ is a thing that you have used or an unused thing while being bought for your use; however your initial)
Points notable when it comes time for you to obtain a license
◎You have to newly obtain a license as a juridical person when you become the representative of a judicial person and make the juridical person control the secondhand-dealing even if you have already obtained a license as an individual.
◎Secondhand-dealer License shall be applied to and given by each Public Safety Commission that controls the region (prefecture) where your business base is located. (If you have business bases in two or more prefectures, obtain licenses from Public Safety Commissions of the said prefectures.)
◎Don’t forget to produce Notice for Auction if you want to deal with an auction.
◎Don’t forget to produce Notice for Knocking-door business if you want to deal outside of your business base. (*You cannot buy at any place other than the counterpart’s address even if Notice for Knocking-door business has been already produced.
◎Another type of notice is needed to be produced if you try to open an Internet auction site.
(Needed only in a case where you directly trade a secondhand commodity by utilizing the said web site; and closing of web site and address-alteration are also subjects for notice)
Points notable for Knocking-door-business
◎Purchasing of secondhand commodity shall be done at your business base or the counterpart’s address. (Repeatedly, in the case of a deal at the counterpart’s address, Notice for Knocking-door business is needed.)
◎By the definition as of Curio-Business Law, Knocking-door business is a business-out-of-the-base: for example by using a stall or an exhibition hall of department store.
◎Make sure that the column of Knocking-door business is ‘Yes’ in cases where you utilize a secondhand market run by another dealer, where you visit a counterpart’s address to buy a commodity, where you locate a booth in a specific hall (mainly you can have one in a department store etc.
◎Even when the column of Knocking-door business is ‘Yes’, there still be restrictions on the place where you purchase commodities.
◎You cannot purchase commodities by short-term utilization of a stall, a parking lot of a supermarket or a exhibition hall of department store.
When you violate the provisions of the Curio-Business Law, your license may be forfeited. So your business shall be run very carefully.
Additionally, never forget to bring your license with you when you go out to purchase a secondhand commodity by visiting for example the seller’s own house.