In brief On 7 June 2024, the National Diet of Japan enacted the Act on the Promotion ofCash Flow-Based Lending (“Act”). The effective date of the Act will be separatelydetermined within two and half years from its promulgation on 14 June 2024.The Act will bring into effect a new type of security interest called the “EnterpriseValue Charge” (“EVC”) by which the entire assets (including future assets) of acorporate debtor can be collateralised.In this article we…

On 20 January 2023, the Interim Proposal on the Reform of Secured Transaction Law (“Interim Proposal”) was published by the Japanese government. The Interim Proposal is, among other things, intended to govern security interests created by secured transactions, such as security assignments and sales with retention of title, that have been recognized by court precedents. The Interim Proposal also considers the introduction of a new type of security interest over all the assets of a…