최근 일본의 개정회사법상 사채관리보조자에 관한 검토

The bond administrator system in Japan was introduced with the amendment to the Companies Act in 1993. However, in practice, few people wanted to become a bond administrator because of the onerous duties and responsibilities of bond administrators. In addition, there were high costs for a bond administrator. Therefore, when the Companies Act was amended in 2019, the bond administrative assistant system was established. The bond administrator has comprehensive authority for administering bonds with a wide range of discretion. On the other hand, the bond administrative assistant system requires that a bond administrative assistant, a third party, assists in bond administration for bond holders on the premise that bond holders will administer bonds by themselves. Therefore, the scope of authority and discretion of a bond administrative assistant is more limited than that of a bond administrator. As such, bond administrative assistants do not have a wide range of discretion for administering bonds on their own. Rather a bond administrative assistant provides assistance in the administration of bonds by bond holders, such as ① reporting bankruptcy claims of bond holders and ② in the case of a claim by a bond holder, providing help in administering the bonds, such as through organizing a meeting of bond holders. This article reviews the overall bond administrative assistant system and considers the effectiveness of Korean legislation.