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Mitsuharu Kataoka

Partner
A most trusted attorney with extensive knowledge and vast experience.
— Client, Real Estate, Chambers Asia Pacific, 2023
Tokyo
About

Mitsuharu Kataoka is a partner in the Real Estate team, based in DLA Piper's Tokyo office. Mitsuharu is experienced in advising on multijurisdictional real estate acquisitions and dispositions, securitisations, constructions and developments, leases, financings, mergers and acquisitions, franchise, license and management, and other real estate, regulatory and corporate matters. Before beginning his legal practice, Mitsuharu gained experience working in the textile and apparel department of a Japanese general trading company (conglomerate or sogo-shosha). He handled brand licensing, sales, production, import and export of apparel brands and products for more than ten years in Japan and in Hong Kong. This gives him a key business insight and allows him to provide a service that goes beyond providing legal advice.

Areas of FocusConsumer Goods, Food and RetailFinancial ServicesMedia, Sport and EntertainmentReal EstateCorporate
Professional QualificationsBengoshi registered with the Daini Tokyo Bar Association

EXPERIENCE

  • Advising a Hong Kong private equity fund on its acquisition of retail properties (under construction) in a famous shopping area in Tokyo, financing for acquisition and refinancing and lease of properties.
  • Advising a Hong Kong private equity fund on its acquisition and disposition of an international brand hotel in Osaka, Japan and hotel operating company and financing for acquisition. After the acquisition, he advised on switching the power supply from a local power company to in-house power generation.
  • Advising a Singapore developer on its acquisition of land in Hokkaido, Japan for the development of luxurious resort properties and financing for acquisition.
  • Advising a Canada real estate developer on its acquisition of residential properties in Tokyo, Japan for redevelopment.
  • Advising an US asset management company on its acquisition of about 7,000 m2 residential land in a high-class residential area in Kyoto, Japan for the development of residential properties.
  • Advising a US construction company on its incorporation of a Japanese subsidiary, recruitment of personnel with necessary qualifications to obtain a Japanese construction business license, obtaining a Japanese construction business license and several agreements for construction projects in US military bases in Japan.
  • Advising a global investment company on its acquisition from a Chinese real estate developer of (i) offshore investment company making tokumei kumiai (anonymous partnership) investment in Japanese company holding real estate complex (including offices, retail store premises and hotel) in Chiba, Japan and (ii) a Japanese hotel operating company to operate the hotel in the real estate complex.
  • Advising a Singapore investment company on its acquisition of an office tower in Tokyo, Japan through GK-TK structure, including legal due diligence, advice on purchase and sale agreement, trust agreement, asset management agreement, property management agreement and lease agreements.
  • Advising a US health and beauty product manufacturer on its acquisition and disposition (sale and lease back) of office properties in Tokyo, Japan and leases of properties.
  • Advising a UK entertainment and amusement park operator on its park and hotel construction-related agreements to open an amusement park in Nagoya, Aichi, Japan and several amusement ride manufacturing and installation agreements.
  • Advising a Portugal construction company on its incorporation of a Japanese subsidiary, obtaining a Japanese construction business license and several agreements with project owners for construction projects in Japan.
  • Advising a European financial institution on its investment in a Japanese fund making investment in logistics properties in Japan.
  • Advising a foreign government on (i) registration of title to buildings it owns in Japan (including its embassy and improved properties used for commercial purposes), (ii) the lease of part of the building for commercial purposes, (iii) Japanese substantive tax including application of Vienna Convention and (iv) negotiations with Japanese developer and construction company.
  • Advising a US solar power company on its EPC contracts with Japanese contractors to set up and operate several solar power plants in Japan.
  • Advising a foreign data centre owner and operator on its design and construction agreements, facility installation agreements and service agreements with Japanese contractors to set up and operate data centres in Japan.
  • Representing owners of various fashion and other retail brands in connection with negotiations of commercial leases and constructions of their retail stores all over Japan.
Education
  • London Business School, Sloan Master of Science in Leadership and Strategy, 2012
  • University of Tokyo, B.A (Econ), 1991

Awards

  • Recommended Lawyer for Hospitality, Japan, Who’s Who Legal, 2023-25
  • Ranked lawyer, Real Estate, Japan, Chambers Asia Pacific 2023-25
  • Recognised for the Lexology Client Choice Awards 2024 in the area of Hospitality

Publications

  • Consumer protection in Japan: New law prohibits stealth marketing, 05 July 2023
  • Investment in facilities for the elderly in Japan, 25 May 2023
  • Digital securitization of real estate - Amendments to Financial Instruments and Exchange Act of Japan, 31 October 2022
  • New Law on Real Estate Investment in Japan, 22 July 2022

My latest insights

Publication
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Consumer protection in Japan: New law prohibits stealth marketing

5 July 2023 .12 minute read

Publication
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Investment in facilities for the elderly in Japan

25 May 2023 .22 minute read

Publication
Forest

Digital securitization of real estate - Amendments to Financial Instruments and Exchange...

31 October 2022 .5 minute read

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Phone

+81 3 4550 2936
(Work, Tokyo)
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