Last time, we have introduced about the definitions of the Antique Dealers, today we are introducing the three major obligations, which are as following:
・Obligation of Identity Verification
・Obligation of recording the dealings to the Ledger of Antiques
・Obligation of declaration to the illegal goods such as stolen items
1. Obligation of Identity Verification
When Antique Dealers purchase antique, they have the obligation to identify the name, address, date of birth, and occupation of the Business Associate. However, if the amount is small, obligation of Identity Verification may be exempted in some cases which depends on the purchased items.
To give an example, if the purchased items are motorcycle parts (excluding screws, bolts and nuts), second-hand books, CDs, DVDs, Game software etc., even if the purchased amount is less than \10,000 JPY, Identity Verification must be performed. On the other hand, other than such mentioned items, if the purchased amount is less than \10,000 JPY, obligation of Identity Verification will be exempted.
Moreover, if there is transgression of the Obligation of Identity Verification, there may be a possibility that revocation or suspension of the business license will be penalized. In addition, there are also cases that will be punished by imprisonment up to six months or a fine of up to \300,000 JPY.
2. Obligation of recording the dealings to the Ledger of Antiques
Obligation of recording the dealings to the Ledger of Antiques is the obligation imposed when Antique Dealers purchase and sell a certain amount of Antiques. Furthermore, the record shall be kept for three years after the recorded date. The contents that shall be recorded are as the following pursuant to the law:
・The name, address, occupation and age of the Business Associate
・Method to verify his/her identity
・Contents of Antiques such as list of items and amount etc.
・The date of dealing
・The property of the Antiques
The Ledger of Antiques can be purchased at the Crime Prevention Association of the prefectures. Furthermore, the Ledger can also be managed via software such as Excels. In this case, it must be always printable.
The deals that are necessary for recording to the Ledger of Antiques are stipulated by Laws. If it is a purchase that requires Identity Verification, recording to the Ledger of Antiques will be necessary in principal and you can treat it as a set.
But then, if it is a sale, and only if the item is a motorcycle, motor vehicle, arts or artifact and watch or jewelry, obligation of recording the dealings to the Ledger of Antiques will be required.
In case if there is transgression of such Obligation, there may be a possibility that revocation or suspension of the business license will be penalized. In addition, there are also possibility that will be punished by imprisonment up to six months or a fine of up to \300,000 JPY, if recording is necessary for the deals, please remember to ensure that they are all recorded.
3. Obligation of declaration to the illegal goods such as stolen items
Antique Dealers may have chances to encounter suspicious illegal goods such as stolen items when dealing. The purpose of the Secondhand Articles Dealer Act is to prevent the distribution and early recovery from damages of the illegal goods such as stolen items. Hence, whenever the Antique Dealers discover the illegal goods, they have obligations to report to the polices immediately. Revocation or suspension of the business license may be penalized if there is transgression of the obligations to the declarations. Moreover, if Antique Dealers have acknowledgement and deal with the stolen item on purpose, Dealers may be punished by imprisonment up to ten years or a fine of up to \500,000 JPY pursuant to the Acceptance of Stolen Property.
We are sure you now know more about the obligations as an Antique Dealer. Next time, we will be looking at the Disqualification of Antique Dealer! See you!