🌍 Climate Risk & Directors’ Duties in Japan🌍 How should Japanese directors address the challenges of #climaterisks? The fourth edition of our Directors’ Duties Navigator (linked in the comments 👇) produced with the Climate Governance Initiative has the latest insights into the evolving laws and regulations shaping corporate leadership around the world. 1️⃣ The Japanese Government recognizes #climatechange as a material issue impacting the #sustainability of almost all companies, creating heightened expectations for business leaders to act. 2️⃣ Japan’s Climate Change Adaptation Act 2018 and its Act on Promotion of Global Warming Countermeasures together create regulatory expectations that all sectors of Japanese society must make efforts to control climate change through mitigation and adaptation. 3️⃣ Japan’s Financial Services Agency recognises that climate change poses serious financial and transition risks to the financial system in Japan. 📖 Implications for Directors' Duties in Japan📖 🌡️𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭 𝐨𝐟 𝐜𝐥𝐢𝐦𝐚𝐭𝐞-𝐫𝐢𝐬𝐤𝐬: Failure to monitor climate change risks and relevant regulations could give rise to a breach of the director’s duty of care if a board were to fail to set up an appropriate risk management system. 🪟 𝐄𝐧𝐡𝐚𝐧𝐜𝐞𝐝 𝐃𝐢𝐬𝐜𝐥𝐨𝐬𝐮𝐫𝐞 𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭𝐬: #Disclosure statements should include how the company perceives and intends to address sustainability issues. They should be aligned with the four pillars of the FSB Task Force on Climate-related Financial Disclosures (TCFD) —governance, strategy, risk management, and metrics and targets: ▶️ Governance and risk management disclosures are mandatory. ▶️ For strategy and metrics/targets, companies must justify any omission as unnecessary. ❗𝐋𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐫𝐢𝐬𝐤𝐬: Directors face increasing #liabilityrisks in two critical areas: ▶️ Narrative Sustainability Disclosures: the management of a submitting company may be held liable if it fails to disclose material forward-looking information that could affect investors’ investment decisions. ▶️ Financial Statements: Omissions or inaccuracies in financial statements related to climate risks may lead to regulatory scrutiny, shareholder litigation, and stakeholder trust erosion. 🌿 𝐁𝐢𝐨𝐝𝐢𝐯𝐞𝐫𝐬𝐢𝐭𝐲 Biodiversity risks may constitute material financial risks which boards are required to consider within the purview of directors’ duties. Prudent directors would be well advised to consider the relationship between business and nature in their context, in advance of the FSA’ s possible adoption of nature-related financial disclosures. 👉 Read the full Japan section to find out more! 📚 Special thanks to the authors: Dr. Yoshihiro Yamada (Ritsumeikan University), Dr. Masafumi Nakahigashi (Nagoya University), and Dr. Janis Sarra (The University of British Columbia, Canada Climate Law Initiative). #ClimateAction #SustainabilityLeadership #CorporateGovernance #ClimateDisclosure
Download the full analysis on directors' duties in Japan here: https://bit.ly/48VUMgV
The full Navigator and all country sections are available here https://commonwealthclimatelaw.org/directors-duties-navigator-climate-risk-and-sustainability-disclosures-fourth-edition-2024/