Executing Agreements

Japanese contracts normally end something like this:

以上、この契約の締結を証として、本書2通を作成し、甲乙双方が記名押印の上、各1通ずつ保有するものとする。

This can be translated:

In witness whereof, the parties hereto have caused this Agreement to be executed in duplicate, each party retaining one (1) copy thereof respectively.

Variations used in contracts found on the internet include:

IN WITNESS WHEREOF, each of the parties set out below has caused this Agreement to be duly executed by its respective, duly authorized officer as of the date first above written.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the dates set forth below.

IN WITNESS WHEREOF, the parties hereto have duly signed this Agreement as of the day and year first above written.

IN WITNESS WHEREOF, the parties to this Agreement by their duly authorized representatives have executed this Agreement as of the date first above written.

IN WITNESS WHEREOF, each of the undersigned has caused this Agreement to be duly executed and delivered in the location set forth below its signature by its proper and duly authorized officer as of the date hereof.

Contracts written in English tend to include the date in the opening paragraph.
Since we are concerned with translating contracts written in Japanese, which tend to write the date at the end of the contract, more often than not the phrase “as of the date first above written” cannot be used in the closing sentence. It is important to check the Japanese and adjust the phrases appropriately.

Using a seal (はんこ) is a common practice in Asia but not in Europe or America.
(In Hong Kong such seals are referred to as “chops”.)

Over the years many clients have asked me why, when they can see記名押印 in the original, they cannot see an equivalent to sign or seal in the translation.
The word “execute” includes the meaning “sign” thus adding “sign, stamp their seal” is unnecessary.

The following is an example of a closing sentence that can be used if requested to include "sign" in the translation:
In witness whereof, the parties hereto have caused this Agreement to be executed by their representatives in duplicate, by affixing their signatures and/or [registered] seals, and each party shall retain one (1) copy thereof respectively.

(Updated from an published by Orian in August 2012)