Ex-President Sahashi claims he is victim of NOVA crash

Ousted NOVA Corp. President Nozomu Sahashi told the Sunday Mainichi in an exclusive interview — the first he has given since the collapse of the English conversation chain — that “before I apologize to everybody, I want to get NOVA back on its feet.”

Sahashi, 56, vanished from public view as NOVA struggled throughout the summer and early autumn months, but despite being accused of mixing his private and public lives too much, he takes a strong stance on his handling of the company.

“I’m being set up as the bad guy,” he says. “I didn’t take a single day off from April as I went around busting my guts to try and get NOVA to rebuild under its own steam. I stopped taking a wage myself from July. If what’s going on now hadn’t happened, I thought I would have been able to get 10 billion yen to get the company back on track. (After I was sacked), there was this sudden liberation from the difficulties of trying to collect money and my mind is still a blur. I still haven’t thought about what I’m going to do from now.”

While Sahashi occasionally smiles during interviews with Sunday Mainichi reporters, most of the time his face remained stern.

Sahashi spoke during sessions conducted at a Tokyo hotel on Nov. 14 and 15. We asked Sahashi if we could take photos, but he steadfastly refused, saying, “I don’t know what face I should put on before the camera.”

Sahashi stood at the helm as the dominant president of NOVA before he was axed on Oct. 26, the same day the company filed for court protection from creditors. He vanished from public view ever since. He did not show himself to the roughly 300,000 NOVA students and employees and publicly was criticized for an “irresponsible” attitude. Receivers have strongly blasted his management and are considering pressing charges of breach of trust against him.

On Nov. 5, Sahashi filed a report with the Osaka District Court in which he denied many of the allegations about him that have been floating in the media in recent weeks. But the 200 minutes he spent with Mainichi reporters represented the first time he had confronted the media since NOVA’s collapse.

Sahashi was particularly vehement in denying claims that he had turned NOVA’s President’s Office into an opulent “secret hideaway.”

The hideaway was a Japanese-style room about the size of 8 tatami mats (around 24 square meters), contained a Jacuzzi and double bed. Receivers said they opened the room to the media because they wanted to show the world how much Sahashi was using the company as his private property.

“The double bed wasn’t for private use, but used as a guest room for visiting VIPs. It was mainly for guests from overseas. Some people are saying it was suspicious because the bed had two pillows, but hotel beds nowadays all have two pillows. This wasn’t the President’s Office. Within the company, we used to call it the ‘Business Center,’ ” Sahashi says.

Sahashi also denies claims that he had several lovers and that he had been involved with many of the women he employed.

“We don’t have secretaries in our company. Considering 80 percent of employees are women, there would be uproar if I ever became involved with a member of staff. As for the reports that I appointed former hostesses as secretaries, all I can say is that I don’t go to the kind of places where hostesses work. There couldn’t be a type further from the clubs of Ginza or Shinchi than me,” Sahashi said.

Sahashi becomes furious when discussion shifts to the G.education group that has bought out NOVA.

“I can’t get it out of my mind that what happened was a planned raid,” he said, each word hissed out with seething anger as he goes on to give his side of NOVA’s collapse.

NOVA’s fall was sparked by a February inspection of the company by the Ministry of Economy, Trade and Industry (METI) following a spate of troubles rising out of the conversation school chain’s contracts with students. NOVA had escalated rapidly, setting up too many schools to be able to provide enough teachers and making it difficult for students to get classes they had been promised. NOVA’s situation worsened in June when METI said there had been 18 cases where the company had acted illegally and banned it from carrying out some of what had been its standard business practices. The ban led to a rush of students leaving the school and made NOVA’s fund-raising a more difficult proposition than ever.

In April last year, Sahashi was ordered to appear before the Osaka Consumer Center to explain how his company planned to avoid further contract problems with students. At the time, Sahashi turned up to a meeting with Osaka Mayor Junichi Seki accompanied by Liberal Democratic Party House of Representatives member Yasuhide Nakayama, which has led to media claims that the ex-NOVA boss was trying to use political strong-arming to influence his fate.

“We never applied any pressure on the mayor. How much influence do you think a two-time Diet member can peddle? Nakayama is my friend and I haven’t made any political donations to him. All we did was pay a courtesy visit to the mayor,” Sahashi says.

Sahashi explains what he did as NOVA was crumbling around him. He says he foresaw NOVA’s revival coming through merging his schools to cut costs and securing funds of 10 billion yen.

“With the merging of schools, I had been negotiating with a conference room rental company about taking them over with no further refurbishment and we were at the stage where we were talking concrete details. I forecast that shutting down schools would have brought in about 3 billion yen or 4 billion yen from returned deposits. My plan was to rationalize 200 to 300 schools from late October to November,” Sahashi says. “As for fund acquisition, I had set up a share warrant where 200 million shares would be issued to two fund companies and the plan was to have 3 billion yen at first in cash by Oct. 26. While searching for capital, I looked at 20 to 30 funds before finally settling on two investment companies based in the British Virgin Islands. I had a plan to increase capital by about 7 billion yen.”

Sahashi is also reported to have been involved with major share market speculator Haruo Nishida, who has been charged by the Osaka District Public Prosecutors Office for trying to manipulate the market. A brokerage industry insider explains.

“Sahashi was in a hurry to get money and saw many assets eaten up by anti-social forces. There are 8 million shares Sahashi had in NOVA that remain unaccounted for and this probably explains why his name has come up (with Nishida). There’s no doubt there was some murky ground in his plans to raise money. The link between Sahashi and Nishida, however, is a mystery,” the insider says.

Sahashi completely denies any relationship with Nishida.

“I don’t know him at all. I checked with the funds and they said he was a complete stranger,” Sahashi says.

Incidentally, Sahashi owned 48 million NOVA shares, or about 72 percent of the entire company. He says he gave an investment consultant 22 million shares from late July to mid-August to use them to try and raise money. He says the allegedly missing 8 million shares arose from this.

“I have no idea who owns them now. They weren’t returned to me by the end of September as promised and the investment consultant said they would be back by the end of October. The shares have been sold for sure, so my only option is to press charges. I realize it’s a bit late now to have them give back worthless shares, but unless I do that there’s no way I can prove my innocence,” Sahashi says.

Sahashi is also furious at the nature of his dismissal, which he calls a “coup d’etat.”

Sahashi says he first heard he had been dismissed as NOVA president at 5:30 a.m. on Oct. 26. He was woken by a phone call from a friend and given the news that he had been fired and NOVA was applying for protection from its creditors.

“I was shocked,” Sahashi says.

Sahashi says that divisions in the NOVA board first surfaced on Oct. 23, three days before he was fired. Sahashi gives his account of a conversation that occurred between himself and another NOVA director on that day.

DIRECTOR: Why don’t we apply for protection?

SAHASHI: We can’t. Why? Because I’ve got something (to raise money) and we can rebuild on our own.

DIRECTOR: Our employees don’t have the power to rebuild the company.

SAHASHI: Maybe we don’t have enough staff, but we can protect our students and employees. Our only option is to rebuild by ourselves.

DIRECTOR: I feel sorry for our employees in the firing line. That’s why we should apply for protection and then rebuild.

SAHASHI: The moment we do that, our students are going to vanish. What are we going to do about the students?

DIRECTOR: Apply for protection and we’ll find a sponsor.

SAHASHI: How will you find them?

DIRECTOR: There’s a bank that says it will help us.

SAHASHI: Which bank? Who have you been talking to?

DIRECTOR: I can’t say.

Soon after this alleged conversation, Sahashi says he received word from somebody who had been closely watching the NOVA executives.

“They warned me that the directors were being shifty. They told me that there was something strange about their behavior,” Sahashi says.

Sahashi says that before NOVA’s collapse, he twice had meetings with G.education, the group that ultimately came in to rescue the failed chain. Sahashi says he met G.education 38-year-old Chairman Masaki Inayoshi for the first time over the summer as NOVA sought a partner to tie up with to raise capital.

“I met Mr. Inayoshi twice, before and after the (mid-August) o-bon holiday. Inayoshi told me that he wanted to exchange shares and that he wanted to be the main shareholder. At that time, he presented me with a proposal where my shares would be split up into about five or six funds,” Sahashi says.

Inayoshi denies Sahashi’s claims.

“In about the middle of August, there was an approach to our shareholder Venture Capital about whether we would like to have a meeting with the NOVA president and that’s how I met Mr. Sahashi on two occasions. We never talked about a capital injection or exchanges of shares. I absolutely did not insist on becoming the main shareholder. I heard that NOVA was in a pretty poor state and told him that it would be extremely difficult for us to cooperate with him,” Inayoshi says.

Nonetheless, Sahashi still seems to feel that he has been set up for a takeover by G.education.

“There are signs that three directors had determined in advance that Oct. 26 would be D-Day, where the president would be fired and NOVA would apply for court protection. Even after I had submitted plans to merge schools and come up with money, the directors just ignored those plans and bought time until D-Day came around,” Sahashi says. “It takes time to apply for court protection from creditors. There’s a mountain of paperwork involved. It’s impossible to just suddenly make an application. NOVA’s lawyers made the application and I was unaware of what was going on. That’s a breach of trust.”

Sahashi maintains his stance that “there was a conspiracy to carry out a coup d’etat.”

“We were having trouble raising cash and were late in paying rents and employees’ wages. I guess the three directors thought the situation was no good. And I think maybe G.education got in on the act then, too. I don’t know which side initiated the conversations, but I have information that the directors were talking to G.education in advance of what happened,” Sahashi says.

Inayoshi once again denies Sahashi’s claims.

“That’s impossible, because we only met the receivers a short while before we were publicly announced as the company’s saviors. We were asked to show our plan to employees. That was three days before we were named to take over NOVA. It’s really sad he thinks he was caught in a coup d’etat and that we were involved in it,” Inayoshi says.

Despite Sahashi’s claims that he is the victim of a conspiracy, he can’t deny that he is suspected of hiding money.

One instance where he is accused of secreting cash away involves Ginganet, a communications company and subsidiary wholly owned by Sahashi and his relatives that owns the patent rights to the TV monitor system the conversation chain used to provide some lessons. Receivers say Ginganet sold the monitors to NOVA at heftily inflated prices to create profits that didn’t really exist. Receivers consider the Ginganet dealings as possible cases of aggravated breach of trust or embezzlement.

Sahashi denies the claims.

“Ginganet developed the systems, but they were assembled overseas by an assembly specialist. The factory is in Thailand. Assembly made up 60 percent of the wholesale cost of the machines and when you add in the commission for the assembler, it went over 80 percent. Put in the development costs and it means that Ginganet was actually selling the monitors at a loss,” Sahashi says.

He continues: “If I had any secret funds, I would have funneled them back into NOVA and rebuilt the company immediately. I used my personal assets, NOVA shares and my shares in other companies as collateral to raise money. Rather than having any secret funds hidden away, I’m a victim in this. I haven’t put a single yen in my pockets,” Sahashi says.

NOVA, however, is not so sure.

“There are absolutely no grounds to back up what Mr. Sahashi says (about Ginganet),” a NOVA spokesman says. “We are considering pressing charges.”

Joji Yabuki, head of the NOVA Seito no Kai, an association of students of the failed conversation chain, insists Sahashi show some sincerity.

“He should hold a news conference and apologize to all of us. If he’s not prepared to put in some of his own money to a fund aimed at helping students made victims by the school’s collapse, it’s hard to see him as being very sincere. There are 300,000 of us who are furious,” Yabuki says.

Sahashi is aware of the anger rising up against him across Japan.

“I have a large responsibility to bear and I sometimes feel like hanging my head in shame. Of course, bearing the ultimate responsibility, I feel absolutely terrible about what has happened to students and staff,” Sahashi says, but he is less forthcoming when asked if he plans to front the media to apologize publicly. “Do you think I’ll be able to finish everything just by fronting a news conference and saying ‘Sorry?’ ‘Responsibility’ for me means the responsibility to rebuild NOVA. How do the directors who proposed the takeover plan to take responsibility? They deserve to die 10,000 deaths!”

http://mdn.mainichi.jp/national/news/20071119p2a00m0na036000c.html

Hungry Nova teachers teach for food

A labor union representing former teachers at failed Nova Corp. launched a program Saturday that enables students to pay for language lessons by buying them meals instead of paying tuition fees.

Nova has closed its schools nationwide, depriving nearly 300,000 students of classes and keeping the teachers out of work and pinched for money.

At a Tokyo park Saturday afternoon, teacher Kristen Moon, 23, gave a lesson lasting about an hour based on topics in an English-language magazine to 32-year-old Yasuhiro Kawatani. They then went to a nearby restaurant afterward.

http://search.japantimes.co.jp/cgi-bin/nb20071118a3.html

Worried NOVA students crowd into Osaka hall for meeting

The NOVA Students’ Association held its first meeting here on Friday, with many students appearing worried as they listened to the explanations about the company.

About 1,000 participants poured into a hall in Osaka with a capacity of about 250, prompting the sponsor of the meeting to quickly find another location.

The group was formed earlier this month by about 70 students from areas such as Osaka and Tokyo. On Friday, the group’s representative, Joji Yabuki, explained the negotiating conditions between NOVA’s preservation administrators and Nagoya-based company G.education, which has stepped in to take over NOVA’s business.

Some students who participated in the gathering called for pursuit of former NOVA President Nozomu Sahashi’s responsibility over NOVA’s downfall. Others asked that they be able to continue their lessons at G.education without having to pay any extra.

http://mdn.mainichi.jp/national/news/20071117p2a00m0na005000c.html

G.education officially takes over NOVA

Preparatory school operator G.education has officially taken over NOVA, the failed operator of Japan’s largest English conversation school chain, company officials said.

The takeover took effect after a representative for G.education and receivers for NOVA signed an agreement on the handover on Tuesday.

Osaka-based NOVA filed for court protection from creditors under the Corporate Rehabilitation Law on Oct. 26. Receivers for NOVA decided on Nov. 6 to hand over its school chain to Nagoya-based G.education.

http://mdn.mainichi.jp/national/news/20071115p2a00m0na003000c.html

New NOVA school opens

A company that has taken over NOVA Corp., the failed English school chain, has opened a new school here, company officials said.

G.education, based in Nagoya, remodeled its “EC” English school as a NOVA school and opened it near Nagoya Station in Nakamura-ku.

The company will hold meetings for NOVA students and new students on Thursday and Saturday in addition to one it held on Wednesday. The new school can accept about 200 students and it will continue to teach EC students.

The new school is set to start lessons next week, according to officials.

http://mdn.mainichi.jp/national/news/20071114p2a00m0na028000c.html

‘Gaijin card’ checks spread as police deputize the nation

In the good old days, very few Japanese knew about Alien Registration Cards ? you know, those wallet-size documents all non-Japanese residents must carry 24/7 or face arrest and incarceration.

Back then, a “gaijin card” was only something you had to show a bored cop doing random racial profiling on the street.

Legally, in fact, it still is. According to the Foreign Registry Law (Article 13), only officials granted police powers by the Justice Ministry can demand to see one.

But in its quest to make Japan “the world’s safest country again” (without similarly targeting Japanese crime) and to stem hordes of “illegal foreigners” (even though figures for overstayers have been falling since 1993), the government has recently deputized the entire nation. From now on, foreigners must endure frequent “gaijin-carding” at work. Not to mention passport checks and copying of personal ID documents.

This open season on gaijin, as well as on terrorists and carriers of contagious diseases (which somehow also means the gaijin), has gone beyond fomenting the image that non-Japanese are merely untrustworthy. It has created policy creep. Gaijin-hunters in their zeal are stretching or breaking established laws.

Backtrack: After years of alleging heinous foreign crime and terror (Zeit Gist, Feb. 20, 2007), the government first deputized the public in 2005 (ZG, March 8, 2005). Laws regarding hotels were revised to require passport numbers and photocopies from all “foreign tourists” (i.e. people without addresses in Japan).

However, police immediately stretched the law, telling hotels to demand passports from all foreigners. Some hotels threaten refusals if the gaijin doesn’t cough up his card (www.debito.org/olafongaijincarding.html).

Now ? as of Oct. 1 ? the Ministry of Health, Labor and Welfare has chipped in, deputizing workplaces. Under the Employment Policy Law (“Koyo Taisaku Ho” ? see the MHLW Web site ), all employers (“jigyo nushi”) hiring, firing, or currently employing non-Japanese (except Special Permanent Residents and diplomats) must check their visa status, verifying that they are neither overstaying nor working outside their visa parameters.

This means filing a report at Hello Work, the MHLW’s unemployment agency. Information on all foreign staff, including name, date of birth, gender, nationality, visa status and expiration date, confirmation that all work is permitted under the visa, and employer’s name and address, must be provided ? on pain of penalties up to ¥300,000.

Proponents of the law, claiming it will “support the rehiring and better administration of foreign workers,” might well deter employers exploiting overstayers under the table. But in practice, the policy stretch has already begun.

For example, Regular Permanent Resident immigrants ? who have no visa restrictions placed on their employment and cannot possibly “overstay” ? must also be reported.

Another issue is that the law merely requires employers “check” the visa status of their foreign staff. There is no requirement for foreigners to physically hand over any personal documents. Yet several people have contacted me to say employers have demanded both their gaijin card (which for ID purposes works the same as a passport) and their passport for photocopying.

Furthermore, these “checks” are already not limited to your main employer or visa sponsor. I have received reports that any gaijin payment requires photocopied visa verification. In one case for a sum as low as ¥500! Yet my legal counsel confirmed with the MHLW that checking isn’t required for part-time work.

Conclusion: If hunting foreigners means tracking every yen they earn, this new and improved “gaijin card checkpoint” system goes far beyond the cop on the corner. It even voids the gaijin card. What’s the point of its existence if “verification” necessitates passports too?

The justifications for this new system are these: You’ve got to make sure foreigners aren’t working outside of their official Status of Residence. As we have reported (ZG June 28, 2005), even taking a quick part-time job can be a visa violation in certain cases.

Photocopies are apparently necessary because employers need proof on file if they get nobbled by the cops. (As if the police won’t ask the foreign staff for their original documents if a raid actually happens.)

Moreover, sometimes gaijin cards and passports differ in detail, like when the visa status changes in the passport, but the bearer neglects to report it to the Ward Office.

But if all these loopholes needed closing, they should have been encoded in the law. They weren’t, so demanding anything beyond a visual display of your gaijin card is policy overreach.

Now the floodgates are open: Unrelated places, such as banks, cell phone companies, sports clubs and video stores now illegally require gaijin cards for any service, even when other forms of ID ? such as driver’s license or health insurance booklet ? would suffice for Japanese.

What’s next, fingerprinting?

Japan needs more lawyers, or at least more lawyerly types. Anyone who reads the actual laws will in fact find natural checks and balances. For example, even if the cops issue their classic demand for your gaijin card on the street, under the Foreign Registry Law (Article 13), you are not required to display it unless the officer shows you his ID first. Ask for it. And write it down.

And believe it or not, under the Police Execution of Duties Law (Article 2), cops aren’t allowed to ask anyone for ID without probable cause for suspicion of a crime. Just being a foreigner doesn’t count. Point that out.

As for gaijin-carding at hotels, all you have to do is say you have an address in Japan and you are in the clear. Neither foreign residents nor Japanese have to show any ID. The hotels cannot refuse you service, as legally they cannot deny anyone lodging under the Hotel Management Law (Article 5), without threat to public morals, possibility of contagion, or full rooms.

And as for gaijin-carding by employers, under the new law (Article 28) you are under no obligation to say anything more than what your visa status is, and that it is valid. Say you’ll present visual proof in the form of the gaijin card, since nothing more is required.

If your main employer forces you to have your IDs photocopied, point out that the Personal Information Protection Law (“Kojin Joho Hokan Ho”) governs any situation when private information is demanded. Under Article 16, you must be told the purpose of gathering this information, and under Article 26 you may make requests to correct or delete data that are no longer necessary. That means that once your visa status has been reported to Hello Work, your company no longer needs it, and you should request your info be returned for your disposal.

Those are the laws, and they exist for a reason: to protect everyone ? including non-Japanese ? from stretches of the law and abuses of power by state or society.

Even if the Foreign Registry Law has long made foreigners legally targetable in the eyes of the police, the rest of Japanese society still has to treat foreigners ? be they laborer, customer, neighbor or complete stranger ? with appropriate respect and dignity.

Sure, policymakers are treating non-Japanese residents as criminals, terrorists, and filth columnists of disease and disorder ? through fingerprinting on arrival, gaijin-house ID checkpoints, anonymous “snitch sites” (ZG, March 30, 2004), DNA databases (ZG, Jan. 13, 2004), IC chips in gaijin cards (ZG, Nov. 22, 2005) and now dragnets through hotels and paychecks.

But there are still vestiges of civil liberties guaranteed by law here. Know about them, and have them enforced. Or else non-Japanese will never be acknowledged or respected as real residents of Japan, almost always governed by the same laws as everyone else.

http://search.japantimes.co.jp/cgi-bin/fl20071113zg.html

The takeover of Nova

The court-appointed trustees of Nova Corp. have given up trying to rehabilitate the nation’s largest language-school chain and have chosen a Nagoya-based company to take over part of Nova’s business. Although the trustees’ quick decision suggested that a business solution was at hand and the new company says it will “basically hire” all Nova teachers and workers who want a job with it, the problem of unpaid salaries for Nova’s 7,000 workers, including some 4,000 foreign teachers, remains. Moreover, there are no prospects of refunds for unused lesson tickets still held by Nova students.

For the time being, G.education Co., a wholly owned subsidiary of the G.communication group, will take over 30 of about 670 Nova branches. G.education, which runs cram and English schools, hopes to take over 200 branches between six months and a year from now. But this will be far from satisfactory for some 300,000 Nova students. In fact, the G.communication head says it will be difficult to reopen the remaining branches.

Nova students can receive lessons similar to Nova’s if they pay 25 percent of what they have already paid for lesson tickets; enrollment fees will be waived. Even so, the arrangement means a new financial burden for Nova students.

Nova students are especially worried about refunds for the money they have paid in advance for lessons. This up-front money amounts to ¥60 billion to ¥70 billion. These students constitute “the largest number of creditors” in postwar Japan. Since G.education is not prepared to make refunds, public administrative bodies should involve themselves to help solve the problem.

The failure of Nova points to the need for the education industry, including language-school chains, to take measures to stabilize their business and increase trustworthiness. An encouraging sign is a move by several major English language-school chains to welcome more than 8,000 Nova students by offering discount rates. They have decided to cooperate with each other in order to restore people’s trust in language-school chains and to minimize the effect of the Nova problem.

http://search.japantimes.co.jp/cgi-bin/ed20071113a2.html

Reemployment offers likely for half of Nova staff, teachers

Nagoya-based G. communication Group, which will take over business operations of the failed English-language school chain Nova Corp., announced Monday it had issued unofficial job offers to 1,760 foreign teachers and Japanese staff formerly employed by Nova.

G. communication plans to issue job offers to a further 694 people from Nova who have registered their desire to be reemployed, meaning about half of the about 4,900 workers employed by Nova when the firm filed for court protection under the Corporate Rehabilitation Law stand to gain reemployment.

G. communication’s subsidiary G. education Co., which operates cram schools and will take over Nova’s operations, will begin offering lessons at 30 Nova branches from Wednesday.

About 3,500 people attended briefings about reemployment held by Nova on Friday and Saturday. Of these, 1,548 foreign teachers and 212 Japanese employees were given unofficial job offers.

Some of the further 694 people who requested reemployment are seeking positions with G. communication affiliates.

Furthermore, as G. communication received inquiries from some foreign teachers and Japanese staff who did not attend the briefings held last week, the number of people to be reemployed with the firm and its affiliates is likely to increase.

G. communication plans to assign 10 to 15 foreign teachers to each Nova branch, and expects to reopen more than 100 Nova branches before the end of this year.

http://www.yomiuri.co.jp/dy/national/20071113TDY02307.htm

Beyond Nova

On Saturday, meetings were held across Japan for Nova Corp. instructors and staff, to provide information about the sponsor’s plans for the future.

Given the short notice (about two days), there was an impressive turnout at the meeting I went to, one of two held at Nova’s office in Shinjuku.

A large number of the around-400 attendees were in suits and ties in anticipation of interviews planned for after the session. However, G.communication decided not to go ahead with the interviews on the day, which suggests that the high head count had taken them by surprise.

First to speak was Noriaki Takahashi, one of the court-appointed trustees, who explained the decision to choose G.communication from about a dozen potential sponsors.

“We evaluated all the offers fairly,” he explained, “and we came to the conclusion that the offer from G.communication was the best that was put forward.”

Where other proposals had offered only limited re-employment, “all instructors and staff who want to be employed will be employed, following a short interview,” said Takahashi.

A “Request for Employment” form handed out at the meeting states that “Even if there is no Nova school in your desired area of employment and you end up standing by at home, your salaries will be fully paid,” and “your monthly income shall correspond to your final monthly income at Nova.” (Later, one instructor asked what would happen if more people applied than could be employed, but this question was put back, and eventually went unanswered.)

Another reason the trustees chose G.communication was to protect the students, Takahashi explained.

“There was not one company that was prepared to pay the cancellation refunds,” he said, referring to Nova’s multibillion-yen debt.

Other companies offered only to waive their entrance fee, or to allow free study for a limited time, so the trustees felt “the offer to honor 100 percent of the lesson points at 25 percent cost was the best.”

Next, he spoke about unpaid wages. “Salary payments from G.communication will start on the day of employment with G.communication,” he said.

The outstanding salary payments were Nova’s responsibility, but examining Nova’s finances, the trustees had found “there was not even enough money to run the company for one day.”

Apparently, Nova had a small fund set aside, which will be used to cover a small proportion of the outstanding wages. The rest will need to be claimed from the government after Nova is declared officially bankrupt, likely in around two weeks, though the large number of claimants means the process may well take up to six months. Those leaving Japan were asked simply to leave their contact details, as they wouldn’t be able to rely on assistance from the Japanese embassies in their home countries.

The stage was then taken by Masaki Inayoshi, owner of G.communication, who explained his reasons for stepping in as sponsor.

“I wanted to accept this challenge,” he said. “This was the main reason for making this decision.”

He expressed surprise at the scale of the operation he has taken on, and quipped about the size of the hidden room in former Nova boss Nozomu Sahashi’s Osaka suite, getting one of the few laughs of the afternoon.

So, are the dark clouds finally being cast aside? Perhaps not, especially for those leaving Japan, but the future is becoming at least a little clearer.

http://search.japantimes.co.jp/cgi-bin/fl20071113a1.html

Long-term prepaid tuition comes undone

The business failure of Nova Corp.–the nation’s largest English-language school chain–left about 300,000 students in the lurch. This raises the question of how customers can be better protected when a business goes belly-up.

G.education Co., a Nagoya-based cram school operator, will take over Nova businesses, which last month filed for court protection from creditors under the Corporate Rehabilitation Law.

Nova’s students are extremely unlikely to see any of the more than 40 billion yen that they put down for prepaid tuition. Nova had 670 schools nationwide. But G.education will take over up to 200 of Nova’s schools, and only 30 will be reopened this week.

Nova’s students have been hung out to dry. The risks of the prepaid tuition system that has become the norm in the industry have become all too evident. The government and related industries must set about creating a system in which customers can learn without worrying about whether their money will go down the drain.

Tuition fees are paid to a business operator in return for services received. When the operator cannot provide these services, prepaid tuition fees should be entirely refunded.

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Shifty calculations

In Nova’s case, the more lessons a student paid for in advance, the larger the discount they could receive. But when a student tried to cancel a contract, Nova settled the cancellation by using a higher unit price per lesson than when the contract was signed, thereby reducing the amount it had to repay. In April, the Supreme Court ruled Nova’s settlement method was illegal.

In June, the Economy, Trade and Industry Ministry ordered Nova to suspend for six months its soliciting and signing up of customers for new contracts of one year or longer due to its exaggerated advertisements, and for other reasons.

As the alarm bells began ringing louder and louder, as many as 100,000 students canceled their Nova contracts.

However, Nova was unable to meet the refund requests. The company had only about 1.8 billion yen in a reserve fund to cover an expected loss at the end of last business year.

The advance payment system is common practice not only at English language schools, but also at aesthetic salons and cram schools. Tuition fees paid for in advance are used for business operating costs, including salaries for lecturers and staff, rent for classrooms and office expenses.

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Preparing for the worst

A case like Nova was just waiting to happen, albeit perhaps on a smaller scale. To help prevent a repeat, related business industries should consider pooling a certain amount of money from students’ advance payments.

Some observers have proposed a fiduciary refund preparation scheme be established in cooperation with financial institutions, in which a certain amount of money from advance payments is managed separately from the operator.

An industry organization for foreign language schools has a self-regulatory rule to keep a contract for classes to less than one year. However, Nova set the term of its contracts for up to three years, as it did not belong to the organization. This was one major factor behind the sheer scale of losses suffered by students who paid in advance for their classes. This issue should be carefully examined.

Leaving this rule to the discretion of business operators and the industry will do little to dispel anxieties whipped up by Nova’s demise.

The Economy, Trade and Industry Ministry should actively be involved in formulating an industry guideline and other necessary measures.

From the viewpoint of protecting customers, measures allowing administrative punishment to be dished out if necessary also should be introduced.

http://www.yomiuri.co.jp/dy/editorial/20071111TDY04312.htm