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Business Incorporation

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  • 2024-09-17 05:50:15
  • Admin

Business incorporation is the process through which a business entity is established and recognized as a separate legal entity distinct from its owners. In Nepal, this process is carried out through company registration. Legal Concern is a leading law firm specializing in company registration, having successfully incorporated hundreds of companies across Nepal. Our registration lawyers are highly rated for their professional, client-focused approach and reasonable services throughout the registration process.

Company/Business Incorporation Laws in Nepal

The Companies Act 2063 B.S. governs business incorporation in Nepal. This Act was enacted to consolidate company laws, simplify the incorporation and operation of companies, and encourage investment in various sectors of the Nepalese economy. Section 3 of the Act outlines the provisions for incorporating a company in Nepal.

Types of Company Incorporation

Under the Companies Act, companies in Nepal can be categorized into three main types: Private Companies, Public Companies, and Non-Profit Distributing Companies.

  • Private Companies: These companies cannot raise funds from the public but can have up to 101 shareholders.
  • Public Companies: These have the ability to raise funds from the public by issuing shares, debentures, and bonds, with no limit on the number of shareholders.
  • Non-Profit Distributing Companies: These are typically set up for specific purposes such as promoting a profession, protecting the rights of professionals, or achieving social welfare goals.

Process of Business Incorporation

Our extensive experience in incorporating companies is detailed in our dedicated publication on Company Registration in Nepal. For more information, visit: Company Registration in Nepal. Here’s a summary of the incorporation procedure:

  1. Reserving Company Name
  2. Submitting the Application with Required Documents
  3. Authenticating the Company
  4. Issuance of Company Registration Certificate
  5. Registration for Taxation at the Inland Revenue Office

The registration fee generally starts from NPR 1,000 and can go up to NPR 43,000 for authorized capital of NPR 10 Crores.

Our Services

Legal Concern offers unmatched company registration services in Nepal, encompassing the preparation of applications, filing, and drafting all necessary documents.

Preparation of Application

As mandated by the Companies Act, an application must be submitted to the Office of the Company Registrar for company incorporation. Our firm expertly prepares and pairs the application with the required documents.

Drafting Memorandum and Articles of Association

The Memorandum of Association and Articles of Association define a company's charter. Legal Concern provides professional drafting of these documents, ensuring consistency and compliance with legal standards.

Drafting Required Agreements

The Companies Act requires a copy of any agreement between promoters or a consensus agreement to be submitted with the incorporation application. Our firm has extensive experience drafting various agreements and is well-equipped to handle all necessary documentation.

Applying for Company Registration

Once the documents are compiled, they need to be submitted to the Office of the Company Registrar. Legal Concern manages the drafting, preparation, and submission of these documents, ensuring a smooth registration process for our clients.

Conducting Company Regulatory Compliance

Ensuring compliance with industry standards and national regulations is crucial. Our firm examines the company structure and checks for potential errors to avoid legal liabilities during the incorporation process.

Converting Company Types

The Companies Act allows for the conversion of a Private Company to a Public Company, and vice versa, following a general meeting and special resolution. Legal Concern is highly qualified to act as the official legal advisor during such transitions, providing professional legal services as required.