Insights

Key Steps to Get Your Company Registered in Nepal

Written by Vijay Shrestha | Feb 3, 2026 9:55:25 AM

Choosing between a private vs public company in Nepal is one of the most important structural decisions foreign companies make when entering the Nepali market. It affects ownership control, compliance exposure, capital strategy, timelines, and long-term scalability.

Many international founders rush into incorporation without understanding these differences. The result is unnecessary regulatory friction, delayed approvals, and restructuring costs later.

This guide gives you the clearest, most practical explanation available today. It is written specifically for foreign companies and aligns with Nepal’s current legal and regulatory framework. By the end, you will know exactly which structure fits your business model and how to move forward with confidence.

Why Nepal Is on the Radar for Foreign Companies

Nepal is emerging as a strategic entry point for South Asia–focused operations. Foreign companies are drawn by:

  • Competitive operating costs
  • A young, skilled workforce
  • Preferential access to South Asian markets
  • Liberalization under modern foreign investment laws

However, Nepal’s corporate structures are rule-driven. Understanding private vs public company in Nepal upfront is essential to avoid compliance risk.

Legal Framework Governing Company Registration in Nepal

Before comparing structures, it helps to understand the legal backbone:

  • Companies Act, 2006
  • Foreign Investment and Technology Transfer Act (FITTA), 2019
  • Industrial Enterprises Act, 2020
  • Income Tax Act, 2002

These laws collectively regulate company formation, ownership, capital, governance, and reporting obligations.

What Is a Private Company in Nepal?

A private company in Nepal is the most common structure chosen by foreign investors. It is designed for closely held businesses with limited shareholders.

Key Characteristics of a Private Company

  • Minimum shareholders: 1
  • Maximum shareholders: 101
  • Restriction on share transfers
  • Cannot issue shares to the public
  • Often used for FDI, subsidiaries, and group entities

Private companies are simpler to manage and faster to incorporate.

Why Foreign Companies Prefer Private Companies

Foreign investors typically choose private companies because they allow:

  • Strong ownership control
  • Faster regulatory approvals
  • Lower compliance costs
  • Easier exit or restructuring

For most market-entry strategies, this structure is optimal.

What Is a Public Company in Nepal?

A public company in Nepal is designed for businesses that intend to raise capital from a wide investor base.

Key Characteristics of a Public Company

  • Minimum shareholders: 7
  • No maximum shareholder limit
  • Shares can be offered to the public
  • Mandatory higher governance standards
  • Often subject to securities regulations

This structure is more complex and heavily regulated.

When a Public Company Makes Sense

A public company is suitable if you plan to:

  • Raise capital through public offerings
  • List on a stock exchange in the future
  • Operate large-scale infrastructure or finance projects

For most foreign companies entering Nepal, this is not the first step.

Private vs Public Company in Nepal: Side-by-Side Comparison

Factor Private Company Public Company
Minimum shareholders 1 7
Maximum shareholders 101 Unlimited
Share transfer Restricted Freely transferable
Public fundraising Not allowed Allowed
Compliance burden Moderate High
Typical foreign use Subsidiary, FDI entity Large capital projects

This table highlights why private companies dominate foreign registrations.

Capital Requirements and Ownership Rules

Capital requirements vary based on industry and investment approvals.

Private Company Capital Structure

  • Capital determined by business plan
  • Must align with foreign investment approval
  • Flexible capitalization

Public Company Capital Structure

  • Higher minimum capital expectations
  • Mandatory disclosures
  • Investor protection rules apply

For foreign companies, private entities offer more flexibility.

Governance and Control Differences

Governance expectations differ significantly between structures.

Private Company Governance

  • Fewer directors required
  • Board decisions are faster
  • Shareholder agreements carry weight

Public Company Governance

  • Formal board committees
  • Statutory disclosures
  • Shareholder meeting obligations

If control matters, private companies are the safer choice.

Compliance and Reporting Obligations

Compliance is where many foreign companies underestimate the gap.

Private Company Compliance

  • Annual filings with the registrar
  • Tax returns and audits
  • Fewer disclosure requirements

Public Company Compliance

  • Enhanced reporting standards
  • Public disclosures
  • Increased regulatory scrutiny

Lower compliance exposure is a key reason foreign companies choose private entities.

Taxation Considerations for Foreign Companies

Both structures are taxed similarly, but compliance differs.

Key Tax Points

  • Corporate tax applies to profits
  • Withholding tax on dividends
  • Transfer pricing rules for foreign parents

Tax planning is easier under a private company structure.

Step-by-Step: How Foreign Companies Register in Nepal

Here is a simplified process most foreign investors follow:

  1. Name reservation with the registrar
  2. Foreign investment approval
  3. Company incorporation
  4. Capital injection
  5. Tax and statutory registrations

Private companies typically complete this faster.

Common Mistakes Foreign Companies Make

Avoid these frequent errors:

  • Choosing a public company without capital plans
  • Underestimating compliance costs
  • Ignoring shareholder structuring rules
  • Misaligning capital with approvals

Most of these stem from misunderstanding private vs public company in Nepal.

Choosing the Right Structure: A Practical Decision Framework

Ask yourself:

  • Do you need external investors now?
  • Is control critical in the first five years?
  • Will you list or fundraise publicly?

If the answer to the last question is no, a private company is usually the right choice.

Strategic Insight: Why Structure Matters Long Term

Your initial structure impacts:

  • Exit options
  • Repatriation planning
  • Group restructuring
  • Regulatory exposure

Choosing correctly at incorporation saves years of friction later.

Frequently Asked Questions: Private vs Public Company in Nepal

Is a private company better for foreign investors in Nepal?

Yes. Most foreign companies choose private entities due to control, faster setup, and lower compliance.

Can a private company convert into a public company later?

Yes. Conversion is permitted but requires regulatory approvals and compliance upgrades.

Are foreign shareholders allowed in public companies?

Yes. Foreign ownership is allowed, subject to sector-specific rules.

Which structure is cheaper to maintain?

Private companies are significantly cheaper due to fewer reporting obligations.

Do public companies attract more regulatory scrutiny?

Yes. Public companies face higher disclosure and governance requirements.

Conclusion: Making the Right Call on Private vs Public Company in Nepal

Understanding private vs public company in Nepal is not just a legal exercise. It is a strategic decision that shapes your entire market entry journey.

For most foreign companies, a private company delivers speed, control, and regulatory clarity. Public companies make sense only when capital markets are central to your strategy.

If you want a smooth entry into Nepal, structure first. Everything else becomes easier.