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Navigating Nepal's Company Registration Process: What You Need to Know

Written by Vijay Shrestha | Feb 27, 2026 9:30:00 AM

If you’re a foreign company entering Nepal, your first major decision is often private vs public company structure. On paper, it looks technical. In reality, it determines your capital structure, compliance obligations, governance model, and even how regulators and banks perceive you.

I’ve worked with Australian, Chinese, and Indian investors expanding into Nepal. The biggest delays rarely happen at the filing stage. They happen because founders choose the wrong structure at the start.

This guide is written specifically for foreign companies. In this post, we’ll explain what private vs public company means in Nepal, break down the company registration process step-by-step, clarify FDI approval requirements, and share practical insights to help you avoid costly mistakes. By the end, you’ll know exactly how to move forward with confidence.

What Is Private vs Public Company, and Why Does It Matter?

Before registering in Nepal, you must understand the difference.

Private Company in Nepal

A private company:

  • Limits the number of shareholders (maximum 101).
  • Restricts share transfers.
  • Cannot invite the public to subscribe to shares.
  • Is commonly used by foreign investors.

Most foreign-owned companies in Nepal choose a private limited structure under the Companies Act, 2063 (2006).

Public Company in Nepal

A public company:

  • Can offer shares to the public.
  • Requires a minimum of 7 shareholders.
  • Has stricter compliance and reporting obligations.
  • Is required for certain regulated industries or large capital projects.

Why This Decision Matters for Foreign Investors

Choosing between private vs public company affects:

  • FDI approval process
  • Minimum capital structuring
  • Board composition
  • Reporting requirements
  • Audit obligations
  • Future fundraising strategy

For most foreign companies entering Nepal for subsidiaries, tech operations, service delivery, manufacturing, or back-office support, a private limited company is the practical choice.

Public companies are typically used for:

  • Large infrastructure
  • Banking and financial institutions
  • Public share issuance plans

Understanding this early prevents restructuring later.

How to Navigate Nepal’s Company Registration Process

Below is a clear, step-by-step roadmap designed specifically for foreign investors.

Step 1: Decide on the Right Structure (Private vs Public Company)

Start by asking:

  1. Will you raise capital from the public?
  2. How many shareholders will you have?
  3. What is your long-term exit strategy?
  4. Are you entering a regulated sector?

Example:
An Australian mortgage processing company setting up a Nepal back-office will almost always choose a private limited company.

A hydropower developer planning IPO listing may need a public company.

Step 2: Obtain Foreign Direct Investment (FDI) Approval

Foreign investors must secure FDI approval before company registration.

Approval authority depends on investment size:

  • Department of Industry (DOI)
  • Investment Board Nepal (for large projects)

You will need:

  • Parent company documents
  • Board resolution approving investment
  • Financial statements
  • Investment plan
  • Passport copies of shareholders

This is where many delays occur. Documentation must align with Nepal’s regulatory requirements.

Step 3: Reserve Company Name

After FDI approval:

  • Apply for name reservation through the Office of the Company Registrar (OCR).
  • Ensure compliance with naming rules.

Tip: Avoid generic names. Nepal rejects similar names frequently.

Step 4: Draft Constitutional Documents

You must prepare:

  • Memorandum of Association (MOA)
  • Articles of Association (AOA)

These must reflect:

  • Shareholding structure
  • Capital
  • Business objectives
  • Governance framework

For foreign companies, precision here is critical. Business objectives must align with FDI approval scope.

Step 5: Register with Office of Company Registrar (OCR)

Submit:

  • FDI approval letter
  • MOA and AOA
  • Shareholder details
  • Director details
  • Registered office address

Once approved, you receive:

  • Certificate of Incorporation

Your company is now legally formed.

Step 6: Post-Registration Compliance

After incorporation:

  • Obtain PAN (tax registration)
  • Register for VAT (if applicable)
  • Open a bank account
  • Inject foreign capital through banking channels
  • Register with Social Security Fund (if hiring employees)
  • Obtain sector-specific licenses (if required)

Many foreign investors underestimate this stage. Incorporation is only the beginning.

Practical Example: Foreign Tech Company Setup

Let’s say a UK SaaS company wants to build a development center in Kathmandu.

They:

  1. Choose private limited structure.
  2. Apply for FDI approval.
  3. Inject capital via approved banking channel.
  4. Register company.
  5. Hire local engineers.
  6. Register with tax and SSF authorities.

Total timeline: 4–8 weeks (if documentation is clean).

Delays typically happen due to:

  • Incomplete parent company documents
  • Misaligned investment objectives
  • Incorrect capital structure planning

Tips and Reminders for Private vs Public Company Registration

  1. Choose private unless you have a strong reason for public.
  2. Align business objectives with FDI approval wording.
  3. Structure shareholding carefully from the beginning.
  4. Plan future capital increases in advance.
  5. Work with advisors who understand cross-border compliance.

Nepal’s system is structured, but procedural. Precision reduces friction.

Common Challenges Foreign Companies Face

  • Misunderstanding minimum capital requirements
  • Underestimating compliance reporting
  • Confusion about repatriation of profits
  • Delays in FDI approval due to documentation gaps
  • Sector restrictions under foreign investment laws

Planning reduces risk significantly.

Final Verdict: Private V.s Public Company

Navigating Nepal’s company registration process becomes straightforward once you understand private vs public company differences and the FDI approval framework. The right structure saves time, reduces compliance burden, and strengthens long-term operational stability.

For most foreign investors, a private limited company provides flexibility, control, and faster setup. Public companies serve strategic capital-raising goals but come with heavier governance requirements.

The key is making the right decision from day one.

Frequently Asked Questions (FAQ)

1. What is the difference between a private vs public company in Nepal?

A private company limits shareholders and cannot offer shares publicly. A public company can issue shares to the public and has stricter compliance requirements.

2. Can a foreign investor open a private company in Nepal?

Yes. Foreign investors can establish a private limited company after obtaining FDI approval from relevant authorities.

3. How long does company registration take in Nepal?

Typically 4–8 weeks, depending on FDI approval timeline and documentation accuracy.

4. Is minimum capital required for foreign investment?

Yes. Minimum investment thresholds apply under foreign investment regulations and vary by sector.

5. Can profits be repatriated from Nepal?

Yes, subject to regulatory approvals and compliance with tax and banking regulations.

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