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Navigating the Documentation Process for Registering a Private Company in Nepal

Written by Vijay Shrestha | Feb 10, 2026 6:34:46 AM

If you are comparing a private vs public company in Nepal, documentation is where most foreign investors slow down. Nepal’s company law is clear, but it is document-heavy and process-driven.

For most foreign companies entering Nepal, a private limited company is the preferred structure. It is faster to register, easier to control, and better aligned with foreign direct investment rules.

This guide breaks down the documentation process for registering a private company in Nepal, while clearly contrasting it with public companies. You will understand what documents are required, why regulators ask for them, and how to avoid common mistakes that delay approvals.

Understanding Private vs Public Company in Nepal

Before preparing documents, you must choose the right company type. The choice affects capital, governance, compliance, and timelines.

What Is a Private Company in Nepal?

Under the Companies Act 2006, a private company in Nepal:

  • Limits shareholders to a maximum of 101.
  • Restricts public share transfers.
  • Cannot invite the public to subscribe for shares.
  • Operates with simpler governance rules.

Most foreign investors choose this structure for subsidiaries, back-office centers, IT services, consulting, and holding companies.

What Is a Public Company in Nepal?

A public company in Nepal:

  • Requires a minimum of seven shareholders.
  • Must meet higher paid-up capital thresholds.
  • Can issue shares to the public.
  • Faces stricter disclosure and reporting rules.

Public companies are usually formed for banks, hydropower, insurance, and large infrastructure projects.

Why Documentation Matters More Than Capital

In Nepal, registration is not only about money. It is about proof. Regulators want to verify ownership, intent, and compliance.

Foreign investors often underestimate this step. Missing or inconsistent documents can delay registration by weeks or months.

Core Laws Governing Company Registration in Nepal

Foreign companies must align documentation with the following frameworks:

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

Company registration is administered by the Office of the Company Registrar.

Step-by-Step Documentation Process for a Private Company in Nepal

Step 1: Company Name Reservation Documents

You must reserve a unique company name before registration.

Required documents:

  • Proposed company name in English and Nepali.
  • Description of business objectives.
  • Passport copies of foreign promoters.

Name approval usually takes one to three working days if compliant.

Step 2: Constitutional Documents for a Private Company

These define how the company operates.

Memorandum of Association (MOA)

The MOA includes:

  • Company objectives.
  • Authorized capital.
  • Shareholding structure.
  • Liability clause.

Foreign investors must ensure objectives align with approved investment sectors.

Articles of Association (AOA)

The AOA governs:

  • Board composition.
  • Voting rights.
  • Share transfers.
  • Dividend policy.

Well-drafted AOA protects foreign shareholder control.

Step 3: Shareholder and Director Documentation

Each shareholder and director must submit:

  • Notarized passport copy.
  • Passport-size photographs.
  • Permanent address details.
  • Specimen signatures.

For corporate shareholders, additional documents are required.

Step 4: Foreign Parent Company Documents

If the shareholder is a foreign company, prepare:

  • Certificate of incorporation.
  • Board resolution approving Nepal investment.
  • Shareholding structure of the parent company.
  • Power of attorney for local representatives.

All documents must be notarized and, in some cases, apostilled.

Step 5: Foreign Investment Approval Documents

If foreign capital is involved, approval under FITTA is mandatory.

Documents include:

  • Investment application form.
  • Business plan.
  • Source of funds declaration.
  • Joint venture agreement, if applicable.

This step often runs parallel to company registration.

Step 6: Capital Structure and Investment Documents

Authorities require clarity on capital.

Documents include:

  • Authorized and issued capital details.
  • Share subscription agreement.
  • Capital injection schedule.

Capital must be remitted through formal banking channels after registration.

Step 7: Statutory Declarations and Forms

You must file:

  • Declaration of compliance.
  • Director consent forms.
  • Registered office address declaration.

Accuracy matters. Errors here are a common cause of rejection.

Documentation Checklist for Private Company Registration

Here is a simplified checklist foreign companies can follow.

  1. Name reservation application.
  2. MOA and AOA.
  3. Shareholder and director KYC documents.
  4. Foreign parent company documents.
  5. FITTA investment approval documents.
  6. Capital structure papers.
  7. Statutory declarations.

Private vs Public Company in Nepal: Documentation Comparison

Area Private Company Public Company
Minimum shareholders 1 7
Public share issue Not allowed Allowed
Capital disclosure Basic Extensive
Prospectus Not required Mandatory
Compliance filings Moderate High
Ideal for foreign investors Yes Limited cases

This comparison highlights why most foreign investors prefer private companies.

Common Documentation Mistakes Foreign Investors Make

Foreign companies often face delays due to avoidable issues.

  • Objectives not aligned with approved sectors.
  • Mismatch between MOA and business plan.
  • Improper notarization of foreign documents.
  • Incomplete parent company resolutions.

Fixing these early saves weeks.

Private Company vs Public Company: Strategic Choice for Foreign Companies

For most market entry strategies, a private company offers:

  • Faster setup.
  • Stronger ownership control.
  • Lower compliance costs.
  • Easier exit options.

Public companies make sense only for capital-intensive or regulated sectors.

Compliance After Registration: Documents Still Matter

Registration is not the end.

Post-registration documents include:

  • PAN and VAT registration certificates.
  • Bank account opening documents.
  • Foreign capital inflow reporting.
  • Annual compliance filings.

Ongoing documentation discipline is critical.

Why Foreign Companies Choose Private Companies in Nepal

Foreign investors choose private companies because they align with Nepal’s regulatory reality.

  • Regulators prefer clear ownership.
  • Banking processes are simpler.
  • Governance remains flexible.

This structure supports scalable growth.

Conclusion: Choosing Private vs Public Company in Nepal

When evaluating private vs public company in Nepal, documentation should drive your decision.

A private company requires fewer documents, moves faster through approvals, and gives foreign investors better control. Public companies demand heavier disclosure and are suitable only for specific sectors.

If your goal is efficient market entry, the private company structure is usually the smartest choice.

Frequently Asked Questions

Is a private company better than a public company in Nepal for foreign investors?

Yes. A private company is simpler to register, easier to manage, and better suited for foreign ownership.

How long does private company registration take in Nepal?

With complete documents, registration usually takes one to two weeks.

Can a foreigner be a director of a Nepali private company?

Yes. Foreign nationals can be directors, subject to proper documentation.

Is minimum capital required for private companies in Nepal?

There is no fixed minimum, but sector-specific rules may apply.

Can a private company convert into a public company later?

Yes. Conversion is allowed with regulatory approvals and additional documentation.