Insights

Simplifying Company Registration: Essential Steps in Nepal

Written by Vijay Shrestha | Feb 3, 2026 9:41:06 AM

Choosing between a private vs public company in Nepal is one of the first strategic decisions foreign investors must make. It shapes your ownership model, compliance burden, capital strategy, and long-term exit options. Many foreign companies rush incorporation without fully understanding how Nepal’s company structures work under local law. That mistake can cost time, money, and regulatory goodwill later.

This guide breaks everything down clearly. You will learn how private and public companies differ, which structure suits foreign investors, and the exact steps to register compliantly in Nepal. The goal is clarity, not jargon.

Understanding the Corporate Landscape in Nepal

Nepal’s company framework is governed by the Companies Act, 2006, supported by foreign investment rules under FITTA 2019 and sectoral regulations. All companies are incorporated through the Office of the Company Registrar.

For foreign companies, Nepal typically allows ownership through:

  • Private limited companies
  • Public limited companies

Each serves a very different purpose.

What Is a Private Company in Nepal?

A private company in Nepal is the most common structure for foreign investors entering the market.

Key Characteristics of a Private Company

  • Minimum shareholders: 1
  • Maximum shareholders: 101
  • Shares are not publicly traded
  • Transfer of shares is restricted
  • No public invitation for capital

Private companies are ideal for controlled ownership and operational efficiency.

Why Foreign Investors Prefer Private Companies

Private companies offer flexibility. They allow foreign shareholders to maintain control while meeting local compliance requirements without excessive disclosure.

They are commonly used for:

  • Subsidiaries of foreign companies
  • FDI-backed operating entities
  • Technology and service companies
  • Outsourcing and back-office centers

What Is a Public Company in Nepal?

A public company in Nepal is designed for large-scale operations that require public capital.

Key Characteristics of a Public Company

  • Minimum shareholders: 7
  • No maximum shareholder limit
  • Shares can be offered to the public
  • Must meet higher capital thresholds
  • Subject to strict disclosure norms

Public companies are regulated more heavily and often overseen by the securities regulator when listed.

Private vs Public Company in Nepal: Core Differences

Structural and Strategic Comparison

Aspect Private Company Public Company
Ownership Closely held Widely held
Capital raising Private investment Public offering
Compliance burden Moderate High
Disclosure Limited Extensive
Foreign investor suitability Very high Selective
Setup timeline Faster Slower

Insight: Over 90 percent of foreign investors entering Nepal choose private companies due to control and speed.

Private vs Public Company in Nepal for Foreign Companies

When a Private Company Makes Sense

A private company is ideal if you want:

  • Full control over decision-making
  • Faster incorporation
  • Lower ongoing compliance costs
  • Flexible capital structuring

When a Public Company Makes Sense

A public company may be appropriate if:

  • You plan to raise capital from the Nepali public
  • You need large-scale local funding
  • You operate in infrastructure or regulated sectors

For most foreign companies, public companies are a second-stage structure, not an entry vehicle.

Legal Framework Governing Company Registration

Foreign investors should be aware of these governing instruments:

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

These laws collectively regulate incorporation, ownership, taxation, and profit repatriation.

Step-by-Step Company Registration Process in Nepal

Essential Steps for Foreign Companies

  1. Name reservation with the Company Registrar
  2. Approval for foreign investment from the Department of Industry
  3. Company incorporation filing
  4. Tax registration with Inland Revenue
  5. Bank account and capital injection
  6. Post-registration licenses, if applicable

Each step must align with approved shareholding and capital structures.

Capital Requirements: Private vs Public Company in Nepal

Private companies do not have a fixed minimum paid-up capital unless required by sectoral rules.

Public companies typically require:

  • Significantly higher authorized capital
  • Mandatory capital disclosures
  • Compliance with public offering rules

Foreign investors often underestimate how capital structure affects timelines.

Compliance and Governance Obligations

Ongoing Compliance for Private Companies

  • Annual returns filing
  • Financial statements submission
  • Tax filings
  • Board resolutions and record keeping

Additional Compliance for Public Companies

  • Public disclosures
  • Auditor rotation
  • Shareholder reporting
  • Regulatory inspections

This difference directly impacts cost and administrative effort.

Tax Considerations for Foreign-Owned Companies

Both private and public companies are taxed similarly at the corporate level.

Key points:

  • Corporate tax generally applies to net profits
  • Withholding tax applies to dividends
  • Repatriation requires regulatory approval

Structure choice affects compliance complexity, not tax rate.

Common Mistakes Foreign Investors Make

Many issues arise due to early structural errors.

Common mistakes include:

  • Choosing a public company unnecessarily
  • Overcomplicating shareholding structures
  • Ignoring exit and repatriation planning
  • Underestimating compliance obligations

Fixing these later can be costly and slow.

Strategic Insight: Think Beyond Incorporation

Foreign investors should treat company structure as a strategic decision, not an administrative one.

Ask yourself:

  • Will you need external capital in Nepal
  • Do you plan a future listing
  • Is Nepal a cost center or revenue hub

Your answers determine whether private or public status makes sense.

Private vs Public Company in Nepal: Final Verdict

For most foreign investors, a private company in Nepal offers the best balance of control, compliance, and speed. Public companies serve specific use cases but are rarely suitable at entry stage.

Choosing correctly from the start protects your investment and accelerates market entry.

Frequently Asked Questions

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

Yes. Most foreign investors prefer private companies due to lower compliance, faster setup, and greater control over ownership and operations.

Can a foreigner own 100 percent of a private company in Nepal?

Yes, subject to sector eligibility and foreign investment approval under FITTA 2019.

How long does company registration take in Nepal?

Private company registration typically takes a few weeks once approvals and documents are ready. Public companies take longer.

Can a private company later convert into a public company?

Yes. Nepalese law allows conversion, subject to regulatory approval and compliance requirements.

Do public companies in Nepal have higher tax rates?

No. Tax rates are generally the same, but public companies face higher compliance and disclosure costs.