Insights

Unlocking Investment Opportunities in Nepal for Foreign Investors

Written by Vijay Shrestha | Feb 16, 2026 4:16:33 AM

When evaluating Private vs public company in Nepal, foreign investors must look beyond structure. The decision shapes ownership, compliance exposure, capital access, taxation, and exit strategy.

Nepal is positioning itself as a regional investment destination. Strategic reforms, infrastructure expansion, and liberalized FDI sectors are driving momentum. According to the Government of Nepal’s recent economic surveys, FDI commitments have steadily increased across energy, tourism, IT, and manufacturing sectors.

But here is the critical question:

Should you register a private limited company or a public limited company in Nepal?

This guide provides a structured, legislation-backed, investor-focused analysis under:

  • The Companies Act 2063 (2006)
  • The Foreign Investment and Technology Transfer Act 2019 (FITTA)
  • The Income Tax Act 2002
  • Guidelines of the Office of Company Registrar (OCR)
  • Approvals from the Department of Industry (DOI)

If you are planning to enter Nepal in 2026 and beyond, this is the clarity you need.

Understanding Company Structures Under Nepalese Law

Nepal recognizes two primary corporate structures for equity-based business operations:

  1. Private Limited Company
  2. Public Limited Company

Both are governed under the Companies Act 2063, but they differ significantly in governance, shareholding, capital requirements, and disclosure obligations.

Let’s break them down.

What Is a Private Limited Company in Nepal?

A private limited company is the most common business vehicle for foreign investors.

Key Characteristics

  • Minimum 1 shareholder, maximum 101 shareholders
  • Shares cannot be offered to the public
  • Limited liability protection
  • Fewer disclosure requirements
  • Lower regulatory burden
  • Suitable for SMEs and wholly foreign-owned subsidiaries

Foreign investors can hold up to 100% ownership in most sectors permitted under FITTA 2019, subject to minimum investment thresholds.

Why Foreign Investors Prefer It

Private companies offer:

  • Faster incorporation
  • Lower compliance cost
  • Simplified board governance
  • Confidential shareholding structure
  • Greater operational flexibility

For market entry, pilot projects, tech companies, consulting firms, outsourcing centers, and manufacturing units, the private structure is typically the preferred route.

What Is a Public Limited Company in Nepal?

A public limited company is designed for large-scale enterprises seeking capital from the public.

Key Characteristics

  • Minimum 7 shareholders
  • No maximum shareholder limit
  • Can issue shares to the public
  • Mandatory prospectus for public offering
  • Higher capital threshold
  • Stricter compliance and audit standards

Public companies may be listed on the Nepal Stock Exchange (NEPSE), subject to securities regulations.

This structure is generally suitable for:

  • Hydropower projects
  • Infrastructure ventures
  • Large manufacturing enterprises
  • Banks and financial institutions

Private vs Public Company in Nepal: Detailed Comparison

Below is a structured comparison foreign investors rely on during decision-making.

Criteria Private Limited Company Public Limited Company
Governing Law Companies Act 2063 Companies Act 2063
Minimum Shareholders 1 7
Maximum Shareholders 101 Unlimited
Public Share Offering Not Allowed Allowed
Capital Requirement Lower Higher
Regulatory Oversight Moderate High
Disclosure Requirement Limited Extensive
Ideal For SMEs, foreign subsidiaries Large capital-intensive ventures
Conversion Possibility Can convert to public Cannot revert easily

Investor Insight

For most foreign investors entering Nepal for the first time, a private limited company provides optimal risk control and flexibility.

Public structures make sense only when raising domestic capital or scaling into national infrastructure markets.

Legal Framework Governing Foreign Investment

Foreign investors must align company structure with Nepal’s FDI framework.

1. Foreign Investment and Technology Transfer Act 2019

This Act governs:

  • Approval thresholds
  • Sectoral restrictions
  • Repatriation of profits
  • Technology transfer agreements

Minimum FDI threshold currently stands at NPR 20 million for most sectors. Always verify current thresholds with the Department of Industry (DOI) before filing.

2. Companies Act 2063

Defines:

  • Incorporation process
  • Board governance
  • Share transfer rules
  • Reporting obligations
  • Company conversion mechanisms

3. Income Tax Act 2002

Corporate tax rate generally stands at 25%, though sector-specific incentives apply (hydropower, SEZ, etc.).

When Should a Foreign Investor Choose a Private Company?

Choose a private company if you:

  1. Want 100% ownership control.
  2. Are entering Nepal for market testing.
  3. Plan moderate capital deployment.
  4. Do not require public fundraising.
  5. Prefer limited public disclosure.

Typical Use Cases

  • IT outsourcing center
  • Consulting and advisory firm
  • Manufacturing subsidiary
  • Export-oriented garment unit
  • Back-office operations

Private companies reduce exposure while preserving scalability.

When Is a Public Company the Right Structure?

A public limited company becomes strategic if:

  • Capital requirement exceeds internal equity
  • Domestic public participation is required
  • Listing on NEPSE is planned
  • Infrastructure funding model demands equity diversification

Common Sectors

  • Hydropower development
  • Large real estate projects
  • Financial institutions
  • National logistics infrastructure

Public companies improve credibility in large institutional financing scenarios.

Compliance and Governance Comparison

Compliance intensity is a major differentiator.

Private Company Compliance

  • Annual general meeting
  • Annual audit
  • Annual return filing with OCR
  • Tax return filing with Inland Revenue Department

Public Company Compliance

  • All private company obligations
  • Prospectus compliance
  • Securities Board approvals
  • Independent directors
  • Stricter financial disclosures
  • Potential quarterly reporting

Higher compliance equals higher transparency but also higher cost.

Capital Raising and Funding Strategy

Funding strategy often determines structure choice.

Private Company Funding Sources

  • Shareholder equity
  • Foreign parent capital
  • Bank loans
  • Private equity

Public Company Funding Sources

  • IPO
  • Rights shares
  • Debentures
  • Public subscription

If public capital markets are part of your 5-year strategy, early structural planning is critical.

Taxation Implications

Corporate income tax generally applies equally. However:

  • Public companies may face higher compliance audit scrutiny.
  • Dividend distribution tax applies.
  • Sector incentives differ under SEZ and hydropower regulations.

Always structure holding models carefully to optimize repatriation and double taxation considerations.

Conversion: Can a Private Company Become Public?

Yes.

Under the Companies Act 2063, a private limited company may convert to a public limited company by:

  • Passing a special resolution
  • Amending articles
  • Increasing capital
  • Meeting minimum shareholder requirement
  • Obtaining regulatory approvals

Many foreign investors start private and convert once expansion stabilizes.

This staged strategy reduces early risk.

Risks Foreign Investors Should Evaluate

Before deciding between Private vs public company in Nepal, assess:

  • Sectoral FDI restriction
  • Capital intensity
  • Exit timeline
  • Repatriation structure
  • Governance complexity
  • Compliance budget
  • Public scrutiny tolerance

A misaligned structure can increase long-term compliance burden.

Strategic Recommendation Framework

Here is a simplified investor decision logic:

Step 1: Define Capital Plan

Is public fundraising required?
If no → Private likely suitable.

Step 2: Assess Governance Appetite

Can you manage public reporting obligations?
If no → Private structure.

Step 3: Evaluate Long-Term Scaling

Will listing be part of exit strategy?
If yes → Consider early public structuring.

Nepal’s Investment Climate in 2026

Nepal’s economic outlook shows:

  • Expanding hydropower export potential
  • Infrastructure upgrades
  • Growing IT outsourcing sector
  • SEZ manufacturing incentives
  • Improving regulatory digitization

The government continues simplifying company registration via OCR digital platforms.

For foreign companies seeking South Asian market diversification, Nepal offers cost advantages and strategic location between India and China.

Frequently Asked Questions

1. Can a foreigner own 100% of a private company in Nepal?

Yes, in most permitted sectors under FITTA 2019. Certain industries remain restricted. Approval from DOI is required.

2. What is the minimum capital requirement?

The general FDI threshold is NPR 20 million, but sector-specific rules may apply.

3. Is a public company mandatory for hydropower projects?

Not always initially, but many hydropower developers convert to public companies for fundraising.

4. Which structure has lower compliance costs?

Private limited companies have significantly lower reporting and governance costs.

5. Can a private company later issue shares to the public?

Yes, after converting into a public limited company under Companies Act procedures.

Conclusion

Choosing between Private vs public company in Nepal is not merely administrative. It is strategic.

For most foreign investors entering Nepal, a private limited company offers flexibility, control, and reduced compliance burden.

Public limited companies serve capital-intensive, infrastructure-driven, or IPO-focused ventures.

The right decision aligns legal structure with capital plan, governance capacity, and long-term scaling strategy.

If you are planning foreign investment in Nepal and want a structured, regulation-aligned setup roadmap, connect with our advisory team today.

We help foreign investors design compliant, scalable entry strategies from day one.