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Summary of the Directives to Regulate Social Media in Nepal | Directives to Regulate Social Media in Nepal | Exclusive Blog Post 2 Mins Read
December 6, 2023
On November 27, 2023, the Ministry of Communication and Information Technology of Government of Nepal has enacted and published the “Directives relating to the Regulation for the Usage of Social Media, 2023” or the “Directives to Regulate Social Media in Nepal” with the intention to regulate the social media companies and its users and to promote the self-regulation of the platform operators and users of the social media.
The directives have been enacted by the Government in the aftermath of the ban imposed on TikTok. The study of the Directives helps to identify the intention of the Government of Nepal to impose a ban on TikTok and its frustration with the lack of existing legal and regulatory mechanisms to regulate social media platform and its users. This really helps to understand the ban imposed by the Government of Nepal on the usage of TikTok.
The highlight of the new directive includes immediately listing of the social media platforms with the Ministry of Communication and Information Technology (“Ministry”); establishment of Point of Contact (“POC”) by setting up an office and appointing a contact person in Nepal, for all the social media, restricted activities for the social media users; classification of social media platforms; grievance handling; responsibilities of social media operators and POC; formation of a “Social Media Management Unit”, among others.
The directive has stipulated a 3-months deadline for the existing social media platforms for the registration with the Ministry. Furthermore, the Ministry shall publish a notice outlining other requirements for the listing of new social media platforms. For the listing, the social media company must file an application through an authorized representative by submitting the following documents:
Classification of Social Media Platforms
Small Social Media Platform: Having less than 100,000 users.
Large Social Media Platform: Having more than 100,000 users.
Grievance Handling
Social media platforms must have a resident grievance handling officer and an officer for the monitoring of self-regulation at the Point of Contact. The operators of social media must have a permanent establishment in Nepal.
Key Responsibilities of Social Media Operators
Restrictions for the Social Media Users
The Directives have imposed various restrictions on the users of social media platforms. The users of social media platforms are restricted and legally prohibited to perform the following activities:
Non-compliance of the Directives to Regulate Social Media in Nepal
The GoN might prohibit the usage of social media platform for the non-compliance or violations of the provisions of the Directives.
To gain more information on the legal provisions relating to the regulation of social media and digital contents in Nepal, please Contact us by email at info@lawchintan.com.
Contact Us – Chintan Law Associates (lawchintan.com)
Updated: April 24, 2024
Court marriage or marriage registration or civil marriage (sometimes informally also referred as ‘Paper Marriage’ or ‘contract marriage’) is a legal process of marriage registration in Nepal. In this process, the marrying couple appears before a competent court having jurisdiction and signs on the marriage register (book) maintained by the court, in front of a judge.
With the implementation of the ‘Muluki National Civil Code’ in 2017, new legal provisions regarding marriage have been enacted & enforced. After the implementation of this code, marriages are registered in a district court in Nepal. There are currently 77 district courts, and applicants may register marriage in any of the courts, depending on their residence or convenience.
Section 70 of the Muluki Civil Code lists the following criterias for a man and a woman to get married.
However, the law has created a reservation for the caste (tribe) where it is culturally acceptable to marry one’s relatives.
Court Marriage in Nepal is executed as per the legal provision mentioned in Section 77 of the Muluki Civil Code. For the purpose of this article, ‘man’ and ‘woman’ are collectively referred as ‘Applicants’.
The process for the Court Marriage or Marriage Registration is very simple and straightforward. An application can be filed in the District Court of the respective district where the Applicants reside. The law requires Man or Woman or both Applicants to have stayed at least 15 days in the respective district where the application is being filed. In case if Applicants are outside Nepal , they can apply in the respective Nepali Embassy or Consulate. If Applicants are outside Nepal, they must demonstrate that they have stayed at least 15 days in the Country where the application is being filed.
[However, due to lack of the procedural directives, the Nepali Embassies in foreign countries have still not initiated the marriage registration process.]
Information Required for Court Marriage in Nepal:
Documents Required from Nepali Citizens for Court Marriage in Nepal:
For foreign citizen(s) willing to perform a Court Marriage in Nepal, the following documents are needed:
Registration Process:
Applicants and all witnesses must appear at the District Court (in case if applicants are in Nepal); or the Embassy or Consulate of Nepal (in case if applicants are abroad), and register the application along with the required documents. After that applicants must appear before the judge or consulate general and sign in the log book (marriage register). At the end of the process, Applicants shall receive one ‘Certificate of Marriage Registration’. The whole process can take from 1 to 2 days depending on the district court.
Advantages of Court Marriage in Nepal:
Why Choose Chintan Law Associates?
We are the leading if not the No. 1 law firms representing hundreds of domestic and foreign clients for marriage registration. We have been practicing court marriage from the beginning and have very experienced attorneys who personally handle our clients. Our clients are pre-informed about the process, which reduces last moment surprises, and increases our success rate to a 99.9%. As we enjoy being on top of the game, we ensure highest quality of professionalism, maintain full confidentiality of or about our clients and offer affordable service fees.
To gain more details on Court Marriage in Nepal or Marriage Registration in Nepal – Get in touch with us by e-mail at info@lawchintan.com or call us at +977 1 5364011 or +977 9851133809.
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Watch these YouTube videos posted on Court Marriage in Nepal:
https://www.youtube.com/watch?v=Xv85MCAU_UM
Court Marriage in Nepal: What’s New in 2022?? Let’s Talk!! – YouTube
सर्वोच्च अदालत नेपाल (supremecourt.gov.np)
Learn about divorce process instead? Divorce in Nepal – Exclusive 3 Mins Read – Chintan Law Associates (lawchintan.com)
Private Limited
Public Limited
Foreign Branch Company
Liaison Office
Profit not Distributing Company
Single Ownership
Joint Venture
Subsidiary company
– Application for registration
– Proposed Memorandum of Association
– Proposed Articles of Association
– Citizenship of promoters (for Nepalese citizens)
– Incorporation documents of holding company (only for subsidiary company)
– Power of Attorney
“For Foreign Individual/Company”
Application for registration
Proposed Memorandum of Association
Proposed Articles of Association
Passport of promoters/representatives
Board decision of foreign holding company (for subsidiary company registration)
Recommendation from government authority in Nepal
Incorporation documents of holding company (for subsidiary company registration)
Power of Attorney
Company registration government revenue depends upon the authorized capital of the proposed company. Below are the government revenue rates for company registration in Nepal. The latest foreign exchange rates can be viewed at (www.nrb.org.np).
Up to NPR 100,000 = NPR 1,000
Above 100,000 up to NPR 500,000 = NPR 4,500
Above NPR 500,000 up to NPR 2,500,000 = NPR 9,500
Above NPR 2,500,000 up to NPR 10,000,000 = NPR 16,000
For Authorized Capital above NPR 10,000,000 = NPR 3,000 is added to each Ten Million.
Contact Us – Chintan Law Associates (lawchintan.com)
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FDI Rules in Nepal – Executive Summary of Foreign Investment and Technology Transfer Regulation – Exclusive 7 Mins Read
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Foreign Investment and Technology Transfer Regulations or FDI Rules was effectively enforced in 2021 by the Government of Nepal while exercising the rights granted by Section 51 of the Foreign Investment and Technology Transfer Act, 2019 (2075). This article provides an Executive Summary of the FDI Rules by highlighting the major provisions.
Industries Restricted for Foreign Investment | |
S.N. | Types of Industry |
1 |
Poultry farming, fisheries, bee-keeping, fruits, vegetables, oil seeds, pulse seeds, milk industry and other sectors of primary agro-production |
2 |
Cottage and small industries |
3 |
Personal service business (hair cutting, tailoring, driving etc.) |
4 | Industries manufacturing arms, ammunition, bullets and shell, gunpowder or explosives, and nuclear, biological and chemical (N.B.C.) weapons; industries producing atomic energy and radio-active materials |
5 |
Real estate business (excluding construction industries), retail business, internal courier service, local catering service, moneychanger, remittance service |
6 |
Travel agency, guide involved in tourism, trekking and mountaineering guide, rural tourism including home stay |
7 |
Business of mass communication media (newspaper, radio, television and online news) and motion picture of national language |
8 |
Management, account, engineering, legal consultancy service and language training, music training, computer training |
9 |
Consultancy services having foreign investment of more than fifty-one percent |
S.N. | Documents | Copies |
1 |
Project Proposal including Action Plan of the investment | 2 copies |
2 |
In case of more than one investor, a joint investment agreement between them | 2 copies |
3 |
Where the foreign investor is a natural person, a copy of passport and personal details (Biodata) of that person | 1 copy |
4 |
Where the foreign investor is a company, a certificate of registration of incorporation that company in the related country, Memorandum of Association, Articles of Association, documents that reflects Director and Shareholders, company’s profile and the decision of the Board of Directors of the company regarding the investment in Nepal | 1 copy |
5 |
Where the foreign investor is a firm, then the certificate of registration of incorporation of that firm and in the case of partnership, the document reflecting partnership details and the decision of the partners regarding the investment in Nepal and profile of the firm | 1 copy |
6 |
Where the foreign investor is a foreign citizen of Nepali Origin or Nepali citizen residing in a foreign country, the document proving the same. | 1 copy |
7 |
Where the foreign investor is an international organization, a constitution of the organization, document revealing the identity of the directors, profile of the organization and an organizational decision regarding the investment in Nepal | 1 copy |
8 |
If the foreign investor is not able to attend, a copy of power of attorney given by them and the document revealing the identity of an Attorney | 1 copy |
9 |
Financial Creditability Certificate of a foreign investor issued by the related foreign bank. | 1 copy |
10 |
Any other details and documents requested pursuant to a decision by the authority approving the foreign investment | 1 copy |
Category of Foreign Investor | Investment Amount | Percentage of Investment |
Foreign investor | Minimum Amount (USD) | At least 25% amount |
Ordinary Foreign Investor | above the minimum required amount and up to 250,000,000 rupees | At least 15% amount |
Distinguished Foreign Investor | above 250,000,000 rupees and up to 1,000,000,000 | At least 10% amount |
Highly Distinguished Foreign Investor | above 1,000,000,000 | At least 5% amount |
What happens in case of Share Sale or Transfer of Title to Share? If the property, assets or share or any other financial equipment accumulated out of foreign investments by any company in Nepal, is for sale, transfer of title or change in the ownership or vested ownership of the structure, then in order to maintain record of the details at the authority approving the foreign investment, such company shall submit within 30 days after the date of operation an application along with the following details and documents:-
Repatriation: Any foreign investor has to submit an application to repatriate their foreign investment (FDI) with the following documents:-
S.N. | Documents |
1 |
The decision of the General Meeting and Board of Directors of the Company relating to the repatriation of the investment by the foreign investors or earnings out of such investments |
2 |
Share Log Book and Directors’ Log Book verified by the Office of the Company Registrar |
3 |
Company’s previous fiscal year Audit Report and Certificate of Tax Clearance |
4 |
Proof showing the foreign investment by the concerned investor |
5 |
In case of the amount received out of Share Sale of the foreign investment, a copy of the approval letter of the Share Sale and a copy of approved Share Sale and Purchase Agreement |
6 |
Profit from the foreign investment or dividend amount, a decision of the General Meeting of the Company regarding such distribution, a proof of distribution of bonus as per the prevailing law and the Audit Report of that fiscal year |
7 |
In the case of payment of the Lease Investment pursuant to the Lease Agreement, the related documents |
8 |
In the case of payment of damage or compensation amount pursuant to final decision regarding the case filed in Nepal, Arbitration or any other legal proceedings, the related documents |
9 |
In the case of royalty amount, the related documents |
10 |
Proof of the record of the detail of sale of earned property in Nepal or transfer of title |
11 |
Any other essential documents required by the authority approving the foreign investment. |
How can you get a Visa Facility by FDI?
Types of Visa | Eligibility | Documents Required |
Business Visa | The foreign investor or his/her authorized representative and the family members or his/her authorized representative of such investor
· If the foreign investor having an approval up to or above 100,000,000 rupees has already brought in 25% of the approved investment |
1) A copy of foreign investment approval letter/ Industry Registration Certificate,
2) A copy of the passport of the person requesting for visa, 3) In case of an authorized representative, a letter authorizing representation for the foreign investor, 4) In case of a family member of the foreign investor, a certificate of relationship with the dependents issued by an authorized entity of related country, the Embassy of Nepal or diplomatic mission in such country, 5) In case of Non-tourist visa, a copy of the executive committee and Labor approval as per the prevailing law. 6) Power of Attorney, Identity Card, Contact Number of a person with an authority or an authorized person. |
Can you acquire land above the land ceiling? Yes. The energy, manufacturing, infrastructure, and minerals based industries with a foreign investment approval can submit an application for the coordination and facilitation to purchase land or any land above the land ceiling. The following details and documents are required:-
Validity Period of Foreign Investment Approval: The validity period of the foreign investment approval shall remain in effect except in situations where the foreign investment approval becomes ipso facto ineffective or the foreign investment becomes void.
Investment out of Earned Profit: The industry with the foreign investment may make re-investments in the same industry or in any other industry opened for foreign investment, out of earned profits. In the same industry, the investment shall not be less than 10% of the minimum required investment, and in the case of other industries, it shall not be less than the minimum required investment.
Limitation on Repatriation of Royalty Amount or other Fee
A. Limitation on Royalty Amount or other Fee for all kinds of technology transfer of industry.
Royalty | In relation to Quantity Sold within Nepal | In relation to Quantity of Foreign Export |
If Lump sum Amount or total sale amount | Up to 5% of the total sale amount excluding tax | Up to 10% of the total sale amount excluding tax |
If Royalty out of net profit | Up to 15% of net profit | Up to 20% of net profit |
B. Limitation on Royalty Amount or other fee for the use of trademark
In relation to Quantity Sold within Nepal | In relation to Quantity of Foreign Export |
In case of industry relating to the alcohol and tobacco, up to 2% of the total sale amount excluding tax. | In case of industry relating to the alcohol and tobacco, up to 5% of the total sale amount excluding tax. |
In case of other industry, up to 3% of the total sale amount excluding tax. | In case of other industry, up to 6% of the total sale amount excluding tax. |
Read about how to register a FDI company in Nepal by clicking the link below:
To gain more details on FDI or Foreign Investment in Nepal – Get in touch with us at info@lawchintan.com or call us at +977 9851133809.
Disclaimer: The information published on this website is for general information purposes only, and shall not be construed as a solicitation or an offer for an attorney-client relationship. No one should act or rely upon any information or response to a request for information automatically generated as a result of electronic searches on this website. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
Copyright Laws in Nepal/Register Copyright in Nepal
Copyright is the right that is provided to the original creator for the protection of the expression of their ideas. The governing laws are Copyright Act, 2002 and Copyright Rules, 2004. The rights provided to the original creator or author is economic and moral right.
2. Work and its scope protected under the Copyright Act and Rules
Under copyright law, “Work” means any work presented originally and intellectually in the field of literature, art and science and in any other field, and includes the following work:
3. Economic Rights under Copyright
The following 11 Economic Rights are granted by the laws to the owner of copyright who have the “exclusive right” to carry out the following acts, and such rights may be transferred under a written agreement:
S.N |
Economic Rights |
1. | To reproduce Work |
2. | To translate Work |
3. | To revise or amend Work |
4. | To make arrangement and other transformation in the Work |
5. | To sell, distribute or rent the original and copy of the Work for the general public |
7. | To import copies of Work |
8. | To have public exhibition of the original or copy of the Work |
9. | To perform the Work in public |
10. | To broadcast the Work |
11. | To communicate the Work to the general public. |
Note: The economic rights cover the right to derive economic benefit whereas the moral right is granted whether or not the economic right is granted. Moral right is non-transferrable.
4. Owner of the Work having the ‘Economic Right’
Nature of Work |
Owner |
In case of Single Work | Original Author is the first owner of the Economic Right of the Work |
In case of Joint Work | Co-Author
– But if the work is carried out in different parts and each author is identified for their case then respective author for their work |
Work carried out on the payment of remuneration by any person or organization | The person or organization that pays the remuneration |
Work carried out in the initiation or direction of any person or organization | The person or organization that initiates |
5. Grounds to use Copyrighted materials without the authorization of the Author
Note:
6. Registration Process of Copyright in Nepal
7. Grounds for Infringement and Punishment of Copyright in Nepal
S.N. | Grounds for Infringement |
Punishment |
1. | To reproduce copies of a Work and sell and distribute them or publicly communicate or rent them with commercial or any other motive with or without deriving economic benefits without authorization of the author or the copyright owner or by infringing the terms contained in the agreement or license | – fine of 10,000 upto 100,000 rupees or with imprisonment for a term of not exceeding six months or both.
– Fine of a 20,000 to 200,000 rupees or with imprisonment for a term not exceeding one year or with both for each instance from the second time. – The materials so published or reproduced or distributed or devices used to reproduce such materials shall be seized. |
2. | To do advertisement or publicize by copying a Work belonging to another person with a motive of taking advantage of the reputation gained by that work, | |
3. | To make Work of another subject or nature by changing the form and language of a work belonging to another person with a motive of deriving economic benefit |
Disclaimer: The information published on this website is for general information purposes only, and shall not be construed as a solicitation or an offer for an attorney-client relationship. No one should act or rely upon any information or response to a request for information automatically generated as a result of electronic searches on this website. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.