by Lawchintan | Aug 23, 2021 | Legal
Statutory Timeline of Investment for Foreign Investors in Nepal – Executive Summary – 2 Mins Read
| As per Rule 9 (1) of FITTR, 2020, a foreign investor must bring the following percentage of the committed investment within 1 year. The percentage of initial investment is directly proportional with the committed investment. |
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<span”>Within 1 Year
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| If the commitment investment is up to NPR 50,000,000 |
At least 25% investment |
| If the commitment investment is more than NPR 50,000,000 and up to NPR 250,000,000 crores |
At least 15% investment |
| If the commitment investment is more than NPR 250,000,000 and up to NPR 1,000,000,000 |
At least 10% investment |
| Above 1 Billion |
At least 5% investment |
| As per Rule 9 (2) of FITTR, 2020, 70% of the commitment investment amount must be invested before the commercial operation date and the remaining 30% must be invested within 2 years from the commercial operation date. |
For more information please contact us via Email: info@lawchintan.com; Phone/WhatsApp: (+977) 9851133809 / (+977) 9866556697
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.
by Chintan Law Associates | Jul 8, 2021 | Legal
Copyright Laws in Nepal/Register Copyright in Nepal
- Definition
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:
- Book, Pamphlet, Article, Thesis
- Drama, Dramatic Music, Dumb Show or work prepared to perform
- Musical Notation with or without words
- Audio Visual Works
- Architectural Design
- Fine Arts, Painting, Work of Sculpture, Work of Woodcarving
- Photographic Work
- Work of applied Art
- Illustration, Map, plan, Three Dimensional Work relating to Geography and Scientific Article, and Work
- Computer Program.
- Any thought, religion, news, method of operation, concept, principle, court judgment, administrative decision, folksong, folktale, proverb and general data are not protected.
- Registration of Work is not compulsory to acquire any right of protection granted by the law. However, these items can be registered voluntarily by submitting an application to the Nepal Copyright Registrar’s Office.
- Any joint Work carried out in the initiation or direction of any person, and any Work carried out on the payment of remuneration shall be protected until 50 years from the date of the first publication of such Work or the date in Work is made public (whichever date is earlier)
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:
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S.N
|
Economic Rights
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| 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
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| 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
- One can reproduce some portion of the materials for personal use.
- Reproduction of some portion for teaching and learning process.
- One copy of materials can be used for public Library and Archives.
- Reproduction, broadcast, and other communication are allowed for general public information.
- One copy of any work can be imported for personal purpose.
- One can use for the public display but public display has not to be made without the help of the film, slide, television, image or otherwise using the screen or device.
Note:
- One can use the copyright materials by citation.
- One cannot use the materials for the economic benefit.
6. Registration Process of Copyright in Nepal
- Application to the registrar.
- Examination of the application and order to the applicant for the further document if necessary.
- Certificate of Registration within 35 days from the date of application filed if further document is not needed and if further document are ordered then 35 days from the document submitted.
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.
by Chintan Law Associates | Apr 16, 2021 | Legal
Divorce, Partition of Property, and Child Custody in Nepal – Exclusive 3 Mins Read
Contact Us – Chintan Law Associates (lawchintan.com)
Divorce is the legal dissolution of the marriage which is carried out by the court that leads to the separation of husband and wife. Divorce can be carried out at anytime given the willingness of both the husband and wife. Learn about divorce by clicking this link: Divorce in Nepal – Exclusive 3 Mins Read – Chintan Law Associates (lawchintan.com)
The issue of property right and custody of child occurs during and after the divorce. Hence, the following are the provisions relating to property rights during or after the divorce.
Which property has to be partitioned?
- Joint property in the name of both husband and wife or in the name of anyone.
What if the husband has not taken the partition of property from his father?
- If the husband has not taken the partition of property from his father, in that condition the court asks for the inventory of the property from both sides and will do partition of property.
- If it takes a long time for partition of property then in that condition, on the basis of the property and income of the husband, the wife will get the monthly expenses.
What if the wife is unwilling for the partition of the property?
- If the wife is willing to have the lump sum amount or annual or monthly amount instead of the property then the court shall decide on the basis of income of the husband.
What if the husband does not have any kind of property?
- If the husband doesn’t have any property but has an income then in that condition the court will ask the husband to pay expenses on the basis of his income.
- The income or partition of property is based on mutual written consensus. Provided that, it is inapplicable to the children.
In what conditions the husband is not liable for partition of property or partition of income or both?
- If the wife conducts remarriage then the husband is not liable for partition of property or partition of income or both.
Child Custody after Divorce
The following are the provisions for the child after the divorce:
Are the children able to get partition of property in case of divorce?
- Yes, the children have right to receive their part of share from the partition of property.
Are the children born after the divorce considered the child of such previous husband?
- Children born within 272 days of divorce are only considered as the child of that husband.
Who are responsible to take the responsibility of the children?
- It is the responsibility of both the parents to look after their children. But in case of divorce:
- Less than 5 years child- If a women has carried out or not another marriage if she wants to take responsibility
- Children more than 5 years- Except in the condition that the women has carried out another marriage, responsibility in the mother
- Except in these two conditions, the responsibility is in the father.
- If during the time of divorce, if they have made a written consent regarding child then as per that consent paper.
- If the child has attained the age of 10 years then as per the decision of the child.
- If one of the partners who take the responsibility dies then the other partner has to take the responsibility of the child. But, in case of child more than 5 years of age then the mother has done remarriage then she is not responsible.
If the consent paper is silent, then it shall be as follows:
- The responsibility lies in mother in case of a child less than 5 years.
- The responsibility lies in father in case of a child of age 5 years or more than that but not less than 10 years.
- The responsibility is as per the decision of the child if the age is more than 10 years.
For more information on Divorce, partition of Property and Child Custody please contact us by email at info@lawchintan.com by phone at +977 9866556697.
Chintan Law Associates – Google Search
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.
by Chintan Law Associates | Mar 29, 2021 | Legal
Divorce in Nepal – Exclusive 3 Mins Read
Contact Us – Chintan Law Associates (lawchintan.com)
Divorce means a legal dissolution of the marriage, and results in the legal separation of husband and wife. Divorce in Nepal is governed by the Muluki Civil Code 2017. This article provides a summary of the divorce laws in Nepal.
Divorce between the husband and wife is connected to various legal issues and shall be considered together. For instance, matters relating to property rights, and child custody are major legal issues faced by the husband and wife during the termination process.
The laws and procedures relating to a Divorce in Nepal are:
Who may file for Divorce in Nepal:- Husband OR wife OR Both may file the case before the district court of their jurisdiction.
Grounds for a Husband to file a Divorce case against wife:-
S.N.
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Grounds for Divorce in Nepal
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1.
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If the wife lives separately without the consent of husband for 3 consecutive years or more than that.
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2.
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If the wife didn’t provide basic needs to the husband and abandons him from home.
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3.
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If the wife does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the husband.
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4.
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If it is proved that the wife is engaged in sexual activities with other people.
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Grounds for a Wife to file a Divorce case against husband:-
S.N.
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Grounds
|
1.
|
If the husband lives separately without the consent of husband for 3 consecutive years or more than that.
|
2.
|
If the husband didn’t provide basic needs to the husband and abandons him from home.
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3.
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If the husband does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the wife.
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4.
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If the husband solemnizes another marriage.
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5.
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If it is proved that the husband is engaged in sexual activities with another woman..
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6.
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Marital rape.
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Time Required for divorce: The court shall finalize the case of divorce within one year of the application filed.
Procedure that needs to be followed for divorce:
1. The party who wants to file for divorce must file an application in the District Court of the District where the applicant resides.
|
2. The court through the help of its officers shall then give notice (summons) of Divorce petition to the other party.
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3. The other party attends the court and submit their written reply.
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4. The court then convinces both the parties for mediation.
5. If mediation fails, the court will rule on divorce.
|
Things that need to be carried out before divorce:-
-
Partition of property: Partition of common property in the joint name, or any one’s name among husband and wife is to be done, and if it is found that the partition of the property takes long time then the husband has to provide monthly expenses to the wife as per his property and income.
-
However, if the Divorce is filed by the wife, the husband is not obliged for that.
Condition in which the wife can get lump sum amount rather than Partition of property
The court can order the husband to provide lump sum amount or annually or monthly expenses on the basis of his income if the wife desired so but if the wife conducts another marriage then the husband is not liable to pay.
Documents Required for divorce: The following documents are required along with application for the divorce:
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Marriage Registration Certificate
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Notarized copy of Citizenship certificate of husband and wife
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Name and address of one witness each
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Other evidences/documents, if any.
For more information on Divorce in Nepal please contact us at info@lawchintan.com or call us at +977 9866556697.
Learn about Court Marriage or Marriage Registration instead? Click the link: Court Marriage in Nepal | Marriage Registration in Nepal: Executive Summary with Latest Updates- Exclusive 3 Mins Read – Chintan Law Associates (lawchintan.com)
chintan law associates – Google Search
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 site. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
by Chintan Law Associates | Mar 15, 2021 | Legal
Divorce in Nepal – Exclusive 3 Mins Read
Contact Us – Chintan Law Associates (lawchintan.com)
Divorce means a legal dissolution of the marriage, and results in the legal separation of husband and wife. Divorce in Nepal is governed by the Muluki Civil Code 2017. This article provides a summary of the divorce laws in Nepal.
Divorce between the husband and wife is connected to various legal issues and shall be considered together. For instance, matters relating to property rights, and child custody are major legal issues faced by the husband and wife during the termination process.
The laws and procedures relating to a Divorce in Nepal are:
Who may file for Divorce in Nepal:- Husband OR wife OR Both may file the case before the district court of their jurisdiction.
Grounds for a Husband to file a Divorce case against wife:-
S.N.
|
Grounds for Divorce in Nepal
|
1.
|
If the wife lives separately without the consent of husband for 3 consecutive years or more than that.
|
2.
|
If the wife didn’t provide basic needs to the husband and abandons him from home.
|
3.
|
If the wife does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the husband.
|
4.
|
If it is proved that the wife is engaged in sexual activities with other people.
|
Grounds for a Wife to file a Divorce case against husband:-
S.N.
|
Grounds
|
1.
|
If the husband lives separately without the consent of husband for 3 consecutive years or more than that.
|
2.
|
If the husband didn’t provide basic needs to the husband and abandons him from home.
|
3.
|
If the husband does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the wife.
|
4.
|
If the husband solemnizes another marriage.
|
5.
|
If it is proved that the husband is engaged in sexual activities with another woman..
|
6.
|
Marital rape.
|
Time Required for divorce: The court shall finalize the case of divorce within one year of the application filed.
Procedure that needs to be followed for divorce:
1. The party who wants to file for divorce must file an application in the District Court of the District where the applicant resides.
|
2. The court through the help of its officers shall then give notice (summons) of Divorce petition to the other party.
|
3. The other party attends the court and submit their written reply.
|
4. The court then convinces both the parties for mediation.
5. If mediation fails, the court will rule on divorce.
|
Things that need to be carried out before divorce:-
-
Partition of property: Partition of common property in the joint name, or any one’s name among husband and wife is to be done, and if it is found that the partition of the property takes long time then the husband has to provide monthly expenses to the wife as per his property and income.
-
However, if the Divorce is filed by the wife, the husband is not obliged for that.
Condition in which the wife can get lump sum amount rather than Partition of property
The court can order the husband to provide lump sum amount or annually or monthly expenses on the basis of his income if the wife desired so but if the wife conducts another marriage then the husband is not liable to pay.
Documents Required for divorce: The following documents are required along with application for the divorce:
-
Marriage Registration Certificate
-
Notarized copy of Citizenship certificate of husband and wife
-
Name and address of one witness each
-
Other evidences/documents, if any.
For more information on Divorce in Nepal please contact us at info@lawchintan.com or call us at +977 9866556697.
Learn about Court Marriage or Marriage Registration instead? Click the link: Court Marriage in Nepal | Marriage Registration in Nepal: Executive Summary with Latest Updates- Exclusive 3 Mins Read – Chintan Law Associates (lawchintan.com)
chintan law associates – Google Search
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 site. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
by Chintan Law Associates | Mar 7, 2021 | Business, Legal
Registration of Non-Profit Company
Registration of Company Not Distributing Profit
Foundation Registration in Nepal
Company not distributing profit is a company that are not entitled to distribute or pay to its members any dividends or any other moneys out of the profits earned or savings made for the attainment of any objectives.
Objectives of the establishment of company not distributing profit:
- To develop and promote any profession or occupation.
- To protect the collective rights and interests of the person engaged in any specific profession or occupation.
- To carry on any enterprise for the attainment of any scientific, academic, social benevolent or public utility or welfare objective on the condition of not distributing dividends.
Q. Where we can file the application for the registration of this type of company?
A. We can file the application in the Office of Company Registrar.
Number of promoters needed to register this type of company: At least 5 members to unlimited members.
Time required for the registration: Maximum 7 days from the date of application filed.
Q. What if we need to change the objectives of the company?
A. To change the objectives of the company, the company has to obtain prior approval from the Office of Company Registrar.
Q. Can the company not distributing profit be merged with company distributing profit?
A. No, they cannot be merged.
Government Revenue for its registration: NPR 15,000/-
Other Essential Points:
- No need to require share capital to incorporate this type of company.
- Members of this type of the company are not liable for debts and liabilities of the company except they accept such liability in writing.
- The dividends, bonus or other profit of the company are not distributed among their employees but that profits are used to increase the capital of the company or for the attainment of the objectives.
Document required for registration of the company:
- Application
- Memorandum of Association (Prabandha Patra)
- Articles of Association (Niyamawali)
- Notarized copy of citizenship certificates of all Promoters
- Power of Attorney
Resource Person: Zubin Niroula Khatri, Attorney at Law (Contact Number: +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 site. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
