An Act to amend some acts for Investment Facilitation, 2081

Amended Acts:

  1. Industrial Enterprises Act, 2076
  2.  Foreign Investment and Technology and Transfer Act, 2075
  3. Special Economic Zone Act, 2073
  4. Land Reform Act, 2021
  5. Land Acquisition Act, 2034
  6. Forest Act, 2074
  7. National Park and Wildlife Reserve Act, 2029
  8. Public-Private Partnership Investment Act, 2075

1. FITTA Act, 2075

(New Provision added) Non-resident Nepali -Section 2(c)

A person holding the non-resident Nepali identity card in accordance with the prevailing law relating to non-resident Nepalis.

Technology Transfer -Section 2(g)

 Any transfer of technology to be made under an agreement between an industry and a foreign investor on the following matters:

  • Patent, design, trademark, goodwill, technological specificity, formula, process
  • User’s license, technological know-how sharing or use of technological knowledge (franchise
  • Provision of foreign technical adviser
  • Management and marketing service
  • Technological skill or knowledge
  • Reverse Engineering

Investment may be made through technology transfer: section 7(a)

  • A foreign investor may make foreign investment by making technology transfer in any industry or company or firm established in Nepal.
  • The foreign currency received by technology transfer can be brought into Nepal with the permission of Nepal Rastra Bank.
  • For technology transfer, a company, firm, industry can open its branch office or unit in the respective country with the permission of the department.

Approval of Foreign Investment-section 17

Investment Board under the Investment Board Act, 2011 (2068) shall approve the foreign investment.

Production may be made upon making contract and sub-contract

Any industry with foreign investment may produce any part of its production or such subsidiary goods or services as required for the industry, by a contract or sub-contract with another industry.

  • Ride Sharing with more than 70% foreign investment. Schedule 10

2. Industrial Enterprises Act, 2076

  • Section 2(q) 1 defined startup enterprises and business.
  • Enterprises promotion center shall be established

3. Registration and Operation of Start-up enterprises

Any firm or company that has been commercially operated by using following: –

  • New research,
  • Creative thinking in the development,
  • Production, operation and distribution of any product,
  • Service and process

May be registered as a start-up enterprise or business by the enterprise registration body.

-Registered as new company, private firm or partnership firm

– Innovative thinking and technology used in the production of goods or services

-Having fast upgrade potential

-Not exceeding 10 years from the date of registration

-The annual turnover of any financial year after registration is not more than 15 crores

  • Startup enterprises and business shall get incentives, discounts, concessions or financial and non-financial facilities from Nepal Government, province government or local government.
  • Sectors related to ICT establish with capital investment more than 1 Arab shall be benefited with concessions.
  • Banks and financial institutions can take mortgages for up to 50% of the land exceeding the ceiling in the area determined by the land registration office on the basis of the detailed project report (DPR). Before this amendment taking mortgages of the land exceeding the ceiling is prohibited.

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