
Legal consultancy in Nepal provides crucial guidance for businesses, investors, and individuals navigating a complex legal landscape. Legal consultants help clients comply with laws, draft contracts, resolve disputes, and represent them before courts, regulators, and authorities. Our firm offers comprehensive services across multiple legal areas, ensuring that clients’ operations remain lawful, efficient, and protected. Below is an in-depth overview of each area of practice, highlighting the key services and responsibilities of our law firm.
1. Aviation Law
Governing Laws: Civil Aviation Act, 2015 B.S.; Civil Aviation Authority of Nepal Act, 2053 B.S.; Civil Aviation Regulations, 2058 B.S. & Air Service Management Regulation, 2082.
Key Services:
- Licensing and Certification: Assist airlines, charter operators, and aviation businesses in obtaining Air Operator Certificates (AOC) and other operational approvals, ensuring compliance with national and international safety standards.
- Aircraft Registration & Ownership: Manage legal processes for aircraft registration, leasing, financing, and sale or purchase agreements, ensuring clear ownership and transfer documentation.
- Contract Drafting: Draft and review contracts related to aircraft maintenance, charter services, insurance coverage, and operational agreements, mitigating legal and financial risks.
- Accident & Liability Support: Provide legal support during aviation accidents, investigating liability, filing claims, and representing clients in insurance or regulatory proceedings.
- Regulatory Compliance: Ensure ongoing compliance with CAAN regulations, international aviation conventions, airport security requirements, and operational safety standards.
2. Civil and Corporate Litigation
Governing Laws: National Civil Code, 2074; Companies Act, 2063 & other exiting laws;
Key Services:
- Dispute Representation: Represent clients in civil, commercial, and corporate disputes, including shareholder conflicts, contractual breaches, and partnership disagreements.
- Petition & Legal Drafting: Draft petitions, notices, written responses, affidavits, and other legal documents required for court or arbitration proceedings.
- Alternative Dispute Resolution (ADR): Advise and facilitate ADR processes like arbitration, mediation, and negotiation to resolve disputes efficiently and cost-effectively.
- Corporate Mismanagement Cases: Handle cases involving mismanagement, oppression of minority shareholders, fraudulent activities, and company winding-up.
- Contract Enforcement: Enforce contractual rights and seek remedies for breaches, including damages, injunctions, or specific performance.
3. Foreign Direct Investment (FDI)
Governing Laws: Foreign Investment and Technology Transfer Act, 2075; NRB Directives; Companies Act, 2063
Key Services:
- Regulatory Approvals: Guide foreign investors through government approvals from the Department of Industry (DOI) and Nepal Rastra Bank (NRB), ensuring adherence to legal procedures.
- Investment Structuring: Advise on company formation, joint ventures, shareholder agreements, and investment strategies tailored to the Nepalese market.
- Profit Repatriation: Provide guidance on legal and tax-efficient ways to repatriate profits to the investor’s home country.
- Compliance Advisory: Ensure continuous compliance with sector-specific laws, corporate governance standards, and reporting requirements.
- Government Liaison: Represent investors in communications and negotiations with authorities to resolve legal or regulatory challenges.
4. Hydro Power Law
Governing Laws: Electricity Act, 2049; Electricity Regulation 2050, Hydro Power Development Policy, 2078; Environmental Protection Act, 2076
Key Services:
- Project Licensing: Assist developers in obtaining generation, distribution, and operational licenses for hydro power projects.
- Contract Drafting: Draft Power Purchase Agreements, concession agreements and financing documents.
- Land & Environmental Compliance: Advise on land acquisition, water use rights, environmental impact assessments, and compliance with government regulations.
- Regulatory Representation: Represent clients before the Nepal Electricity Authority (NEA), Department of Electricity Development, and other regulators.
- Dispute Resolution: Handle disputes with contractors, stakeholders, or government authorities related to project development, performance, or payments.
5. Insurance Law
Governing Laws: Insurance Act, 2079; Insurance Regulations, 2081 & Directives issued by Nepal Insurance Authority
Key Services:
- Policy Drafting & Review: Prepare and review life, health, and general insurance policies to minimize legal risks and ensure compliance.
- Claims Management: Provide legal guidance on filing, defending, or settling insurance claims.
- Regulatory Compliance: Ensure adherence to rules issued by the Insurance Board of Nepal, including reporting, licensing, and operational standards.
- Litigation & Arbitration: Represent insurers, brokers, or policyholders in legal disputes, arbitration, or settlement negotiations.
- Risk Management Contracts: Draft reinsurance agreements, corporate risk policies, and liability coverage contracts to protect clients’ financial interests.
6. Intellectual Property (IP) Law
Governing Laws: Patent, Design and Trademark Act, 2022; Copyright Act, 2059
Key Services:
- IP Registration: Register trademarks, patents, copyrights, and industrial designs with the Department of Industry.
- Licensing Agreements: Draft technology transfer, licensing, and franchise agreements.
- Infringement Protection: Represent clients in cases of counterfeiting, IP infringement, or unauthorized use of intellectual property.
- Brand Strategy Advisory: Advise clients on brand protection, commercialization, and strategic IP portfolio development.
- Portfolio Management: Maintain, monitor, and enforce clients IP rights across products, services, and jurisdictions.
7. Real Estate Consultation
Governing Laws: Land Act, 2025; Land Acquisition Act, 2034; Land Tax Act, 2036 and other existing laws related to Real Estate in Nepal;
Key Services:
- Due Diligence: Verify ownership, titles, encumbrances, and land use restrictions before acquisition or development.
- Sale & Purchase Agreements: Draft and review sale, lease, mortgage, and development agreements.
- Zoning & Permits: Advise on planning, construction permits, and compliance with municipal and local regulations.
- Property Disputes: Represent clients in land, property, or landlord-tenant disputes before courts or arbitration.
- Development Advisory: Guide real estate developers and investors on legal risks, contracts, and regulatory compliance.
8. Telecommunication Law
Governing Laws: Telecommunications Act, 2053; National Telecommunication Policy, 2076
Key Services:
- Licensing & Regulatory Compliance: Assist telecom companies in obtaining licenses, spectrum allocations, and approvals from TRA.
- Contract Drafting: Prepare service agreements, partnership contracts, and infrastructure development agreements.
- Data & Consumer Compliance: Advise on privacy, cybersecurity, and consumer protection requirements.
- Dispute Resolution: Handle conflicts with regulators, partners, or clients.
- Policy Advisory: Guide clients on national and international telecom policies, compliance updates, and regulatory reforms.
9. Tax Laws
Governing Laws: Income Tax Act, 2058; VAT Act, 2052; Excise Duty Act, 2058
Key Services:
- Tax Planning: Advise clients on corporate and individual tax strategies to optimize liabilities.
- Dispute Representation: Represent clients before Inland Revenue Department(IRD), Revenue Tribunal, and appellate authorities.
- Compliance Documentation: Prepare VAT, excise, and income tax documentation, returns, and audits.
- Cross-border Tax Advisory: Assist foreign investors with double taxation treaties and international compliance.
- Tax Clearance & Advisory: Ensure proper tax clearance for business operations, mergers, acquisitions, or transactions.
10. Labor Law
Governing Laws: Labor Act, 2074; Social Security Act, 2074
Key Services:
- Employment Contracts: Draft contracts, policies, and HR manuals to define rights and obligations of employers and employees.
- Termination & Disputes: Advise on lawful termination, layoffs, and resolving employment disputes.
- Compliance Advisory: Ensure adherence to working hours, wages, benefits, and labor standards.
- Social Security Matters: Guide on employee social security contributions, insurance, and welfare benefits.
- Representation: Represent employers or employees in Labor Court or administrative hearings.
11. Contract Law
Governing Laws: National Civil Code, 2074
Key Services:
- Drafting & Review: Prepare contracts, commercial agreements, and supply contracts with clarity and enforceability.
- Negotiation Support: Advise clients on negotiation strategies and mitigating contractual risks.
- Enforceability Advisory: Ensure contracts are legally valid, compliant, and binding.
- Dispute Resolution Clauses: Include arbitration, mediation, or litigation clauses to protect clients’ interests.
- Litigation & Enforcement: Represent clients in enforcing contractual rights, damages, or injunctions in disputes.
Conclusion
Legal consultancy in Nepal spans aviation, civil and corporate litigation, FDI, hydro power, insurance, IP, real estate, telecom, taxation, labor, and contract law. Consultants provide drafting, negotiation, compliance, licensing, dispute resolution, and representation services, tailored to each sector. By combining specialized knowledge with practical experience, legal consultants help clients minimize risks, comply with regulations, and achieve their business objectives effectively in Nepal’s complex legal environment.