NGO/INGO lawyers in Nepal specialize in providing legal services to non-governmental organizations (NGOs) and international non-governmental organizations (INGOs) operating in the country. Our lawyers have expertise in the laws, regulations, and processes governing the establishment and operation of NGOs and INGOs in Nepal.
The primary laws regulating NGOs and INGOs in Nepal are the Associations Registration Act 1977, Social Welfare Act 1992, and Social Welfare Council Rules 1992. NGO/INGO lawyers help organizations navigate the complex legal framework and compliance requirements stipulated by these laws.
What do NGO/INGO Lawyers do?
NGO/INGO lawyers in Nepal provide a wide range of legal services to non-profit organizations, including:
- Registration and incorporation: Assisting with the process of registering NGOs with the District Administration Office and INGOs with the Social Welfare Council. This involves preparing and submitting required documents like the constitution, bylaws, and other forms.
- Regulatory compliance: Advising organizations on compliance with applicable laws and regulations, including annual reporting requirements to government authorities.
- Drafting agreements: Preparing general agreements and project agreements for INGOs to operate in Nepal, as required by the Social Welfare Council.
- Visa and work permit assistance: Helping obtain visas and work permits for foreign representatives and volunteers of INGOs.
- Employment law: Advising on labor laws and drafting employment contracts for NGO/INGO staff.
- Government liaison: Coordinating with government agencies like the Social Welfare Council, District Development Committees, and relevant ministries on behalf of NGOs/INGOs.
- Project proposal development: Assisting in drafting and reviewing project proposals to ensure compliance with legal requirements.
- Due diligence and audits: Conducting legal due diligence and assisting with regular audits required by law.
- Legal opinions: Providing legal opinions on various matters related to NGO/INGO operations in Nepal.
- Dispute resolution: Representing NGOs/INGOs in legal disputes and mediating conflicts with government authorities or other parties.
NGO/INGO Lawyers in Nepal
- Advocate Pradeep Thapa
- Advocate Amit Karna
- Sukra Subba (NGO/INGO Consultant)
- Advocate Santosh Parajuli
- Advocate Sabita Gurung
Advocate Pradeep Thapa
Advocate Pradeep Thapa is a seasoned NGO/INGO lawyer with over 15 years of experience in the field. He specializes in NGO/INGO registration, regulatory compliance, and government liaison.
Thapa has assisted numerous international organizations in establishing their presence in Nepal. He is known for his in-depth knowledge of the Social Welfare Act and his strong relationships with officials at the Social Welfare Council.
Advocate Amit Karna
Advocate Amit Karna focuses on providing comprehensive legal services to NGOs and INGOs operating in Nepal. With a background in both corporate and non-profit law, Karna offers expertise in drafting general and project agreements, employment contracts, and project proposals.
He has successfully helped several organizations obtain tax-exempt status and navigate the annual compliance requirements. Karna is also well-versed in dispute resolution and has represented NGOs in legal matters before various government authorities.
Sukra Subba (NGO/INGO Consultant)
Sukra Subba is a highly regarded NGO/INGO consultant in Nepal with extensive experience in the development sector. Subba provides valuable insights into the practical aspects of NGO/INGO operations, including project implementation, monitoring and evaluation, and stakeholder engagement.
He works closely with lawyers to ensure that legal compliance aligns with organizational goals and development objectives. Subba’s expertise lies in developing project proposals and coordinating with local government bodies.
Advocate Santosh Parajuli
Advocate Santosh Parajuli specializes in international development law and has a strong track record of assisting INGOs establish their presence in Nepal. He has in-depth knowledge of the registration process with the Social Welfare Council and has successfully guided numerous organizations through the complex procedures.
Parajuli is particularly skilled in drafting and negotiating general agreements and project agreements. He also provides expert advice on visa and work permit issues for foreign representatives of INGOs.
Advocate Sabita Gurung
Advocate Sabita Gurung is known for her expertise in labor law as it applies to NGOs and INGOs in Nepal. She assists organizations in drafting employment contracts, developing human resource policies, and ensuring compliance with Nepali labor regulations. Gurung also has significant experience in conducting legal due diligence for NGOs and INGOs.
Legal Services for NGOs and INGOs in Nepal
Registration & Incorporation
We provide comprehensive assistance in registering NGOs with the District Administration Office and INGOs with the Social Welfare Council. This includes preparing all necessary documents such as the constitution, bylaws, and application forms. We guide organizations through the entire process, from initial application to final approval, ensuring compliance with the Associations Registration Act 1977 and Social Welfare Act 1992. Our team liaises with relevant authorities to expedite the registration process and address any queries or concerns raised during the application review.
Registration at DAO, SWC & Local Ward Office
For domestic NGOs, we handle the registration process at the District Administration Office (DAO), which involves submitting the application, constitution, and other required documents. For INGOs, we manage the registration with the Social Welfare Council (SWC), including preparation of the general agreement and project agreement. We also assist with registration at the local ward office, which is often required for NGOs to operate at the community level. Our services ensure that all legal requirements are met at each level of government.
Coordination with SWC
We act as a liaison between INGOs and the Social Welfare Council, facilitating smooth communication and coordination. This includes submitting annual reports, project proposals, and other required documents to the SWC. We help organizations navigate the SWC’s approval processes for new projects, budget allocations, and amendments to existing agreements. Our team stays up-to-date with SWC regulations and guidelines to ensure our clients remain in full compliance with all requirements.
Drafting General & Project Agreement
For INGOs, we draft comprehensive general agreements and project agreements as required by the Social Welfare Council. The general agreement outlines the overall framework for the INGO’s operations in Nepal, while project agreements detail specific activities, budgets, and timelines for individual projects. Our drafting process ensures that agreements align with both the organization’s objectives and Nepal’s legal requirements. We also assist in negotiations with the SWC to finalize these agreements.
DDC Legalization Assistance
We provide assistance in obtaining legalization from District Development Committees (DDCs) for NGO/INGO projects. This involves preparing and submitting project proposals to the relevant DDC, coordinating with local authorities, and ensuring that projects align with local development priorities. Our team helps navigate the approval process, addressing any concerns raised by DDC officials, and securing the necessary permissions for project implementation at the district level.
Visa and Work Permit for Foreign Representatives
We offer comprehensive support in obtaining visas and work permits for foreign representatives and volunteers of INGOs. This includes preparing and submitting applications to the Department of Immigration and the Department of Labour, liaising with relevant ministries to obtain necessary recommendations, and addressing any issues that arise during the process. We ensure that all documentation meets the requirements set forth by Nepali immigration and labor laws.
Employment Contracts & Labor Law
Our services include drafting employment contracts for NGO/INGO staff that comply with Nepali labor laws. We advise organizations on proper employment practices, including working hours, leave policies, social security contributions, and termination procedures. We also assist in developing human resource policies and employee handbooks tailored to the unique needs of non-profit organizations operating in Nepal. Our team stays abreast of changes in labor regulations to ensure ongoing compliance.
Coordination with Governmental Agencies
We facilitate coordination between NGOs/INGOs and various governmental agencies, including relevant ministries, departments, and local authorities. This involves arranging meetings, preparing briefing documents, and representing organizations in discussions with government officials. We help navigate bureaucratic processes, obtain necessary approvals and permissions, and address any compliance issues that may arise. Our strong relationships with key officials help expedite processes and resolve challenges efficiently.
Development & Passing of Project Proposal
We assist in developing project proposals that meet both organizational objectives and legal requirements. This includes ensuring that proposals align with Nepal’s development priorities and SWC guidelines. We review proposals for legal compliance, help structure budgets in accordance with regulatory requirements, and prepare all necessary documentation for submission to relevant authorities. Our team also supports organizations through the approval process, addressing any queries or concerns raised by reviewing bodies.
Due Diligence & Regular Audits
We conduct comprehensive legal due diligence for NGOs and INGOs to identify and mitigate potential legal risks. This includes reviewing organizational structures, contracts, and operational practices for compliance with Nepali law. We also assist with regular audits required by the Social Welfare Council and other authorities, ensuring that financial records and project documentation meet all legal standards. Our team helps prepare for audits and addresses any issues identified during the audit process.
Legal Opinions
We provide expert legal opinions on various aspects of NGO/INGO operations in Nepal. This includes interpreting laws and regulations, advising on the legality of proposed activities, and providing guidance on complex legal issues. Our legal opinions help organizations make informed decisions and mitigate legal risks. We also offer opinions on draft legislation and policy changes that may impact the non-profit sector in Nepal.
Read More:
- NGO Registration Process in Nepal
- INGO Registration in Nepal
- An Overview of NGO and INGO Law in Nepal
- Renewal and Compliance of NGO and INGO in Nepal
- Profit Not Distributing Company Registration in Nepal
Also Read: Social Welfare Council Act, 1992 Associations Registration Act, 1977
Conclusion
NGO/INGO lawyers play a crucial role in helping non-profit organizations navigate the complex legal landscape in Nepal. We provide Legal Services to non-governmental organizations, either national or international, in registration and compliance to project implementation and dispute resolution.
FAQs
How to incorporate a NGO in Nepal?
To incorporate an NGO in Nepal, submit an application to the District Administration Office with the organization’s constitution, list of founding members, and other required documents. Once approved, register with the Social Welfare Council. Obtain a PAN from the tax office and register with the local ward office if required.
How to register a INGO in Nepal?
INGOs must register with the Social Welfare Council. Submit an application with the organization’s constitution, registration certificate from home country, and project proposals. Sign a general agreement with SWC, followed by specific project agreements. Obtain necessary approvals from relevant ministries for proposed activities.
Where should NGO/INGO be registered?
NGOs should register with the District Administration Office in the district where they will operate. INGOs must register with the Social Welfare Council in Kathmandu. Both may need additional registration with local authorities depending on their activities and area of operation.
What are the annual requirements for NGOs & INGOs in Nepal?
NGOs and INGOs must submit annual progress reports and audited financial statements to relevant authorities. Renew registration annually with the District Administration Office or Social Welfare Council. INGOs must renew project agreements and work permits for foreign staff. File tax returns if applicable.
How to draft Project Proposal as a NGO/INGO?
Draft a project proposal outlining objectives, activities, budget, and timeline. Ensure alignment with Nepal’s development priorities and SWC guidelines. Include logical framework, monitoring and evaluation plan, and sustainability strategy. Demonstrate local partnerships and capacity building components. Submit to SWC or relevant authorities for approval.
Contact NGO and INGO Lawyer in Nepal
Disclaimer: This material is presented solely for informational purposes, without constituting legal advice, counsel, or solicitation, and no liability shall arise from any actions, omissions, or reliance on its contents, directly or indirectly, in any manner whatsoever, irrespective of the jurisdiction or specific circumstances.