Practice Overview
Prime Law Associates (PLA) advises corporate clients on in banking and finance industry. We represent companies in financial transactions, corporate borrowing and syndicated loan financing. Our team has specialization in structuring of financial transactions and new financial products. We advise banks and financial institutions in complying with legal and regulatory rules of Central Bank of Nepal and Securities Exchange Board of Nepal. Banking and finance law in Nepal encompasses a complex web of regulations, statutes, and legal principles governing financial institutions, transactions, and services within the country.
The primary legislation governing banking and finance in Nepal includes the Nepal Rastra Bank Act, 2058 (2002), the Banks and Financial Institutions Act, 2073 (2017), and the Company Act, 2063 (2006). We advise clients on a wide range of matters, including regulatory compliance, corporate finance, project financing, debt restructuring, and mergers and acquisitions in the financial sector.
These laws, along with various directives and regulations issued by the Nepal Rastra Bank (NRB) – the country’s central bank – form the regulatory framework for banking and financial activities. We advise clients on a wide range of matters, including regulatory compliance, corporate finance, project financing, debt restructuring, and mergers and acquisitions in the financial sector. Our expertise is essential for both domestic and international clients looking to operate within Nepal’s financial markets or engage in cross-border transactions.
The Prime Factor
Prime Law Associates has a leading practice in Banking & Finance Law in Nepal.
Banking & Finance Lawyers in Nepal
Our Services
Registration, Licensing & Approvals
This area focuses on helping financial institutions obtain necessary permits and authorizations to operate legally. Lawyers assist banks, investment firms, and other financial entities in navigating complex regulatory frameworks. They prepare and submit applications, ensure compliance with regulatory requirements, and liaise with regulatory bodies. The process involves thorough documentation, meeting capital requirements, and demonstrating sound governance structures. Lawyers also help maintain licenses by ensuring ongoing compliance and handling renewals.
Project Finance Advisory
Project finance advisory in banking and finance law involves guiding clients through complex, large-scale project financing arrangements. Lawyers in this field assist in structuring deals, drafting agreements, and negotiating terms for major infrastructure, energy, or industrial projects. They work closely with lenders, sponsors, and other stakeholders to allocate risks effectively and ensure project viability. Key tasks include conducting due diligence, advising on regulatory compliance, structuring security packages, and drafting project documents. Lawyers must understand various financing models, including limited recourse and non-recourse structures. They also help navigate cross-border issues in international projects.
Legal Compliance & Due Diligence
Legal compliance and due diligence in banking and finance law focus on ensuring financial institutions adhere to applicable laws and regulations. Lawyers conduct thorough investigations of financial transactions, corporate structures, and operational practices to identify potential legal risks or compliance issues. They review documents, assess regulatory requirements, and provide recommendations for remediation. This work is crucial in mergers and acquisitions, lending transactions, and regulatory examinations. Lawyers develop compliance programs, train staff on regulatory obligations, and assist in implementing internal controls. They stay updated on evolving regulations, including anti-money laundering laws, data protection rules, and financial reporting standards.
Litigation & Dispute Resolution
Litigation and dispute resolution in banking and finance law involve representing financial institutions or their clients in legal conflicts. Lawyers handle a wide range of disputes, including contractual disagreements, regulatory enforcement actions, and consumer complaints. They may represent clients in court proceedings, arbitrations, or alternative dispute resolution methods. Key tasks include developing case strategies, preparing legal arguments, conducting discovery, and negotiating settlements. Lawyers must have a deep understanding of financial products, banking operations, and relevant regulations.
Financial Mergers & Acquisitions
Financial mergers and acquisitions (M&A) in banking and finance law involve advising clients on the legal aspects of buying, selling, or combining financial institutions. Lawyers in this field guide clients through the entire M&A process, from initial structuring to post-merger integration. They conduct due diligence, negotiate and draft transaction documents, and ensure regulatory compliance.
Debt Restructuring & Insolvency
Debt restructuring and insolvency in banking and finance law focus on assisting financially distressed companies or their creditors. Lawyers help restructure debts to avoid bankruptcy or navigate the insolvency process when necessary. They negotiate with creditors, develop restructuring plans, and advise on legal options for debt relief. In insolvency cases, they guide clients through bankruptcy proceedings, asset liquidation, and creditor negotiations. Key tasks include drafting restructuring agreements, representing clients in court, and ensuring compliance with insolvency laws. Lawyers must balance the interests of various stakeholders, including debtors, creditors, and shareholders.
Fintech & Digital Banking
Fintech and digital banking law addresses the legal challenges arising from technological innovations in financial services. Lawyers in this field advise on regulatory compliance for new financial technologies, such as mobile payment systems, robo-advisors, and blockchain applications. They help fintech startups navigate licensing requirements and established banks integrate new technologies. Key issues include data protection, cybersecurity, and consumer protection in digital finance. Lawyers assist in structuring partnerships between traditional banks and fintech companies, addressing intellectual property concerns, and ensuring compliance with evolving regulations.
Our Experience
- Successfully advised on numerous mergers and acquisitions in Nepal’s banking sector
- Represented major international banks in establishing operations in Nepal
- Assisted in the structuring and execution of several landmark project finance transactions
- Provided legal counsel for multiple successful initial public offerings (IPOs) and bond issuances by Nepalese financial institutions
- Successfully represented clients in Banking Litigation
- Advised on complex cross-border financing arrangements involving multiple jurisdictions