Practice Overview
Commercial and contract law forms a crucial pillar of Nepal’s legal framework, governing business transactions, agreements, and commercial relationships. As Nepal continues to develop its economy and attract both domestic and foreign investment, the importance of robust commercial and contract law practices has grown significantly.
The Commercial Code 2017 serves as the primary legislation governing commercial activities in Nepal, complemented by various other acts such as the Companies Act, Foreign Investment and Technology Transfer Act, and the Contract Act. These laws collectively provide the legal foundation for business operations, contractual obligations, and dispute resolution in commercial matters.
In recent years, Nepal has made efforts to modernize its commercial laws to align with international standards and facilitate ease of doing business. This includes reforms in areas such as company registration, foreign investment policies, and intellectual property rights. However, challenges remain in terms of enforcement and interpretation of these laws, making the role of specialized commercial lawyers increasingly important.
Commercial and contract law in Nepal encompasses a wide range of areas, including but not limited to business formations, mergers and acquisitions, commercial contracts, intellectual property, banking and finance, and dispute resolution.
The Prime Factor
Our expertise in Contract and Commercial Law is one of our core strengths. We have a deep understanding of the challenges involved in drafting, negotiating, and enforcing contracts
Contract & Commercial Lawyer in Nepal
Our Services
This area involves advising clients on selecting and establishing appropriate business entities. Lawyers help entrepreneurs choose between options like corporations, limited liability companies, partnerships, or sole proprietorships. They guide clients through the legal requirements for formation, including filing necessary documents, drafting bylaws or operating agreements, and obtaining licenses and permits. Attorneys also assist with structuring ownership, management roles, and decision-making processes. They consider factors such as liability protection, tax implications, and future growth plans.
Lawyers work with clients to understand their objectives and translate them into clear, enforceable contract terms. They draft various documents, including employment contracts, service agreements, leases, and purchase orders. Attorneys ensure contracts comply with applicable laws, address potential risks, and protect their clients' interests. When reviewing existing contracts, lawyers identify potential issues, suggest modifications, and explain implications to clients. They negotiate terms with other parties, striving for favorable outcomes while maintaining legal compliance.
Commercial lawyers handle a wide range of agreements essential for business operations and transactions. These may include partnership agreements, shareholder agreements, non-disclosure agreements, licensing agreements, and distribution contracts. Attorneys work to create comprehensive documents that clearly outline parties' rights, obligations, and expectations. They address key issues such as payment terms, performance standards, warranties, and termination conditions. Lawyers ensure agreements comply with relevant laws and industry standards. They also anticipate potential disputes and include provisions for conflict resolution.
This area involves securing legal protection for clients' intellectual assets. Lawyers assist with registering trademarks, copyrights, and patents. For trademarks, they conduct searches to ensure availability, prepare and file applications, and respond to office actions from trademark offices. Copyright registration involves submitting appropriate documentation to protect original works of authorship. Patent registration is a complex process where attorneys help inventors document their innovations, conduct prior art searches, and navigate the patent application process. Lawyers also advise on international IP protection strategies. They guide clients in maintaining and renewing registrations.
Lawyers assess disputes, advise on potential outcomes, and develop strategies for resolution. They may attempt negotiation or mediation to reach settlements outside of court. When litigation is necessary, attorneys prepare and file legal documents, gather evidence, interview witnesses, and represent clients in court. They argue motions, conduct trials, and handle appeals if needed. Commercial litigators may specialize in areas such as contract disputes, shareholder conflicts, or intellectual property infringement. The goal is to protect clients' interests while seeking efficient and cost-effective resolutions. Lawyers must balance aggressive advocacy with pragmatic considerations of time, expense, and business relationships.
Lawyers help foreign investors navigate local laws, regulations, and business practices when establishing operations in new markets. They assist with structuring investments, obtaining necessary approvals, and ensuring compliance with foreign investment laws. For joint ventures, attorneys draft agreements that define the relationship between partners, including profit-sharing, management control, and dispute resolution mechanisms. They address complexities such as currency exchange restrictions, tax implications, and cultural differences. Lawyers also advise on risk mitigation strategies and exit planning. This practice requires understanding international trade laws, treaty obligations, and the economic and political landscape of relevant countries.
It focuses on helping organizations establish and maintain proper management structures and regulatory compliance. Lawyers advise on creating effective boards of directors, developing corporate policies, and implementing internal controls. They guide clients in meeting legal and ethical standards across various areas, including financial reporting, data protection, anti-corruption, and industry-specific regulations. Attorneys assist in conducting internal audits, developing compliance programs, and training employees on legal requirements. They help companies navigate complex regulatory environments, manage risks, and respond to regulatory inquiries or investigations.
Our Experience
- Successfully assisted in the formation and structuring of over businesses across various sectors in Nepal
- Drafted and negotiated complex commercial contracts for multinational corporations operating in Nepal
- Provided legal counsel for several high-profile mergers and acquisitions in the banking and telecommunications sectors
- Successfully represented clients in commercial arbitration proceedings.
- Advised foreign investors on regulatory compliance and structuring of investments in Nepal’s hydropower sector
- Successfully defended clients in commercial litigation before the Supreme Court of Nepal