In 2024, the Government of Nepal,
through the Ministry of Law, Justice, and Parliamentary Affairs, introduced
Ordinance No. 01 of 2081 to amend various laws concerning investment
facilitation. A major development under this Ordinance is the inclusion of new
legal provisions within the Industrial Enterprise Act, 2020, specifically
focusing on start-up enterprises or businesses.
This article highlights the key
features of these new provisions introduced for startups.
Eligibility for Startup
Registration in Nepal
The definition of a “startup
enterprise or business” is now incorporated into Section 2(p1) of the
Industrial Enterprise Act, with detailed criteria outlined in Section 4A.
To qualify as a startup under
Nepalese law, the business must be a company or firm engaged in commercial
activities rooted in innovative research, creativity, and new technology,
particularly in the development, production, operation, or distribution
of goods, services, or processes.
The specific conditions for
startup registration include:
-The entity must be newly registered as a company,
private firm, or partnership firm;
-It must incorporate innovative ideas and
technologies into its operations;
-It should demonstrate potential for rapid
growth or scaling;
-The business must have been registered within
the last 10 years; and
-Its annual turnover in any fiscal year
after registration must not exceed NPR 150 million.
Establishment of Business
Incubation Centres
To promote the growth of startup
businesses, federal, provincial, and local governments are authorized to
establish Business Incubation Centres under Section 4A of the Act. These
centers aim to support startups by offering necessary infrastructure,
mentorship, and networking opportunities.
Regulation and Maintenance of
Records
The designated registration
authority will oversee the regulation of startups as per the
provisions of Section 4A. It is also responsible for maintaining a separate
register containing detailed information about all registered startup
enterprises.
Formulation of Guidelines and
Procedures
Under Sections 68(1) (E1)
and 68(1) (E2) of the Industrial Enterprise Act, the Government of
Nepal is empowered to issue procedures, guidelines, and criteria
concerning the registration, regulation, and operation of startups and
incubation centers. These regulations are intended to ensure a structured and
efficient ecosystem for emerging businesses.
Conclusion
The inclusion of startup-specific
provisions in Nepal’s legal framework represents a forward-looking step
toward encouraging entrepreneurship and innovation. By simplifying the
registration process and facilitating support through incubation centers, the
amendment seeks to establish an ecosystem where startups can grow and thrive in
a more enabling environment.