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Economy Profile Nepal Nepal Doing Business 2020 Page 1

Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

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Page 1: Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

Economy Profile

Nepal

NepalDoing Business 2020

Page 1

Page 2: Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

Economy Profile of Nepal

Doing Business 2020 Indicators(in order of appearance in the document)

Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company

Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safetymechanisms in the construction permitting system

Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and thetransparency of tariffs

Registering property Procedures, time and cost to transfer a property and the quality of the land administration system

Getting credit Movable collateral laws and credit information systems

Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance

Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as postfilingprocesses

Trading across borders Time and cost to export the product of comparative advantage and import auto parts

Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes

Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework forinsolvency

Employing workers Flexibility in employment regulation and redundancy cost

NepalDoing Business 2020

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Page 3: Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

About Doing Business

The project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational andregional level.

Doing Business

The project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their lifecycle.

Doing Business

captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation forstarting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading acrossborders, enforcing contracts and resolving insolvency. also measures features of employing workers. Although does not present rankingsof economies on the employing workers indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it doespresent the data for these indicators.

Doing Business

Doing Business Doing Business

By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, encourageseconomies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sectorresearchers and others interested in the business climate of each economy.

Doing Business

In addition, offers detailed , which exhaustively cover business regulation and reform in different cities and regions within a nation.These studies provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selectedcities can compare their business regulations with other cities in the economy or region and with the 190 economies that has ranked.

Doing Business subnational studies

Doing Business

The first study, published in 2003, covered 5 indicator sets and 133 economies. This year’s study covers 11 indicator sets and 190 economies. Mostindicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013(Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where also collected datafor the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited fromfeedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving theregulatory environment for business around the world.

Doing Business

Doing Business

To learn more about please visitDoing Business doingbusiness.org

NepalDoing Business 2020

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Page 4: Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

Ease of Doing Business in

NepalRegion South Asia

Income Category Low income

Population 28,087,871

City Covered Kathmandu

94

DB RANK DB SCORE

63.2

Rankings on Doing Business topics - Nepal

135

107

135

97

37

79

175

60

151

87

Startinga

Business

Dealingwith

ConstructionPermits

GettingElectricity

RegisteringProperty

GettingCredit

ProtectingMinorityInvestors

PayingTaxes

TradingacrossBorders

EnforcingContracts

ResolvingInsolvency

Topic Scores

81.7 67.3 60.9 63.6 75.0 58.0 47.1 85.1 46.0 47.2

(rank)Starting a Business 135Score of starting a business (0-100) 81.7Procedures (number) 8Time (days) 22.5Cost (number) 20.2Paid-in min. capital (% of income per capita) 0.0

(rank)Dealing with Construction Permits 107Score of dealing with construction permits (0-100) 67.3Procedures (number) 12Time (days) 118Cost (% of warehouse value) 8.6Building quality control index (0-15) 10.0

(rank)Getting Electricity 135Score of getting electricity (0-100) 60.9Procedures (number) 5Time (days) 49Cost (% of income per capita) 785.8Reliability of supply and transparency of tariff index (0-8) 0

(rank)Registering Property 97Score of registering property (0-100) 63.6Procedures (number) 4Time (days) 6Cost (% of property value) 5.8Quality of the land administration index (0-30) 6.0

(rank)Getting Credit 37Score of getting credit (0-100) 75.0Strength of legal rights index (0-12) 10Depth of credit information index (0-8) 5Credit registry coverage (% of adults) 0.0Credit bureau coverage (% of adults) 7.3

(rank)Protecting Minority Investors 79Score of protecting minority investors (0-100) 58.0Extent of disclosure index (0-10) 6.0Extent of director liability index (0-10) 1.0Ease of shareholder suits index (0-10) 9.0Extent of shareholder rights index (0-6) 5.0Extent of ownership and control index (0-7) 4.0Extent of corporate transparency index (0-7) 4.0

(rank)Paying Taxes 175Score of paying taxes (0-100) 47.1Payments (number per year) 46Time (hours per year) 377Total tax and contribution rate (% of profit) 41.8Postfiling index (0-100) 33.3

(rank)Trading across Borders 60Score of trading across borders (0-100) 85.1Time to export

Documentary compliance (hours) 43Border compliance (hours) 11Cost to export

Documentary compliance (USD) 110Border compliance (USD) 103Time to export

Documentary compliance (hours) 48Border compliance (hours) 11Cost to export

Documentary compliance (USD) 80Border compliance (USD) 190

(rank)Enforcing Contracts 151Score of enforcing contracts (0-100) 46.0Time (days) 910Cost (% of claim value) 27.3Quality of judicial processes index (0-18) 6.0

(rank)Resolving Insolvency 87Score of resolving insolvency (0-100) 47.2Recovery rate (cents on the dollar) 41.2Time (years) 2.0Cost (% of estate) 9.0Outcome (0 as piecemeal sale and 1 as goingconcern)

0

Strength of insolvency framework index (0-16) 8.0

NepalDoing Business 2020

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Page 5: Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

Starting a Business

This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up andformally operate in each economy’s largest business city.

To make the data comparable across 190 economies, uses a standardized business that is 100% domestically owned, has start-up capital equivalent to10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement ofoperations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that onecompany is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting theirscores for starting a business. These scores are the simple average of the scores for each of the component indicators.

Doing Business

The most recent round of data collection for the project was completed in May 2019. .See the methodology for more information

What the indicators measure

Procedures to legally start and formally operate a company(number)

Preregistration (for example, name verification or reservation,notarization)

Registration in the economy’s largest business city•Postregistration (for example, social security registration,company seal)

Obtaining approval from spouse to start a business or to leavethe home to register the company

Obtaining any gender specific document for companyregistration and operation or national identification card

Time required to complete each procedure (calendar days)

Does not include time spent gathering information•Each procedure starts on a separate day (2 procedures cannotstart on the same day)

Procedures fully completed online are recorded as ½ day•Procedure is considered completed once final document isreceived

No prior contact with officials•Cost required to complete each procedure (% of income percapita)

Official costs only, no bribes•No professional fees unless services required by law orcommonly used in practice

Paid-in minimum capital (% of income per capita)

• Funds deposited in a bank or with third party before registrationor up to 3 months after incorporation

Case study assumptions

To make the data comparable across economies, several assumptions about the business and theprocedures are used. It is assumed that any required information is readily available and that theentrepreneur will pay no bribes.

The business:

-Is a limited liability company (or its legal equivalent). If there is more than one type of limitedliability company in the economy, the limited liability form most common among domestic firms ischosen. Information on the most common form is obtained from incorporation lawyers or thestatistical office.-Operates in the economy’s largest business city. For 11 economies the data are also collected forthe second largest business city.-Performs general industrial or commercial activities such as the production or sale to the public ofgoods or services. The business does not perform foreign trade activities and does not handleproducts subject to a special tax regime, for example, liquor or tobacco. It is not using heavilypolluting production processes.-Does not qualify for investment incentives or any special benefits.-Is 100% domestically owned.-Has five business owners, none of whom is a legal entity. One business owner holds 30% of thecompany shares, two owners have 20% of shares each, and two owners have 15% of shareseach.-Is managed by one local director.-Has between 10 and 50 employees one month after the commencement of operations, all of themdomestic nationals.-Has start-up capital of 10 times income per capita.-Has an estimated turnover of at least 100 times income per capita.-Leases the commercial plant or offices and is not a proprietor of real estate.-Has an annual lease for the office space equivalent to one income per capita.-Is in an office space of approximately 929 square meters (10,000 square feet).-Has a company deed that is 10 pages long.

The owners:

-Have reached the legal age of majority and are capable of making decisions as an adult. If thereis no legal age of majority, they are assumed to be 30 years old.-Are in good health and have no criminal record.-Are married, the marriage is monogamous and registered with the authorities.-Where the answer differs according to the legal system applicable to the woman or man inquestion (as may be the case in economies where there is legal plurality), the answer used will bethe one that applies to the majority of the population.

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Starting a Business - Nepal

Figure – Starting a Business in Nepal – Score

Procedures

58.8

Time

77.9

Cost

89.9

Paid-in min. capital

100.0

Figure – Starting a Business in Nepal and comparator economies – Ranking and Score

DB 2020 Starting a Business Score

0 100

94.1: China (Rank: 27)

88.2: Sri Lanka (Rank: 85)

86.4: Bhutan (Rank: 103)

86.3: Regional Average (South Asia)

81.7: Nepal (Rank: 135)

81.6: India (Rank: 136)

Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average ofthe scores for each of the component indicators.

Standardized Company

Legal form Private Limited Liability Company

Paid-in minimum capital requirement No minimum

City Covered Kathmandu

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Procedure – Men (number) 8 7.1 4.9 1 (2 Economies)

Time – Men (days) 22.5 14.5 9.2 0.5 (New Zealand)

Cost – Men (% of income per capita) 20.2 8.3 3.0 0.0 (2 Economies)

Procedure – Women (number) 8 7.3 4.9 1 (2 Economies)

Time – Women (days) 22.5 14.6 9.2 0.5 (New Zealand)

Cost – Women (% of income per capita) 20.2 8.3 3.0 0.0 (2 Economies)

Paid-in min. capital (% of income per capita) 0.0 0.2 7.6 0.0 (120 Economies)

NepalDoing Business 2020

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Page 7: Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

Figure – Starting a Business in Nepal – Procedure, Time and Cost

This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.*

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the website ( ). For details on the proceduresreflected here, see the summary below.

Doing Business http://doingbusiness.org/en/methodology

Procedures (number)1 2 3 4 5 6 7 8

0

5

10

15

20

Tim

e (d

ays)

0

2

4

6

8

10

Cost

(% o

f inc

ome

per c

apita

)

Time (days) Cost (% of income per capita)

NepalDoing Business 2020

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Page 8: Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

Details – Starting a Business in Nepal – Procedure, Time and Cost

No. Procedures Time to Complete Associated Costs

1 Verify the uniqueness of the proposed company name and reserve it online: Office of the Company Registrar ("OCR")Agency

Verification of the uniqueness of a company name and name reservation can be done free ofcharge online at http://www.ocr.gov.np/index.php/en/. After the request for unique namereservation is submitted online, the founder(s) will receive email and notification on approval orrejection for the request from the Office of Company Registrar.

Less than a day (onlineprocedure)

no charge

2 A professional verifies and certifies the memorandum and articles of association: Professional Agency (lawyers, CA and legal practitioners)Agency

Although professional verification or certification prior to submission to the official agency is nolonger mandatory, entrepreneurs continue to use the services of legal professionals for verifyingand drafting the memorandum and articles of association in practice. Although templates areavailable on the OCR website, entrepreneurs still prefer to use services of legal professionalsbecause the templates provide basic guidelines and require technical expertise for preparation.

5 days NPR 10,000

3 Buy a stamp to be attached to registration form: Post OfficeAgency

Company founders can buy a stamp to be attached to the registration form for NPR 5 at the PostOffice. The stamp must be provided to the Office of the Company Registrar .

1 day NPR 5

4 Register at the Office of the Company Registrar, Department of Industry: Office of the Company RegistrarAgency

To register a company, the promoter must submit an application as prescribed by the Ministry ofIndustry, Commerce, and Supplies. Online filing of the required documents has been introducedand made mandatory. After the online filing, entrepreneurs are required to visit the Office ofCompany Registrar and submit all the original documents for further verification. The followingdocuments must be submitted:

- An application in the format as per the ‘ANUSUCHI 1’ along with a 5 rupees stamp attached to it.- Two copies of ‘PRABANDHA PATRA’ (Article of Association) in the format as per ‘ANUSUCHI 2’.- Two copies of ‘NIYAMAWALI’ (Article of Memorandum) in the format as per ‘ANUSUCHI 3’.- Attested copies of the citizenship certificates of the founder shareholders.- In case of a public company, a copy of the agreement made among the founder members beforethe establishment of the company.- In case of a private company, a copy of the mutual agreement (if any).- If the founder company is a Nepali registered company, a copy of the company registrationcertificate, and a copy of the decision of the managing committee regarding details of theinvestment to be made upon the aspiring company, as well as the name and a copy of thecitizenship certificate of the person representing the founding company.

The registration fee is based on the company’s registered capital (according to the index 21):- Up to NPR 100,000 (authorized capital): NPR 1,000.- NPR 100,001 to NPR 500,000: NPR 4,500.- NPR 500,001 to NPR 2,500,000: NPR 9,500.- NPR 2,500,001 to NPR 10,000,000: NPR 16,000.- NPR 10,000,001 to NPR 20,000,000: NPR 19,000.- NPR 20,000,001 to NPR 30,000,000: NPR 22,000.- NPR 30,000,001 to NPR 40,000,000: NPR 25,000.- NPR 40,000,001 to NPR 50,000,000: NPR 28,000.- NPR 50,000,001 to NPR 60,000,000: NPR 31,000.- NPR 60,000,001 to NPR 70,000,000: NPR 34,000.- NPR 70,000,001 to NPR 80,000,000: NPR 37,000.- NPR 80,000,001 to NPR 90,000,000: NPR 40,000.- NPR 90,000,001 to NPR 100,000,000: NPR 43,000.- More than NPR 100,000,000: NPR 43,000 plus NPR 30 for each additional NPR 100,000.

1 week NPR 9,500

5 Make a company rubber stamp: SealmakerAgency

Entrepreneurs obtain a company rubber stamp in practice for the following purposes:

1) Reports and records to be submitted on company's behalf and business letters to be used in itsname2) Statements of accounts, bills, invoices, requisition order forms3) Notices and official publications4) Negotiable instruments, bills of exchange, promissory notes5) Official documents signed or issued on its behalf.

Company founders can make a company rubber stamp at the Seal maker for approximately NPR275-300.

1 day NPR 275

NepalDoing Business 2020

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Takes place simultaneously with previous procedure.

6 Register at the Local Ward and pay business registration tax: Local Ward OfficeAgency

Section 3(19) of Schedule 1 of the Local Governance Ordinance 2017 issued by Ministry ofFederal Affairs and General Administration mandates business registration at the local ward.During business registration at the Local Ward an entrepreneur needs to bring the followingdocuments: registration certificate from OCR, memorandum of association, articles of association,shareholder’s agreement, application form, lease agreement, and details of the property. Thereare 741 local units in Nepal, and around 30 local units in Kathmandu. The business registrationtime depends on the local ward and varies between 1 to 5 days.

The amount of the business registration tax depends on the nature of the business and its size.The business tax for a general retail business varies between NPR 1,000 - 3,000 in Kathmandu.

Under the Inter-governmental Fiscal Management Act 2017 and Notice of Ministry of Financepublished in the Nepal Gazette dated 23 April 2018, Nepali businesses also are required to paythe rental tax withholding at the local ward instead of the Inland Revenue Service (IRD). However,the rental tax can be paid at the IRD if the lessor is a corporate body. Nevertheless, the businessis required to be registered with the Local Ward and pay the business registration tax to the LocalWard office before registering for VAT tax at the IRD.

2 days on average NPR 2,000

7 Register for VAT and Income Tax, and Withhold Rental Tax at the Inland Revenue Office: Inland Revenue OfficeAgency

As per Income Tax Act, 2058 (2002), Section 78, each company should be registered for IncomeTax purpose in the Inland Revenue Office and get a Permanent Account Number (PAN) beforestarting any business. If the company's objectives include goods or services subject to VAT, bothregistration (VAT and Income Tax) should be obtained simultaneously.

According to the Value Added Tax Act 2052, of 1996, the company must disclose the officeaddress and withhold 10% tax of the rent for at least 3 months and deposit it to the tax office.Advance rental tax can be paid at the Tax Office itself if the lessor is a corporate body andadvance rental tax should be paid at the Ward Office if the lessor is a natural person.

1 day no charge

8 Enroll the employees in the Social Security Fund: Social Security FundAgency

According to the Labor Act 2017 and Social Security regulations (November 19,2018) companiesare required to deduct every month 10% from the basic salary of each employee, matched by acontribution from the employer. The contribution is made to the Social Security Fund. Theemployer further needs to pay gratuity amount at the rate of 8.33 percent of basic remunerationand deposit at social security fund at the time of payment of services may it be daily or monthly.

The application in the prescribed format must be submitted to the SSF along with the followingdocuments for listing with the SSF:

a) Employer's firm, organization or company registration certificateb) Employer's PAN Certificate or VAT certificatec) Board of Director's Decision on listing with the Fundd) Contributor's (employee) detail

The registration of employee by the employer at SSF must be done within 3 months of enteringinto an employment agreement with such employee. (Section 20(1), Contribution Based SocialSecurity Act 2017). Registration needs to be done online, where number of details of the employerneed to be provided. The Social Security Fund will provide verification to the entity that registersitself via phone or email after the completion of online registration. Applicant must then go to theSocial Security Fund office to receive the Certificate of Registration for completion of theregistration process.

5 days on average no charge

NepalDoing Business 2020

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Dealing with Construction Permits

This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications,requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the buildingquality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professionalcertification requirements. The most recent round of data collection was completed in May 2019. See the methodology for more information

What the indicators measure

Procedures to legally build a warehouse (number)

Submitting all relevant documents and obtaining all necessaryclearances, licenses, permits and certificates

Submitting all required notifications and receiving all necessaryinspections

Obtaining utility connections for water and sewerage•Registering and selling the warehouse after its completion•

Time required to complete each procedure (calendar days)

Does not include time spent gathering information•Each procedure starts on a separate day—though proceduresthat can be fully completed online are an exception to this rule

Procedure is considered completed once final document isreceived

No prior contact with officials•Cost required to complete each procedure (% of income percapita)

Official costs only, no bribes•Building quality control index (0-15)

Quality of building regulations (0-2)•Quality control before construction (0-1)•Quality control during construction (0-3)•Quality control after construction (0-3)•Liability and insurance regimes (0-2)•Professional certifications (0-4)•

Case study assumptions

To make the data comparable across economies, several assumptions about the constructioncompany, the warehouse project and the utility connections are used.

The construction company (BuildCo):

- Is a limited liability company (or its legal equivalent) and operates in the economy’s largestbusiness city. For 11 economies the data are also collected for the second largest business city.- Is 100% domestically and privately owned; has five owners, none of whom is a legal entity. Has alicensed architect and a licensed engineer, both registered with the local association of architectsor engineers. BuildCo is not assumed to have any other employees who are technical or licensedexperts, such as geological or topographical experts.- Owns the land on which the warehouse will be built and will sell the warehouse upon itscompletion.

The warehouse:

- Will be used for general storage activities, such as storage of books or stationery.- Will have two stories, both above ground, with a total constructed area of approximately 1,300.6square meters (14,000 square feet). Each floor will be 3 meters (9 feet, 10 inches) high and will belocated on a land plot of approximately 929 square meters (10,000 square feet) that is 100%owned by BuildCo, and the warehouse is valued at 50 times income per capita.- Will have complete architectural and technical plans prepared by a licensed architect. Ifpreparation of the plans requires such steps as obtaining further documentation or getting priorapprovals from external agencies, these are counted as procedures.- Will take 30 weeks to construct (excluding all delays due to administrative and regulatoryrequirements).

The water and sewerage connections:

- Will be 150 meters (492 feet) from the existing water source and sewer tap. If there is no waterdelivery infrastructure in the economy, a borehole will be dug. If there is no sewerageinfrastructure, a septic tank in the smallest size available will be installed or built.- Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flowof 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day anda peak wastewater flow of 1,136 liters (300 gallons) a day.- Will have a constant level of water demand and wastewater flow throughout the year; will be 1inch in diameter for the water connection and 4 inches in diameter for the sewerage connection.

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Dealing with Construction Permits - Nepal

Figure – Dealing with Construction Permits in Nepal – Score

Procedures

72.0

Time

73.5

Cost

57.1

Building quality control index

66.7

Figure – Dealing with Construction Permits in Nepal and comparator economies – Ranking and Score

DB 2020 Dealing with Construction Permits Score

0 100

78.7: India (Rank: 27)

77.3: China (Rank: 33)

72.3: Sri Lanka (Rank: 66)

68.9: Bhutan (Rank: 91)

67.3: Nepal (Rank: 107)

65.3: Regional Average (South Asia)

Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scoresare the simple average of the scores for each of the component indicators.

Standardized Warehouse

Estimated value of warehouse NPR 5,398,916.40

City Covered Kathmandu

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Procedures (number) 12 14.6 12.7 None in 2018/19

Time (days) 118 149.7 152.3 None in 2018/19

Cost (% of warehouse value) 8.6 12.5 1.5 None in 2018/19

Building quality control index (0-15) 10.0 9.4 11.6 15.0 (6 Economies)

NepalDoing Business 2020

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Page 12: Economy Profile · 2019-10-24 · Economy Profile of Nepal Doing Business 2020 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in

Figure – Dealing with Construction Permits in Nepal – Procedure, Time and Cost

This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.*

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the website ( ). For details on the proceduresreflected here, see the summary below.

Doing Business http://doingbusiness.org/en/methodology

Procedures (number)1 * 2 * 3 4 5 6 7 8 9 * 10 11 12

0

20

40

60

80

100

Tim

e (d

ays)

0

1

2

3

4

5

6

Cost

(% o

f war

ehou

se v

alue

)

Time (days) Cost (% of warehouse value)

NepalDoing Business 2020

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Figure – Dealing with Construction Permits in Nepal and comparator economies – Measure of Quality

Nepal Bhutan China India SriLanka

SouthAsia

02468

10121416

Inde

x sc

ore 10.0

12.0

15.0 14.5

6.0

9.4

Details – Dealing with Construction Permits in Nepal – Procedure, Time and Cost

No. Procedures Time to Complete Associated Costs

1 Obtain a soil study report: Private Engineering FirmAgency

The Village Development, Urban Planning & Building Relating Fundamental ConstructionStandards 2015 provides that building falling under category A and B are required to conduct soiltest as per the Soil Test Directive of the Ministry of Urban Development.

Sub-section 8(b) of the Building Act 1998 provides that Buildings with plinth area of more thanOne Thousand square feet, with more than Three floors including the ground floor or withstructural span of more than 4.5 meters falls under Category B. The warehouse in the case studyhas only two levels but since the total surface area of the same is approximately 1,300.6 squaremeters which is more than One thousand Square feet so it is necessary to carry out soil test forbuilding such warehouse.

32 days NPR 137,500

2 Obtain a topographical map: Private Engineering ConsultanciesAgency

Topographic Surveys are used to identify and map the contours of the land plot. Its purpose is toserve as a base map for the design of a building. It also shows the boundary lines and is used bydesigners to accurately show the required setbacks. The new bylaws state that buildings up to10m high have to leave a minimum of 1.5m setback from the border of the land plot.

The Department of Surveys makes topographical maps available to the public for a fee for Rs. 150per sheet. Construction companies however often need to hire a private engineering consultingfirm for a more detailed map to show setbacks and boundary lines.

5 days NPR 20,500

3 Obtain a cadastral extract from the Survey Office: Survey OfficeAgency

The cadastral extract is obtained at the Land Revenue Office prior to applying for the buildingpermit.

1 day NPR 100

4 Request and obtain temporary building permit: Kathmandu Metropolitan City (KMC)Agency

The Kathmandu Metropolitan City (KMC) has implemented an online system the Electronic -Building Permit System (E-BPS), allowing for building permit and all design plans and relevantdocuments to be submitted online. The applicant has the option of tracking the status of theirapplication online.

Nepal has a 3 level building permit• First is the permit up to the plinth level• Second is the permit to complete the structure of the building• Third is the completion level

BuildCo must submit the following documents along with the building permit application:

• Identity document of the owner (or company registration certificate)• Certification by a registered architect or engineer• Cadastral extract• Proof of land ownership/lease• Building plans• Location plan• Site plan• Proof of tax payment• Structural plans (not required for buildings with ground coverage area of less than 1,000 sq. ft.and less than 3 stories)

In addition to the building permit fee, the Urban Development Department also charges a designerfee of NPR 2,000.00. The project designer must be licensed by the Department. The license iscalled Certificate of Designer and is renewed every year at the Municipality. The annual fee isNPR 3,000.00. The Municipality charges an additional NPR 2,000.00 for each building design.

30 days NPR 282,000

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Takes place simultaneously with previous procedure.

5 Receive on-site inspection: Ward OfficeAgency

The Ward Office visits the site and distributes a notice to neighbors.

1 day no charge

6 Conduct plinth level inspection: Municipality or Town Development CommitteeAgency

Before issuance of the construction permit, an on-site inspection is conducted by an official fromthe Municipality or the Town Development Committee to ensure that the construction (up to plinthlevel) conforms to the approved drawings. BuildCo's engineer or architect must be present duringthe inspection.

4 days no charge

7 Request and obtain the permanent construction permit: Municipality or Town Development CommitteeAgency

After inspecting the construction site, the Municipality's engineer writes a "site report" and issues apermit for construction above the plinth level.

21 days no charge

8 Request and receive final inspection from the Municipality: Kathmandu Metropolitan City (KMC)Agency

Before issuance of the completion certificate, the Municipality conducts an on-site inspection tocheck if the construction conforms to the approved drawings. An inspector visits the site in 2 -- 3days after the request for completion certificate and writes a report to the more senior engineer.

5 days no charge

9 Obtain completion certificate: Kathmandu Metropolitan City (KMC)Agency

Four signatures are required on the completion certificate:• Junior engineer• Senior engineer• Chief engineer of Kathmandu Metropolitan City• Departmental engineer

10 days no charge

10Request water and sewage connection

: Kathmandu Upatyaka Khanepani Limited (KUKL)AgencyThe application for water supply connection is submitted to Kathmandu Upatyaka KhanepaniLimited (KUKL) with all the required documentation. For sewerage there is no need to submit anapplication to KUKL. KUKL will review the documentation and provide a recommendation letterallowing road cutting to the Division of the Department of Roads (DoR) for a sewerage connection.

1 day no charge

11 Receive inspection from the Drinking Water and Sewerage Offices: Kathmandu Upatyaka Khanepani Limited (KUKL)Agency

After receiving the application for water connection, KUKL sends a technical team for siteinspection and prepares the cost estimate for the connection.

1 day no charge

12 Obtain water and sewage connection: Kathmandu Upatyaka Khanepani Limited (KUKL)Agency

The customer is expected to acquire all pipes and materials for the water and sewerageconnection. A technical team will make the connection to the distribution line and install the watermeter one to two weeks after the inspection is conducted.

14 days NPR 23,549

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Details – Dealing with Construction Permits in Nepal – Measure of Quality

Answer Score

Building quality control index (0-15) 10.0

Quality of building regulations index (0-2) 2.0

How accessible are building laws and regulations in your economy? (0-1) Available online; Freeof charge.

1.0

Which requirements for obtaining a building permit are clearly specified in the building regulations or on anyaccessible website, brochure or pamphlet? (0-1)

List of requireddocuments; Fees tobe paid; Requiredpreapprovals.

1.0

Quality control before construction index (0-1) 1.0

Which third-party entities are required by law to verify that the building plans are in compliance with existingbuilding regulations? (0-1)

Licensed architect;Licensed engineer;Private firm.

1.0

Quality control during construction index (0-3) 2.0

What types of inspections (if any) are required by law to be carried out during construction? (0-2) Inspections by in-house engineer;Inspections at variousphases.

1.0

Do legally mandated inspections occur in practice during construction? (0-1) Mandatoryinspections arealways done inpractice.

1.0

Quality control after construction index (0-3) 3.0

Is there a final inspection required by law to verify that the building was built in accordance with the approvedplans and regulations? (0-2)

Yes, final inspectionis done bygovernment agency.

2.0

Do legally mandated final inspections occur in practice? (0-1) Final inspectionalways occurs inpractice.

1.0

Liability and insurance regimes index (0-2) 0.0

Which parties (if any) are held liable by law for structural flaws or problems in the building once it is in use(Latent Defect Liability or Decennial Liability)? (0-1)

No party is held liableunder the law.

0.0

Which parties (if any) are required by law to obtain an insurance policy to cover possible structural flaws orproblems in the building once it is in use (Latent Defect Liability Insurance or Decennial Insurance)? (0-1)

No party is requiredby law to obtaininsurance .

0.0

Professional certifications index (0-4) 2.0

What are the qualification requirements for the professional responsible for verifying that the architectural plansor drawings are in compliance with existing building regulations? (0-2)

University degree inarchitecture orengineering; Being aregistered architect orengineer.

1.0

What are the qualification requirements for the professional who supervises the construction on the ground? (0-2)

University degree inengineering,construction orconstructionmanagement; Beinga registered architector engineer.

1.0

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Getting Electricity

This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally,the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of datacollection for the project was completed in May 2019. .See the methodology for more information

What the indicators measure

Procedures to obtain an electricity connection (number)

Submitting all relevant documents and obtaining all necessaryclearances and permits

Completing all required notifications and receiving all necessaryinspections

Obtaining external installation works and possibly purchasingmaterial for these works

Concluding any necessary supply contract and obtaining finalsupply

Time required to complete each procedure (calendar days)

Is at least 1 calendar day•Each procedure starts on a separate day•Does not include time spent gathering information•Reflects the time spent in practice, with little follow-up and noprior contact with officials

Cost required to complete each procedure (% of income percapita)

Official costs only, no bribes•Value added tax excluded•

The reliability of supply and transparency of tariffs index (0-8)

Duration and frequency of power outages (0–3)•Tools to monitor power outages (0–1)•Tools to restore power supply (0–1)•Regulatory monitoring of utilities’ performance (0–1)•Financial deterrents limiting outages (0–1)•Transparency and accessibility of tariffs (0–1)•

Price of electricity (cents per kilowatt-hour)*

Price based on monthly bill for commercial warehouse in casestudy

*Note: measures the price of electricity, but it isnot included in the ease of doing business score nor in the rankingon the ease of getting electricity.

Doing Business

Case study assumptions

To make the data comparable across economies, several assumptions about the warehouse, theelectricity connection and the monthly consumption are used.

The warehouse:

- Is owned by a local entrepreneur and is used for storage of goods.- Is located in the economy’s largest business city. For 11 economies the data are also collected forthe second largest business city.- Is located in an area where similar warehouses are typically located and is in an area with nophysical constraints. For example, the property is not near a railway.- Is a new construction and is being connected to electricity for the first time.- Has two stories with a total surface area of approximately 1,300.6 square meters (14,000 squarefeet). The plot of land on which it is built is 929 square meters (10,000 square feet).

The electricity connection:

- Is a permanent one with a three-phase, four-wire Y connection with a subscribed capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 kilowatt (kW).- Has a length of 150 meters. The connection is to either the low- or medium-voltage distributionnetwork and is either overhead or underground, whichever is more common in the area where thewarehouse is located and requires works that involve the crossing of a 10-meter road (such as byexcavation or overhead lines) but are all carried out on public land. There is no crossing of otherowners’ private property because the warehouse has access to a road.- Does not require work to install the internal wiring of the warehouse. This has already beencompleted up to and including the customer’s service panel or switchboard and the meter base.

The monthly consumption:

- It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 p.m. (8 hoursa day), with equipment utilized at 80% of capacity on average and that there are no electricity cuts(assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours(kWh); hourly consumption is 112 kWh.- If multiple electricity suppliers exist, the warehouse is served by the cheapest supplier.- Tariffs effective in January of the current year are used for calculation of the price of electricity forthe warehouse. Although January has 31 days, for calculation purposes only 30 days are used.

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Getting Electricity - Nepal

Figure – Getting Electricity in Nepal – Score

Procedures

66.7

Time

86.5

Cost

90.3

Reliability of supply and transparency oftariff index

0.0

Figure – Getting Electricity in Nepal and comparator economies – Ranking and Score

DB 2020 Getting Electricity Score

0 100

95.4: China (Rank: 12)

89.4: India (Rank: 22)

77.5: Bhutan (Rank: 78)

74.5: Sri Lanka (Rank: 89)

62.6: Regional Average (South Asia)

60.9: Nepal (Rank: 135)

Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of thescores for all the component indicators except the price of electricity.

Figure – Getting Electricity in Nepal – Procedure, Time and Cost

This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.*

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the website ( ). For details on the proceduresDoing Business http://doingbusiness.org/en/methodology

Procedures (number)1 2 3 4 5

0

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Tim

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100

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Cost

(% o

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per c

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)

Time (days) Cost (% of income per capita)

Standardized Connection

Name of utility Nepal Electricity Authority

Price of electricity (US cents per kWh) 12.0

City Covered Kathmandu

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Procedures (number) 5 5.5 4.4 3 (28 Economies)

Time (days) 49 86.1 74.8 18 (3 Economies)

Cost (% of income per capita) 785.8 952.6 61.0 0.0 (3 Economies)

Reliability of supply and transparency of tariff index (0-8) 0 2.7 7.4 8 (26 Economies)

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reflected here, see the summary below.

Figure – Getting Electricity in Nepal and comparator economies – Measure of Quality

Nepal Bhutan China India SriLanka

SouthAsia

012345678

Inde

x sc

ore

0

4

76 6

2.7

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Details – Getting Electricity in Nepal – Procedure, Time and Cost

Takes place simultaneously with previous procedure.

No. Procedures Time to Complete Associated Costs

1 Submit application to Nepal Electricity Authority (NEA) and await site inspection: Nepal Electricity AuthorityAgency

The photocopy of documents needed to be submitted along with application form mentioning theload in kW / MW and type of voltage (low voltage/medium voltage/high voltage) are: citizenship ofowner, land deed, certificate issued from the commerce department to operate the warehouse, taxregistration certificate, construction approval certificate from the municipality, contract agreementbetween land owner and warehouse runner, if the land is leased. No need of notarization, NEApersonnel will attest after verification with the original copies. Approval of load estimate fromdistribution center chief.

7 calendar days NPR 100

2 Receive site inspection by NEA to verify load estimate and provide estimate: Nepal Electricity AuthorityAgency

It is expected that someone from the owner’s side is present during the external site inspection toanswer any questions that NEA personnel might have. NEA personnel will make a site visit toascertain the appropriateness of the place where the energy meter is to be installed, and also theycheck the transformer installed at the consumer's site (As per NEA rule, the consumer has toinstall his own transformer for the load above 50kVA.). Approval of load estimate is needed todecide how much of a supply is needed for the building from distribution center chief.

7 calendar days NPR 0

3 Purchase tested transformer and complete its installation: Private electrical contractorAgency

The transformers are readily available in the market since new manufacturers have startedproducing transformers at the local level. The installation of the transformer is done by a privatecontractor.

14 calendar days NPR 754,005

4 Submit test report and request and receive site inspection: Nepal Electricity AuthorityAgency

Customer makes payment and submits the test certificate to NEA, which was received from theseller of transformer. Further customer awaits for and receives the site inspection.

7 calendar days NPR 94,350

5 Receive final connection by NEA and electricity flow: Nepal Electricity AuthorityAgency

The external connection is done within 2 weeks after the previous procedure and electricity startsflowing.

14 calendar days NPR 0

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Details – Getting Electricity in Nepal – Measure of Quality

Note:

If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index.

If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index.

If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index.

Answer

Reliability of supply and transparency of tariff index (0-8) 0

Total duration and frequency of outages per customer a year (0-3) 0

System average interruption duration index (SAIDI) ..

System average interruption frequency index (SAIFI) ..

What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI N/A

Mechanisms for monitoring outages (0-1) 0

Does the distribution utility use automated tools to monitor outages? No

Mechanisms for restoring service (0-1) 0

Does the distribution utility use automated tools to restore service? No

Regulatory monitoring (0-1) 0

Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of supply? No

Financial deterrents aimed at limiting outages (0-1) 0

Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages exceed a certain cap? No

Communication of tariffs and tariff changes (0-1) 1

Are effective tariffs available online? Yes

Link to the website, if available online https://nea.org.np/admin/assets/uploads/Consumer_Tarrif.pdf

Are customers notified of a change in tariff ahead of the billing cycle? Yes

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Registering Property

This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and abuilding that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The qualityof land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal accessto property rights. The most recent round of data collection for the project was completed in May 2019. .See the methodology for more information

What the indicators measure

Procedures to legally transfer title on immovable property(number)

Preregistration procedures (for example, checking for liens,notarizing sales agreement, paying property transfer taxes)

Registration procedures in the economy's largest business city.•Postregistration procedures (for example, filling title withmunicipality)

Time required to complete each procedure (calendar days)

Does not include time spent gathering information•Each procedure starts on a separate day - though proceduresthat can be fully completed online are an exception to this rule

Procedure is considered completed once final document isreceived

No prior contact with officials•Cost required to complete each procedure (% of propertyvalue)

Official costs only (such as administrative fees, duties andtaxes).

Value Added Tax, Capital Gains Tax and illicit payments areexcluded

Quality of land administration index (0-30)

Reliability of infrastructure index (0-8)•Transparency of information index (0–6)•Geographic coverage index (0–8)•Land dispute resolution index (0–8)•Equal access to property rights index (-2–0)•

Case study assumptions

To make the data comparable across economies, several assumptions about the parties to thetransaction, the property and the procedures are used.

The parties (buyer and seller):

- Are limited liability companies (or the legal equivalent).- Are located in the periurban (that is, on the outskirts of the city but still within its official limits)area of the economy’s largest business city. For 11 economies the data are also collected for thesecond largest business city.- Are 100% domestically and privately owned.- Perform general commercial activities.

The property (fully owned by the seller):

- Has a value of 50 times income per capita, which equals the sale price.- Is fully owned by the seller.- Has no mortgages attached and has been under the same ownership for the past 10 years.- Is registered in the land registry or cadastre, or both, and is free of title disputes.- Is located in a periurban commercial zone (that is, on the outskirts of the city but still within itsofficial limits), and no rezoning is required.- Consists of land and a building. The land area is 557.4 square meters (6,000 square feet). A two-story warehouse of 929 square meters (10,000 square feet) is located on the land. The warehouseis 10 years old, is in good condition, has no heating system and complies with all safety standards,building codes and legal requirements. The property, consisting of land and building, will betransferred in its entirety.- Will not be subject to renovations or additional construction following the purchase.- Has no trees, natural water sources, natural reserves or historical monuments of any kind.- Will not be used for special purposes, and no special permits, such as for residential use,industrial plants, waste storage or certain types of agricultural activities, are required.- Has no occupants, and no other party holds a legal interest in it.

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Registering Property - Nepal

Figure – Registering Property in Nepal – Score

Procedures

75.0

Time

97.6

Cost

61.6

Quality of the land administration index

20.0

Figure – Registering Property in Nepal and comparator economies – Ranking and Score

DB 2020 Registering Property Score

0 100

81.0: China (Rank: 28)

72.6: Bhutan (Rank: 53)

63.6: Nepal (Rank: 97)

51.9: Sri Lanka (Rank: 138)

47.6: India (Rank: 154)

47.6: Regional Average (South Asia)

Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average ofthe scores for each of the component indicators.

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Procedures (number) 4 6.9 4.7 1 (5 Economies)

Time (days) 6 107.8 23.6 1 (2 Economies)

Cost (% of property value) 5.8 7.0 4.2 0.0 (Saudi Arabia)

Quality of the land administration index (0-30) 6.0 9.1 23.2 None in 2018/19

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Figure – Registering Property in Nepal – Procedure, Time and Cost

This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.*

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the website ( ). For details on the proceduresreflected here, see the summary below.

Doing Business http://doingbusiness.org/en/methodology

Procedures (number)1 2 3 4

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Time (days) Cost (% of property value)

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Figure – Registering Property in Nepal and comparator economies – Measure of Quality

Nepal Bhutan China India SriLanka

SouthAsia

0

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5.59.1

Details – Registering Property in Nepal – Procedure, Time and Cost

Takes place simultaneously with previous procedure.

No. Procedures Time to Complete Associated Costs

1 Check for encumbrances of the property: Land Revenue OfficeAgency

Buyers or their lawyers (lekhandas, or paralegals) conduct the property search at the LandRevenue Office to check for encumbrances of the property. The buyer must provide the locationdetails of the property and the period of time that needs to be check.

1 day no charge

2 Obtain tax clearance certificate and certificate of access and building from the Municipality(relevant ward committee)

: MunicipalityAgencyThe seller must go to the local government to certify the type of road that adjoins the property. Theseller has to go to the ward committee to obtain the certificate, which can be done in one day. Atax clearance certificate must be obtained from the Municipality regarding the payment of theproperty tax. If the property is not yet registered in the Municipality for tax purposes, it might take afew days to collect the necessary papers of building permit, land deed, land revenue papers, fieldvisit of municipal engineers to verify and assess the property. In any case, it should not take morethan seven days. The value of the property for tax purposes is evaluated by a committee of theLand Revenue Office (comprised of land registry office employees) who take into consideration avariety of metrics, including the current market value, distance to a road, and size of the parceland building.

2 days NPR 7,012.4; (Certificateof access and building (incase of KathmanduMetropolitan City):

Main road: NPR. 2000(The land area is less thanor equal to 4 Anna) / NPR.500 per Anna (The landarea exceeds 4 Anna)

Side road: NPR. 1500(The land area is less thanor equal to 4 Anna) / NPR.400 per Anna (The landarea exceeds 4 Anna)

Gravel/unpaved road:NPR. 1000 (The land areais less than or equal to 4Anna) / NPR. 300 perAnna (The land areaexceeds 4 Anna)

Track road: NPR. 800 (Theland area exceeds orequal to 4 Anna) / NPR.200 per Anna (The landarea exceeds 4 Anna))

3 Prepare a transfer deed document: Lawyer's OfficeAgency

Legally, the parties can prepare the transfer deed documents by themselves, but it usually is doneby the lekhandas, or paralegals. The deed documents are a certificate of citizenship, certificate ofownership, and a tax clearance certificate. The lekhandas can help the seller verify the landownership certificate with the original land ownership book before preparing the deed.

1 day NPR 7,000

4 Registration of the deed and issuance of a new title certificate: Land Revenue OfficeAgency

The transfer deed is submitted for registration to the Land Revenue Office. The Land RevenueOffice checks the authenticity of the seller against the Citizenship Certificate. The existence ofliens or encumbrances on the property is also reviewed on the same day by the Land RevenueOffice. The registration fee is paid at the Land Revenue Office at the moment of applying forregistration. Parties must sign and put thumbprints on the transfer deed. After the officer verifiesall documents, the transfer deed will be registered, and the title certificate will usually be issued onthe same day. The documentation shall include: Land Ownership Certificate (already inpossession of the seller), Citizenship Certificate of seller and buyer or Incorporation Certificate ofCompany Tax clearance from the Municipality/Village Development Committee (obtained inProcedure 2).

2 days NPR 296,940.4; (5.5% ofthe property value)

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Details – Registering Property in Nepal – Measure of Quality

Answer Score

Quality of the land administration index (0-30) 6.0

Reliability of infrastructure index (0-8) 1.0

Type of land registration system in the economy: Deed RegistrationSystem

What is the institution in charge of immovable property registration? Land Revenue Office

In what format are past and newly issued land records kept at the immovable property registry of the largestbusiness city of the economy —in a paper format or in a computerized format (scanned or fully digital)?

Paper 0.0

Is there a comprehensive and functional electronic database for checking for encumbrances (liens, mortgages,restrictions and the like)?

No 0.0

Institution in charge of the plans showing legal boundaries in the largest business city: Survey Department ofthe Ministry of LandManagement,Cooperatives andPoverty Alleviation

In what format are past and newly issued cadastral plans kept at the mapping agency of the largest businesscity of the economy—in a paper format or in a computerized format (scanned or fully digital)?

Paper 0.0

Is there an electronic database for recording boundaries, checking plans and providing cadastral information(geographic information system)?

No 0.0

Is the information recorded by the immovable property registration agency and the cadastral or mapping agencykept in a single database, in different but linked databases or in separate databases?

Separate databases 0.0

Do the immovable property registration agency and cadastral or mapping agency use the same identificationnumber for properties?

Yes 1.0

Transparency of information index (0–6) 2.5

Who is able to obtain information on land ownership at the agency in charge of immovable property registrationin the largest business city?

Only intermediariesand interested parties

0.0

Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how?

Yes, online 0.5

Link for online access: http://dolrm.gov.np/office/118/content/12

Is the applicable fee schedule for any type of property transaction at the agency in charge of immovable propertyregistration in the largest business city made publicly available–and if so, how?

Yes, online 0.5

Link for online access: http://dolrm.gov.np/office/118/content/11http://dolrm.gov.np/api/utilities/registration_rate.php

Does the agency in charge of immovable property registration agency formally commit to deliver a legallybinding document that proves property ownership within a specific timeframe –and if so, how does itcommunicate the service standard?

Yes, online 0.5

Link for online access: http://dolrm.gov.np/office/118/content/11

Is there a specific and independent mechanism for filing complaints about a problem that occurred at the agencyin charge of immovable property registration?

No 0.0

Contact information:

Are there publicly available official statistics tracking the number of transactions at the immovable propertyregistration agency?

No 0.0

Number of property transfers in the largest business city in 2018:

Who is able to consult maps of land plots in the largest business city? Only intermediariesand interested parties

0.0

Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, online 0.5

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Link for online access: http://dos.gov.np/?page_id=44

Does the cadastral/mapping agency formally specifies the timeframe to deliver an updated cadastral plan—andif so, how does it communicate the service standard?

Yes, online 0.5

Link for online access: http://dos.gov.np/?page_id=44http://dos.gov.np/wp-content/uploads/2019/04/नापी-कार्यालयबाट-प्रवाह-हुने-सेवाहरु.pdf

Is there a specific and independent mechanism for filing complaints about a problem that occurred at thecadastral or mapping agency?

No 0.0

Contact information:

Geographic coverage index (0–8) 0.0

Are all privately held land plots in the largest business city formally registered at the immovable propertyregistry?

No 0.0

Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0

Are all privately held land plots in the largest business city mapped? No 0.0

Are all privately held land plots in the economy mapped? No 0.0

Land dispute resolution index (0–8) 2.5

Does the law require that all property sale transactions be registered at the immovable property registry to makethem opposable to third parties?

Yes 1.5

Legal basis: Land Revenue Act1978

Is the system of immovable property registration subject to a state or private guarantee? No 0.0

Type of guarantee:

Legal basis: The property(Land/house)transaction of Nepalis based on DeedSystem. Governmentdoes not guaranteethe land property ofthe people.Government is onlythe witness, underdeeds system duringthe transaction ofland or building.

Is there a is a specific, out-of-court compensation mechanism to cover for losses incurred by parties whoengaged in good faith in a property transaction based on erroneous information certified by the immovableproperty registry?

No 0.0

Legal basis:

Does the legal system require a control of legality of the documents necessary for a property transaction (e.g.,checking the compliance of contracts with requirements of the law)?

Yes 0.5

If yes, who is responsible for checking the legality of the documents? Registrar;

Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5

If yes, who is responsible for verifying the identity of the parties? Registrar;

Is there a national database to verify the accuracy of government issued identity documents? No 0.0

What is the Court of first instance in charge of a case involving a standard land dispute between two localbusinesses over tenure rights for a property worth 50 times gross national income (GNI) per capita and locatedin the largest business city?

District court

How long does it take on average to obtain a decision from the first-instance court for such a case (withoutappeal)?

More than 3 years 0.0

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Are there publicly available statistics on the number of land disputes at the economy level in the first instancecourt?

No 0.0

Number of land disputes in the economy in 2018:

Equal access to property rights index (-2–0) 0.0

Do unmarried men and unmarried women have equal ownership rights to property? Yes

Do married men and married women have equal ownership rights to property? Yes 0.0

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Getting Credit

This topic explores two sets of issues—the strength of credit reporting systems and the effectiveness of collateral and bankruptcy laws in facilitating lending. The mostrecent round of data collection for the project was completed in May 2019. .See the methodology for more information

What the indicators measure

Strength of legal rights index (0–12)

Rights of borrowers and lenders through collateral laws (0-10)•Protection of secured creditors’ rights through bankruptcy laws(0-2)

Depth of credit information index (0–8)

Scope and accessibility of credit information distributed bycredit bureaus and credit registries (0-8)

Credit bureau coverage (% of adults)

Number of individuals and firms listed in largest credit bureauas a percentage of adult population

Credit registry coverage (% of adults)

Number of individuals and firms listed in credit registry as apercentage of adult population

Case study assumptions

assesses the sharing of credit information and the legal rights of borrowers andlenders with respect to secured transactions through 2 sets of indicators. The depth of creditinformation index measures rules and practices affecting the coverage, scope and accessibility ofcredit information available through a credit registry or a credit bureau. The strength of legal rightsindex measures the degree to which collateral and bankruptcy laws protect the rights of borrowersand lenders and thus facilitate lending. For each economy it is first determined whether a unitarysecured transactions system exists. Then two case scenarios, case A and case B, are used todetermine how a nonpossessory security interest is created, publicized and enforced according tothe law. Special emphasis is given to how the collateral registry operates (if registration of securityinterests is possible). The case scenarios involve a secured borrower, company ABC, and asecured lender, BizBank.

Doing Business

In some economies the legal framework for secured transactions will allow only case A or case B(not both) to apply. Both cases examine the same set of legal provisions relating to the use ofmovable collateral.

Several assumptions about the secured borrower (ABC) and lender (BizBank) are used:

- ABC is a domestic limited liability company (or its legal equivalent).- ABC has up to 50 employees.- ABC has its headquarters and only base of operations in the economy’s largest business city. For11 economies the data are also collected for the second largest business city.- Both ABC and BizBank are 100% domestically owned.

The case scenarios also involve assumptions. In case A, as collateral for the loan, ABC grantsBizBank a nonpossessory security interest in one category of movable assets, for example, itsmachinery or its inventory. ABC wants to keep both possession and ownership of the collateral. Ineconomies where the law does not allow nonpossessory security interests in movable property,ABC and BizBank use a fiduciary transfer-of-title arrangement (or a similar substitute fornonpossessory security interests).

In case B, ABC grants BizBank a business charge, enterprise charge, floating charge or anycharge that gives BizBank a security interest over ABC’s combined movable assets (or as much ofABC’s movable assets as possible). ABC keeps ownership and possession of the assets.

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Getting Credit - Nepal

Figure – Getting Credit in Nepal – Score

Score - Getting Credit

75.0

Figure – Getting Credit in Nepal and comparator economies – Ranking and Score

DB 2020 Getting Credit Score

0 100

80.0: India (Rank: 25)

75.0: Nepal (Rank: 37)

60.0: China (Rank: 80)

55.0: Bhutan (Rank: 94)

53.1: Regional Average (South Asia)

40.0: Sri Lanka (Rank: 132)

Note: The ranking of economies on the ease of getting credit is determined by sorting their scores for getting credit. These scores are the sum of the scores for thestrength of legal rights index and the depth of credit information index.

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Strength of legal rights index (0-12) 10 5.5 6.1 12 (5 Economies)

Depth of credit information index (0-8) 5 5.1 6.8 8 (53 Economies)

Credit registry coverage (% of adults) 0.0 5.1 24.4 100.0 (2 Economies)

Credit bureau coverage (% of adults) 7.3 21.0 66.7 100.0 (14 Economies)

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Figure – Legal Rights in Nepal and comparator economies

Nepal Bhutan China India SriLanka

SouthAsia

0

2

4

6

8

10

12

Inde

x Sc

ore

10

4 4

9

2

5.5

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Details – Legal Rights in Nepal

Strength of legal rights index (0-12) 10

Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and enforcement of functional equivalentsto security interests in movable assets exist in the economy?

Yes

Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without requiring a specific descriptionof collateral?

Yes

Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a specific description ofcollateral?

Yes

May a security right extend to future or after-acquired assets, and does it extend automatically to the products, proceeds and replacements of theoriginal assets?

Yes

Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties;and can the collateral agreement include a maximum amount for which the assets are encumbered?

Yes

Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by asset type, with anelectronic database indexed by debtor's name?

Yes

Does a notice-based collateral registry exist in which all functional equivalents can be registered? Yes

Does a modern collateral registry exist in which registrations, amendments, cancellations and searches can be performed online by any interested thirdparty?

Yes

Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor defaults outside an insolvency procedure? No

Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is liquidated? Yes

Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure? Does the lawprotect secured creditors’ rights by providing clear grounds for relief from the stay and sets a time limit for it?

No

Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow the secured creditor to sellthe collateral through public auction or private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt?

Yes

Figure – Credit Information in Nepal and comparator economies

Nepal Bhutan China India SriLanka

SouthAsia

0123456789

Inde

x Sc

ore

5

78

76

5.1

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Details – Credit Information in Nepal

Note: An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adultpopulation, the total score on the depth of credit information index is 0.

Depth of credit information index (0-8) Credit bureau Credit registry Score

Are data on both firms and individuals distributed? Yes No 1

Are both positive and negative credit data distributed? Yes No 1

Are data from retailers or utility companies - in addition to data from banks andfinancial institutions - distributed?

No No 0

Are at least 2 years of historical data distributed? (Credit bureaus and registriesthat distribute more than 10 years of negative data or erase data on defaults assoon as they are repaid obtain a score of 0 for this component.)

Yes No 1

Are data on loan amounts below 1% of income per capita distributed? Yes No 1

By law, do borrowers have the right to access their data in the credit bureau orcredit registry?

No No 0

Can banks and financial institutions access borrowers’ credit information online(for example, through an online platform, a system-to-system connection orboth)?

Yes No 1

Are bureau or registry credit scores offered as a value-added service to helpbanks and financial institutions assess the creditworthiness of borrowers?

No No 0

Coverage Credit bureau Credit registry

Number of individuals 1,039,308 0

Number of firms 261,753 0

Total 1,301,061 0

Percentage of adult population 7.3 0.0

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Protecting Minority Investors

This topic measures the strength of minority shareholder protections against misuse of corporate assets by directors for their personal gain as well as shareholder rights,governance safeguards and corporate transparency requirements that reduce the risk of abuse. The most recent round of data collection for the project was completedin May 2019. .See the methodology for more information

What the indicators measure

: Disclosure, review, andapproval requirements for related-party transactions

• Extent of disclosure index (0–10)

: Ability of minorityshareholders to sue and hold interested directors liable forprejudicial related-party transactions; Available legalremedies (damages, disgorgement of profits, disqualificationfrom managerial position(s) for one year or more, rescission ofthe transaction)

• Extent of director liability index (0–10)

: Access to internalcorporate documents; Evidence obtainable during trial andallocation of legal expenses

• Ease of shareholder suits index (0–10)

Sum ofthe extent of disclosure, extent of director liability and ease ofshareholder suits indices

• Extent of conflict of interest regulation index (0-30):

: Shareholders’ rightsand role in major corporate decisions

• Extent of shareholder rights index (0-6)

: Governancesafeguards protecting shareholders from undue board controland entrenchment

• Extent of ownership and control index (0-7)

: Corporatetransparency on ownership stakes, compensation, audits andfinancial prospects

• Extent of corporate transparency index (0-7)

: Sum of theextent of shareholders rights, extent of ownership and controland extent of corporate transparency indices

• Extent of shareholder governance index (0–20)

: Sumof the extent of conflict of interest regulation and extent ofshareholder governance indices

• Strength of minority investor protection index (0–50)

Case study assumptions

To make the data comparable across economies, a case study uses several assumptions aboutthe business and the transaction.

- Is a publicly traded corporation listed on the economy’s most important stock exchange.- Has a board of directors and a chief executive officer (CEO) who may legally act on behalf ofBuyer where permitted, even if this is not specifically required by law.- Has a supervisory board in economies with a two-tier board system on which Mr. Jamesappointed 60% of the shareholder-elected members.- Has not adopted bylaws or articles of association that go beyond the minimum requirements.Does not follow codes, principles, recommendations or guidelines that are not mandatory.- Is a manufacturing company with its own distribution network.

The business (Buyer):

- Mr. James owns 60% of Buyer, sits on Buyer’s board of directors and elected two directors toBuyer’s five-member board.- Mr. James also owns 90% of Seller, a company that operates a chain of retail hardware stores.Seller recently closed a large number of its stores.- Mr. James proposes that Buyer purchase Seller’s unused fleet of trucks to expand Buyer’sdistribution of its food products, a proposal to which Buyer agrees. The price is equal to 10% ofBuyer’s assets and is higher than the market value.- The proposed transaction is part of the company’s principal activity and is not outside theauthority of the company.- Buyer enters into the transaction. All required approvals are obtained, and all required disclosuresmade—that is, the transaction was not entered into fraudulently.- The transaction causes damages to Buyer. Shareholders sue Mr. James and the executives anddirectors that approved the transaction.

The transaction involves the following details:

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Protecting Minority Investors - Nepal

Figure – Protecting Minority in Nepal – Score

Score - Protecting Minority Investors

58.0

Figure – Protecting Minority Investors in Nepal and comparator economies – Ranking and Score

DB 2020 Protecting Minority Investors Score

0 100

80.0: India (Rank: 13)

72.0: China (Rank: 28)

72.0: Sri Lanka (Rank: 28)

58.0: Nepal (Rank: 79)

57.0: Regional Average (South Asia)

46.0: Bhutan (Rank: 111)

Note: The ranking of economies on the strength of minority investor protections is determined by sorting their scores for protecting minority investors. These scores arethe simple average of the scores for the extent of conflict of interest regulation index and the extent of shareholder governance index.

Stock exchange information

Stock exchange Nepal Stock Exchange

Stock exchange URL http://www.nepalstock.com

Listed firms with equity securities 125

City Covered Kathmandu

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Extent of disclosure index (0-10) 6.0 5.8 6.5 10 (13 Economies)

Extent of director liability index (0-10) 1.0 5.0 5.3 10 (3 Economies)

Ease of shareholder suits index (0-10) 9.0 7.4 7.3 10 (Djibouti)

Extent of shareholder rights index (0-6) 5.0 3.5 4.7 6 (19 Economies)

Extent of ownership and control index (0-7) 4.0 3.6 4.5 7 (9 Economies)

Extent of corporate transparency index (0-7) 4.0 3.3 5.7 7 (13 Economies)

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Figure – Protecting Minority Investors in Nepal and comparator economies – Measure of Quality

Nepal

Bhutan

China

India

Sri Lanka

OECD high income

South Asia

0 5 10 15 20 25 30 35 40 45Sub-Indicator Score

4 1 6 4 5 9

3 4 4 3 3 6

6 4 10 6 5 5

6 7 8 6 6 7

5 5 8 6 5 7

5.6 5.6 6.6 4.3 4.5 7.4

3.9 5.9 6.1 4.4 4.1 7.1

Extent of corporate transparency index (0-7) Extent of director liability index (0-10) Extent of disclosure index (0-10) Extent of ownership and control index (0-7)Extent of shareholder rights index (0-6) Ease of shareholder suits index (0-10)

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Details – Protecting Minority Investors in Nepal – Measure of Quality

Answer Score

Extent of conflict of interest regulation index (0-30)

Extent of disclosure index (0-10) 6.0

Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Board of directorsexcluding interestedmembers

2.0

Must an external body review the terms of the transaction before it takes place? (0-1) No 0.0

Must Mr. James disclose his conflict of interest to the board of directors? (0-2) Full disclosure of allmaterial facts

2.0

Must Buyer disclose the transaction in periodic filings (e.g. annual reports)? (0-2) Disclosure on thetransaction and onthe conflict of interest

2.0

Must Buyer immediately disclose the transaction to the public? (0-2) No disclosureobligation

0.0

Extent of director liability index (0-10) 1.0

Can shareholders representing 10% of Buyer's share capital sue for the damage the transaction caused toBuyer? (0-1)

Yes 1.0

Can shareholders hold Mr. James liable for the damage the transaction caused to Buyer? (0-2) Not liable 0.0

Can shareholders hold the other directors liable for the damage the transaction caused to Buyer? (0-2) Not liable 0.0

Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by shareholders? (0-1) No 0.0

Must Mr. James repay profits made from the transaction upon a successful claim by shareholders? (0-1) No 0.0

Is Mr. James disqualified upon a successful claim by shareholders? (0-1) No 0.0

Can a court void the transaction upon a successful claim by shareholders? (0-2) Only in case of fraudor bad faith

0.0

Ease of shareholder suits index (0-10) 9.0

Before suing, can shareholders representing 10% of Buyer's share capital inspect the transaction documents?(0-1)

Yes 1.0

Can the plaintiff obtain any documents from the defendant and witnesses at trial? (0-3) Any relevantdocument

3.0

Can the plaintiff request categories of documents from the defendant without identifying specific ones? (0-1) Yes 1.0

Can the plaintiff directly question the defendant and witnesses at trial? (0-2) Yes 2.0

Is the level of proof required for civil suits lower than that of criminal cases? (0-1) Yes 1.0

Can shareholder plaintiffs recover their legal expenses from the company? (0-2) Yes if successful 1.0

Extent of shareholder governance index (0-20)

Extent of shareholder rights index (0-6) 5.0

Does the sale of 51% of Buyer's assets require shareholder approval? No 0.0

Can shareholders representing 10% of Buyer's share capital call for a meeting of shareholders? Yes 1.0

Must Buyer obtain its shareholders’ approval every time it issues new shares? Yes 1.0

Do shareholders automatically receive preemption rights every time Buyer issues new shares? Yes 1.0

Do shareholders elect and dismiss the external auditor? Yes 1.0

Are changes to the rights of a class of shares only possible if the holders of the affected shares approve? Yes 1.0

Extent of ownership and control index (0-7) 4.0

Is it forbidden to appoint the same individual as CEO and chairperson of the board of directors? No 0.0

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Must the board of directors include independent and nonexecutive board members? Yes 1.0

Can shareholders remove members of the board of directors without cause before the end of their term? Yes 1.0

Must the board of directors include a separate audit committee exclusively comprising board members? No 0.0

Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of Buyer? No 0.0

Must Buyer pay declared dividends within a maximum period set by law? Yes 1.0

Is a subsidiary prohibited from acquiring shares issued by its parent company? Yes 1.0

Extent of corporate transparency index (0-7) 4.0

Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? No 0.0

Must Buyer disclose information about board members’ primary employment and directorships in othercompanies?

Yes 1.0

Must Buyer disclose the compensation of individual managers? Yes 1.0

Must a detailed notice of general meeting be sent 21 days before the meeting? No 0.0

Can shareholders representing 5% of Buyer’s share capital put items on the general meeting agenda? No 0.0

Must Buyer's annual financial statements be audited by an external auditor? Yes 1.0

Must Buyer disclose its audit reports to the public? Yes 1.0

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Paying Taxes

This topic records the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year, as well as the administrative burden ofpaying taxes and contributions and complying with postfiling procedures (VAT refund and tax audit). The most recent round of data collection for the project wascompleted in May 2019 covering for the Paying Taxes indicator calendar year 2018 (January 1, 2018 – December 31, 2018). See the methodology for more information.

What the indicators measure

Tax payments for a manufacturing company in 2018 (numberper year adjusted for electronic and joint filing and payment)

Total number of taxes and contributions paid or withheld,including consumption taxes (value added tax, sales tax orgoods and service tax)

Method and frequency of filing and payment•Time required to comply with 3 major taxes (hours per year)

Collecting information, computing tax payable•Preparing separate tax accounting books, if required•Completing tax return, filing with agencies•Arranging payment or withholding•

Total tax and contribution rate (% of commercial profits)

Profit or corporate income tax•Social contributions, labor taxes paid by employer•Property and property transfer taxes•Dividend, capital gains, financial transactions taxes•Waste collection, vehicle, road and other taxes•

Postfiling Index

Time to comply with VAT refund (hours)•Time to obtain VAT refund (weeks)•Time to comply with a corporate income tax correction (hours)•Time to complete a corporate income tax correction (weeks)•

Case study assumptions

Using a case scenario, records taxes and mandatory contributions a medium sizecompany must pay in a year, and measures the administrative burden of paying taxes,contributions and dealing with postfiling processes. Information is also compiled on frequency offiling and payments, time taken to comply with tax laws, time taken to comply with therequirements of postfiling processes and time waiting.

Doing Business

To make data comparable across economies, several assumptions are used:- TaxpayerCo is a medium-size business that started operations on January 1, 2017. It producesceramic flowerpots and sells them at retail.

Taxes and mandatory contributions are measuredat all levels of government.

- In June 2018, TaxpayerCo. makes a large capital purchase: the value of the machine is 65 timesincome per capita of the economy. Sales are equally spread per month (1,050 times income percapita divided by 12) and cost of goods sold are equally expensed per month (875 times incomeper capita divided by 12). The machinery seller is registered for VAT and excess input VAT incurredin June will be fully recovered after four consecutive months if the VAT rate is the same for inputs,sales and the machine and the tax reporting period is every month. Input VAT will exceed OutputVAT in June 2018.

All taxes and contributions recorded are paid in thesecond year of operation (calendar year 2018).

The VAT refund process:

- An error in calculation of income tax liability (for example, use of incorrect tax depreciation rates,or incorrectly treating an expense as tax deductible) leads to an incorrect income tax return and acorporate income tax underpayment. TaxpayerCo. discovered the error and voluntarily notified thetax authority. The value of the underpaid income tax liability is 5% of the corporate income taxliability due. TaxpayerCo. submits corrected information after the deadline for submitting the annualtax return, but within the tax assessment period.

The corporate income tax audit process:

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Paying Taxes - Nepal

Figure – Paying Taxes in Nepal – Score

Payments

28.3

Time

49.3

Total tax and contribution rate

77.6

Postfiling index

33.3

Figure – Paying Taxes in Nepal and comparator economies – Ranking and Score

DB 2020 Paying Taxes Score

0 100

89.2: Bhutan (Rank: 15)

70.1: China (Rank: 105)

67.6: India (Rank: 115)

60.2: Regional Average (South Asia)

59.8: Sri Lanka (Rank: 142)

47.1: Nepal (Rank: 175)

Note: The ranking of economies on the ease of paying taxes is determined by sorting their scores for paying taxes. These scores are the simple average of the scores foreach of the component indicators, with a threshold and a nonlinear transformation applied to one of the component indicators, the total tax and contribution rate. Thethreshold is defined as the total tax and contribution rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including DoingBusiness 2015, which is 26.1%. All economies with a total tax and contribution rate below this threshold receive the same score as the economy at the threshold.

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Payments (number per year) 46 26.7 10.3 3 (2 Economies)

Time (hours per year) 377 273.5 158.8 49 (3 Economies)

Total tax and contribution rate (% of profit) 41.8 43.9 39.9 26.1 (33 Economies)

Postfiling index (0-100) 33.3 41.2 86.7 None in 2018/19

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Figure – Paying Taxes in Nepal and comparator economies – Measure of Quality

Nepal Bhutan China India SriLanka

SouthAsia

0102030405060708090

100

Inde

x sc

ore

33.3

95.0

50.0 49.3 49.341.2

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Details – Paying Taxes in Nepal

Tax ormandatorycontribution

Payments(number)

Notes onPayments

Time (hours) Statutory taxrate

Tax base Total tax andcontributionrate (% ofprofit)

Notes on TTCR

Corporateincome tax

3.0 125.0 20% taxable profit 14.98

Employer paid -Social securitycontributions

12.0 122.0 10% gross salaries 11.28

Employer paid-Gratuitycontribution

12.0 8.33% gross salaries 9.40

Employer paid-Medicalinsurance

1.0 5,000 rupees peremployee

fixed fee 4.42

Employer paid-Accidentinsurance

0.0 paid jointly 1,250 rupees peremployee

fixed fee 1.10

Ownershiprenewal tax onvehicles

1.0 NPR 33,000 fixed fee 0.49

Tax on interest 0.0 15% interest income 0.38 not included

Municipalbusiness tax

1.0 NPR 10,000 fixed fee 0.15

Property tax 1.0 various rates land value andbuilding value

0.02

Land revenue tax 1.0 NPR 40 per anna property area 0.01

Stamp duty oninsurancepremium

1.0 various rates 0.00 small amount

Capital gains tax 1.0 10% capital gains 0.00 included in othertaxes

Value added tax(VAT)

12.0 130.0 13% value added 0.00 not included

Totals 46 377 41.8

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Details – Paying Taxes in Nepal – Tax by Type

Taxes by type Answer

Profit tax (% of profit) 15.0

Labor tax and contributions (% of profit) 26.2

Other taxes (% of profit) 0.7

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Details – Paying Taxes in Nepal – Measure of Quality

Names of taxes have been standardized. For instance income tax, profit tax, tax on company's income are all named corporate income tax in this table.The hours for VAT include all the VAT and sales taxes applicable.The hours for Social Security include all the hours for labor taxes and mandatory contributions in general.The postfiling index is the average of the scores on time to comply with VAT refund, time to obtain a VAT refund, time to comply with a corporate income tax correctionand time to complete a corporate income tax correction.N/A = Not applicable.

Notes:

Answer Score

Postfiling index (0-100) 33.3

VAT refunds

Does VAT exist? Yes

Does a VAT refund process exist per the case study? Yes

Restrictions on VAT refund process none

Percentage of cases exposed to a VAT audit (%) 75% - 100%

Is there a mandatory carry forward period? Yes

Time to comply with VAT refund (hours) 119.0 0.0

Time to obtain VAT refund (weeks) 37.0 34.2

Corporate income tax audits

Does corporate income tax exist? Yes

Percentage of cases exposed to a corporate income tax audit (%) 50% - 74%

Time to comply with a corporate income tax correction (hours) 26.0 55.0

Time to complete a corporate income tax correction (weeks) 17.9 44.2

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Trading across Borders

records the time and cost associated with the logistical process of exporting and importing goods. measures the time and cost (excludingtariffs) associated with three sets of procedures—documentary compliance, border compliance and domestic transport—within the overall process of exporting orimporting a shipment of goods. The most recent round of data collection for the project was completed in May 2019. .

Doing Business Doing Business

See the methodology for more information

What the indicators measure

Documentary compliance

Obtaining, preparing and submitting documents duringtransport, clearance, inspections and port or border handling inorigin economy

Obtaining, preparing and submitting documents required bydestination economy and any transit economies

Covers all documents required by law and in practice, includingelectronic submissions of information

Border compliance

Customs clearance and inspections•Inspections by other agencies (if applied to more than 20% ofshipments)

Handling and inspections that take place at the economy’s portor border

Domestic transport

Loading or unloading of the shipment at the warehouse orport/border

Transport between warehouse and port/border•Traffic delays and road police checks while shipment is enroute

Case study assumptions

To make the data comparable across economies, a few assumptions are made about the tradedgoods and the transactions:

Time is measured in hours, and 1 day is 24 hours (for example, 22 days are recorded as22×24=528 hours). If customs clearance takes 7.5 hours, the data are recorded as is. Alternatively,suppose documents are submitted to a customs agency at 8:00a.m., are processed overnight andcan be picked up at 8:00a.m. the next day. The time for customs clearance would be recorded as24 hours because the actual procedure took 24 hours.

Time:

Insurance cost and informal payments for which no receipt is issued are excluded from thecosts recorded. Costs are reported in U.S. dollars. Contributors are asked to convert local currencyinto U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire.Contributors are private sector experts in international trade logistics and are informed aboutexchange rates.

Cost:

- For all 190 economies covered by , it is assumed a shipment is in a warehouse inthe largest business city of the exporting economy and travels to a warehouse in the largestbusiness city of the importing economy.- It is assumed each economy imports 15 metric tons of containerized auto parts (HS 8708) fromits natural import partner—the economy from which it imports the largest value (price timesquantity) of auto parts. It is assumed each economy exports the product of its comparativeadvantage (defined by the largest export value) to its natural export partner—the economy that isthe largest purchaser of this product. Shipment value is assumed to be $50,000.- The mode of transport is the one most widely used for the chosen export or import product andthe trading partner, as is the seaport or land border crossing.- All electronic information submissions requested by any government agency in connection withthe shipment are considered to be documents obtained, prepared and submitted during the exportor import process.- A port or border is a place (seaport or land border crossing) where merchandise can enter orleave an economy.- Relevant government agencies include customs, port authorities, road police, border guards,standardization agencies, ministries or departments of agriculture or industry, national securityagencies and any other government authorities.

Assumptions of the case study:Doing Business

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Trading across Borders - Nepal

Figure – Trading across Borders in Nepal – Score

Timeto

export:Border

compliance

93.7

Costto

export:Border

compliance

90.3

Timeto

export:Documentarycompliance

75.1

Costto

export:Documentarycompliance

72.5

Timeto

import:Border

compliance

96.4

Costto

import:Border

compliance

84.2

Timeto

import:Documentarycompliance

80.3

Costto

import:Documentarycompliance

88.6

Figure – Trading across Borders in Nepal and comparator economies – Ranking and Score

DB 2020 Trading Across Borders Score

0 100

94.2: Bhutan (Rank: 30)

86.5: China (Rank: 56)

85.1: Nepal (Rank: 60)

82.5: India (Rank: 68)

73.3: Sri Lanka (Rank: 96)

65.3: Regional Average (South Asia)

Note: The ranking of economies on the ease of trading across borders is determined by sorting their scores for trading across borders. These scores are the simpleaverage of the scores for the time and cost for documentary compliance and border compliance to export and import.

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Time to export: Border compliance (hours) 11 53.4 12.7 1 (19 Economies)

Cost to export: Border compliance (USD) 103 310.6 136.8 0 (19 Economies)

Time to export: Documentary compliance (hours) 43 73.7 2.3 1 (26 Economies)

Cost to export: Documentary compliance (USD) 110 157.9 33.4 0 (20 Economies)

Time to import: Border compliance (hours) 11 85.7 8.5 1 (25 Economies)

Cost to import: Border compliance (USD) 190 472.9 98.1 0 (28 Economies)

Time to import: Documentary compliance (hours) 48 93.7 3.4 1 (30 Economies)

Cost to import: Documentary compliance (USD) 80 261.7 23.5 0 (30 Economies)

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Figure – Trading across Borders in Nepal – Time and Cost

Export-

BorderCompliance

Export-

DocumentaryCompliance

Import-

BorderCompliance

Import-

DocumentaryCompliance

0

10

20

30

40

50

60

Tim

e (h

ours

)

0

50

100

150

200

Cost

(USD

)

11

103

43

110

11

190

48

80

Time (hours) Cost (USD)

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Details – Trading across Borders in Nepal

Characteristics Export Import

Product HS 72 : Iron and steel HS 8708: Parts and accessories of motor vehicles

Trade partner India India

Border Birgunj border crossing Birgunj border crossing

Distance (km) 140 140

Domestic transport time (hours) 16 19

Domestic transport cost (USD) 330 407

Details – Trading across Borders in Nepal – Components of Border Compliance

Time to Complete (hours) Associated Costs (USD)

Export: Clearance and inspections required bycustoms authorities

10.0 92.9

Export: Clearance and inspections required byagencies other than customs

0.0 0.0

Export: Port or border handling 11.0 10.0

Import: Clearance and inspections required bycustoms authorities

10.0 190.0

Import: Clearance and inspections required byagencies other than customs

0.0 0.0

Import: Port or border handling 11.0 0.0

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Details – Trading across Borders in Nepal – Trade Documents

Export Import

Commercial invoice Certificate of origin

Road way bill BBN

Export permit Single Administrative Document

Packing list Truck chalan

Customs export declaration Shipping bill (Bill of export)

Certificate of origin (VSC) Document of Insurance

Authority letter Type of Approval (for auto-parts)

Single Administrative Document Packing list

Special vehicle permit ARE-1

EXIM Certiciate EXIM Certificate

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Enforcing Contracts

.

The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processesindex, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system. The most recent round of datacollection was completed in May 2019. See the methodology for more information

What the indicators measure

Time required to enforce a contract through the courts(calendar days)

Time to file and serve the case•Time for trial and to obtain the judgment•Time to enforce the judgment•

Cost required to enforce a contract through the courts (% ofclaim value)

Average attorney fees•Court costs•Enforcement costs•

Quality of judicial processes index (0-18)

Court structure and proceedings (-1-5)•Case management (0-6)•Court automation (0-4)•Alternative dispute resolution (0-3)•

Case study assumptions

The dispute in the case study involves the breach of a sales contract between two domesticbusinesses. The case study assumes that the court hears an expert on the quality of the goods indispute. This distinguishes the case from simple debt enforcement.

To make the data on the time and comparable across economies, several assumptions about thecase are used:- The dispute concerns a lawful transaction between two businesses (Seller and Buyer), bothlocated in the economy’s largest business city. For 11 economies the data are also collected for thesecond largest business city.- The Buyer orders custom-made furniture, then fails to pay alleging that the goods are not ofadequate quality.- The value of the dispute is 200% of the income per capita or the equivalent in local currency ofUSD 5,000, whichever is greater.- The Seller sues the Buyer before the court with jurisdiction over commercial cases worth 200% ofincome per capita or $5,000 whichever is greater.- The Seller requests the pretrial attachment of the defendant’s movable assets to secure theclaim.- The claim is disputed on the merits because of Buyer’s allegation that the quality of the goodswas not adequate.- The judge decides in favor of the seller; there is no appeal.- The Seller enforces the judgment through a public sale of the Buyer’s movable assets.

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Enforcing Contracts - Nepal

Figure – Enforcing Contracts in Nepal – Score

Time

35.2

Cost

69.4

Quality of judicial processes index

33.3

Figure – Enforcing Contracts in Nepal and comparator economies – Ranking and Score

DB 2020 Enforcing Contracts Score

0 100

80.9: China (Rank: 5)

70.0: Bhutan (Rank: 29)

46.0: Nepal (Rank: 151)

43.5: Regional Average (South Asia)

41.2: India (Rank: 163)

41.2: Sri Lanka (Rank: 164)

Note: The ranking of economies on the ease of enforcing contracts is determined by sorting their scores for enforcing contracts. These scores are the simple average ofthe scores for each of the component indicators.

Standardized Case

Claim value NPR 564,367

Court name Kathmandu District Court

City Covered Kathmandu

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Time (days) 910 1,101.6 589.6 120 (Singapore)

Cost (% of claim value) 27.3 29.9 21.5 0.1 (Bhutan)

Quality of judicial processes index (0-18) 6.0 7.1 11.7 None in 2018/19

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Figure – Enforcing Contracts in Nepal – Time and Cost

Bhutan China India Nepal OECDhigh

income

SouthAsia

SriLanka

0

200

400

600

800

1000

1200

1400

1600

Tim

e (d

ays)

0

5

10

15

20

25

30

35

Cost

(% o

f cla

im v

alue

)

225

23.1

496

16.2

1445 31.0

910

27.3

589.6

21.5

1,101.6

29.9 1318

22.8

Time (days) Cost (% of claim value)

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Figure – Enforcing Contracts in Nepal and comparator economies – Measure of Quality

Nepal

Bhutan

China

India

Sri Lanka

OECD high income

South Asia

0 2 4 6 8 10 12 14 16 18Sub-Indicator Score

2.5 0.50 3

2.5 3 0 2.5

3 5.5 3 5

2.5 1.5 2 4.5

2.5 1 0.5 4.5

2.5 3.2 2.4 3.6

2.4 1.2 0.8 3.1

Alternative dispute resolution (0-3) Case management (0-6) Court automation (0-4) Court structure and proceedings (-1-5)

Details – Enforcing Contracts in Nepal

Indicator

Time (days) 910

Filing and service 45

Trial and judgment 500

Enforcement of judgment 365

Cost (% of claim value) 27.3

Attorney fees 20.8

Court fees 3.5

Enforcement fees 3

Quality of judicial processes index (0-18) 6.0

Court structure and proceedings (-1-5) 3.0

Case management (0-6) 0.5

Court automation (0-4) 0.0

Alternative dispute resolution (0-3) 2.5

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Details – Enforcing Contracts in Nepal – Measure of Quality

Answer Score

Quality of judicial processes index (0-18) 6.0

Court structure and proceedings (-1-5) 3.0

1. Is there a court or division of a court dedicated solely to hearing commercial cases? No 0.0

2. Small claims court 1.5

2.a. Is there a small claims court or a fast-track procedure for small claims? Yes

2.b. If yes, is self-representation allowed? Yes

3. Is pretrial attachment available? Yes 1.0

4. Are new cases assigned randomly to judges? Yes, but manual 0.5

5. Does a woman's testimony carry the same evidentiary weight in court as a man's? Yes 0.0

Case management (0-6) 0.5

1. Time standards 0.5

1.a. Are there laws setting overall time standards for key court events in a civil case? Yes

1.b. If yes, are the time standards set for at least three court events? Yes

1.c. Are these time standards respected in more than 50% of cases? No

2. Adjournments 0.0

2.a. Does the law regulate the maximum number of adjournments that can be granted? No

2.b. Are adjournments limited to unforeseen and exceptional circumstances? No

2.c. If rules on adjournments exist, are they respected in more than 50% of cases? n.a.

3. Can two of the following four reports be generated about the competent court: (i) time to disposition report; (ii)clearance rate report; (iii) age of pending cases report; and (iv) single case progress report?

No 0.0

4. Is a pretrial conference among the case management techniques used before the competent court? No 0.0

5. Are there any electronic case management tools in place within the competent court for use by judges? No 0.0

6. Are there any electronic case management tools in place within the competent court for use by lawyers? No 0.0

Court automation (0-4) 0.0

1. Can the initial complaint be filed electronically through a dedicated platform within the competent court? No 0.0

2. Is it possible to carry out service of process electronically for claims filed before the competent court? No 0.0

3. Can court fees be paid electronically within the competent court? No 0.0

4. Publication of judgments 0.0

4.a Are judgments rendered in commercial cases at all levels made available to the general publicthrough publication in official gazettes, in newspapers or on the internet or court website?

No

4.b. Are judgments rendered in commercial cases at the appellate and supreme court level madeavailable to the general public through publication in official gazettes, in newspapers or on the internetor court website?

No

Alternative dispute resolution (0-3) 2.5

1. Arbitration 1.0

1.a. Is domestic commercial arbitration governed by a consolidated law or consolidated chapter orsection of the applicable code of civil procedure encompassing substantially all its aspects?

Yes

1.b. Are there any commercial disputes—aside from those that deal with public order or public policy—that cannot be submitted to arbitration?

No

1.c. Are valid arbitration clauses or agreements usually enforced by the courts? No

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2. Mediation/Conciliation 1.5

2.a. Is voluntary mediation or conciliation available? Yes

2.b. Are mediation, conciliation or both governed by a consolidated law or consolidated chapter orsection of the applicable code of civil procedure encompassing substantially all their aspects (forexample, definition, aim and scope of application, desig

Yes

2.c. Are there financial incentives for parties to attempt mediation or conciliation (i.e., if mediation orconciliation is successful, a refund of court filing fees, income tax credits or the like)?

Yes

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Resolving Insolvency

studies the time, cost and outcome of insolvency proceedings involving domestic legal entities. These variables are used to calculate the recovery rate,which is recorded as cents on the dollar recovered by secured creditors through reorganization, liquidation or debt enforcement (foreclosure or receivership) proceedings.To determine the present value of the amount recovered by creditors, uses the lending rates from the International Monetary Fund, supplemented withdata from central banks and the Economist Intelligence Unit. The most recent round of data collection was completed in May 2019.

.

Doing Business

Doing BusinessSee the methodology for more

information

What the indicators measure

Time required to recover debt (years)

Measured in calendar years•Appeals and requests for extension are included•

Cost required to recover debt (% of debtor’s estate)

Measured as percentage of estate value•Court fees•Fees of insolvency administrators•Lawyers’ fees•Assessors’ and auctioneers’ fees•Other related fees•

Outcome

Whether business continues operating as a going concern orbusiness assets are sold piecemeal

Recovery rate for creditors

Measures the cents on the dollar recovered by securedcreditors

Outcome for the business (survival or not) determines themaximum value that can be recovered

Official costs of the insolvency proceedings are deducted•Depreciation of furniture is taken into account•Present value of debt recovered•

Strength of insolvency framework index (0- 16)

Sum of the scores of four component indices:•Commencement of proceedings index (0-3)•Management of debtor’s assets index (0-6)•Reorganization proceedings index (0-3)•Creditor participation index (0-4)•

Case study assumptions

To make the data on the time, cost and outcome comparable across economies, severalassumptions about the business and the case are used:

- A hotel located in the largest city (or cities) has 201 employees and 50 suppliers. The hotelexperiences financial difficulties.- The value of the hotel is 100% of the income per capita or the equivalent in local currency of USD200,000, whichever is greater.- The hotel has a loan from a domestic bank, secured by a mortgage over the hotel’s real estate.The hotel cannot pay back the loan, but makes enough money to operate otherwise.

In addition, evaluates the quality of legal framework applicable to judicialliquidation and reorganization proceedings and the extent to which best insolvency practices havebeen implemented in each economy covered.

Doing Business

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Resolving Insolvency - Nepal

Figure – Resolving Insolvency in Nepal – Score

Recovery rate

44.4

Strength of insolvency framework index

50.0

Figure – Resolving Insolvency in Nepal and comparator economies – Ranking and Score

DB 2020 Resolving Insolvency Score

0 100

62.1: China (Rank: 51)

62.0: India (Rank: 52)

47.2: Nepal (Rank: 87)

45.0: Sri Lanka (Rank: 94)

40.8: Regional Average (South Asia)

0.0: Bhutan (Rank: 168)

Note: The ranking of economies on the ease of resolving insolvency is determined by sorting their scores for resolving insolvency. These scores are the simple averageof the scores for the recovery rate and the strength of insolvency framework index.

Indicator Nepal South Asia OECD highincome

Best RegulatoryPerformance

Recovery rate (cents on the dollar) 41.2 38.1 70.2 92.9 (Norway)

Time (years) 2.0 2.2 1.7 0.4 (Ireland)

Cost (% of estate) 9.0 9.9 9.3 1.0 (Norway)

Outcome (0 as piecemeal sale and 1 as going concern) 0 .. .. ..

Strength of insolvency framework index (0-16) 8.0 6.5 11.9 None in 2018/19

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Figure – Resolving Insolvency in Nepal – Time and Cost

NoPracticeBhutan

China India Nepal OECDhigh

income

SouthAsia

SriLanka

0

0.5

1

1.5

2

2.5

Tim

e (y

ears

)

0

5

10

15

20

25

Cost

(% o

f est

ate)

1.7

22.0

1.6

9.0

2.0

9.0

1.7

9.3

2.2

9.9

1.7

10.0

Time (years) Cost (% of estate)

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Figure – Resolving Insolvency in Nepal and comparator economies – Measure of Quality

Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for thestrength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.”

Nepal

Bhutan

China

India

Sri Lanka

OECD high income

South Asia

0 2 4 6 8 10 12 14 16Sub-Indicator Score

4 2 0 2

1 2 1 0

6 3 2 2.5

4.5 2 1 0

3 2.5 1 0.5

5.3 2.8 2.1 1.9

3.6 2.1 0.9 0.6

Management of debtor's assets index (0-6) Commencement of proceedings index (0-3) Creditor participation index (0-4) Reorganization proceedings index (0-3)

Figure – Resolving Insolvency in Nepal and comparator economies – Recovery Rate

Nepal Bhutan China India Sri Lanka South Asia

0

10

20

30

40

50

60

70

80

Reco

very

rate

(cen

ts o

n th

e do

llar)

41.2

No Practice

36.9

71.6

43.038.1

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Details – Resolving Insolvency in Nepal

Indicator Answer Score

Proceeding foreclosure From the perspective of the BiZBank, as it is a secured creditor and has self help remedy under Section 57 of theBanking and Financial Institution Act, foreclosure is most likely to happen.

Outcome piecemeal sale Upon completion of the foreclosure proceeding, Mirage will stop operating and its assets will be sold piecemeal in apublic auction by an auctioneer appointed by the court.

Time (in years) 2.0 It will take 2 years to complete foreclosure proceedings in Nepal. Main delays are due to finding a buyer andorganizing the sale.

Cost (% of estate) 9.0 It costs around 9% to complete foreclosure proceedings in Nepal, including fees of attorneys, assessors, andauctioneers, as well as court fees.

Recovery rate(cents on the dollar)

41.2

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Details – Resolving Insolvency in Nepal – Measure of Quality

Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for thestrength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.”Note:

Answer Score

Strength of insolvency framework index (0-16) 8.0

Commencement of proceedings index (0-3) 2.0

What procedures are available to a DEBTOR when commencing insolvency proceedings? (b) Debtor may file forliquidation only

0.5

Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (b) Yes, but a creditormay file for liquidationonly

0.5

What basis for commencement of the insolvency proceedings is allowed under the insolvency framework? (a)Debtor is generally unable to pay its debts as they mature (b) The value of debtor's liabilities exceeds the valueof its assets

(c) Both (a) and (b)options are available,but only one of themneeds to be compliedwith

1.0

Management of debtor's assets index (0-6) 4.0

Does the insolvency framework allow the continuation of contracts supplying essential goods and services to thedebtor?

No 0.0

Does the insolvency framework allow the rejection by the debtor of overly burdensome contracts? No 0.0

Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0

Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0

Does the insolvency framework provide for the possibility of the debtor obtaining credit after commencement ofinsolvency proceedings?

Yes 1.0

Does the insolvency framework assign priority to post-commencement credit? (b) Yes over ordinaryunsecured creditorsbut not over securedcreditors

1.0

Reorganization proceedings index (0-3) 2.0

Which creditors vote on the proposed reorganization plan? (c) Other 1.0

Does the insolvency framework require that dissenting creditors in reorganization receive at least as much aswhat they would obtain in a liquidation?

Yes 1.0

Are the creditors divided into classes for the purposes of voting on the reorganization plan, does each class voteseparately and are creditors in the same class treated equally?

No 0.0

Creditor participation index (0-4) 0.0

Does the insolvency framework require approval by the creditors for selection or appointment of the insolvencyrepresentative?

No 0.0

Does the insolvency framework require approval by the creditors for sale of substantial assets of the debtor? No 0.0

Does the insolvency framework provide that a creditor has the right to request information from the insolvencyrepresentative?

No 0.0

Does the insolvency framework provide that a creditor has the right to object to decisions accepting or rejectingcreditors' claims?

No 0.0

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Employing Workers

presents detailed data for the employing workers indicators on the website ( ). The study does not presentrankings of economies on these indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business.Doing Business Doing Business http://www.doingbusiness.org

The most recent round of data collection was completed in May 2019. .See the methodology for more information

What the indicators measure

(i) whether fixed-term contracts are prohibited for permanenttasks; (ii) maximum cumulative duration of fixed-term contracts;(iii) length of the maximum probationary period; (iv) minimumwage;(v) ratio of minimum wage to the average value added perworker.

Hiring

(i) maximum number of working days allowed per week; (ii)premiums for work: at night, on a weekly rest day and overtime;(iii) whether there are restrictions on work at night, work on aweekly rest day and for overtime work; (iv) length of paid annualleave.

Working hours

(i) whether redundancy can be basis for terminating workers; (ii)whether employer needs to notify and/or get approval from thirdparty to terminate 1 redundant worker and a group of 9 redundantworkers; (iii) whether the law requires employer to reassign orretrain a worker before making worker redundant; (iv) whetherpriority rules apply for redundancies and reemployment.

Redundancy rules

(i) notice period for redundancy dismissal; (ii) severancepayments, and (iii) penalties due when terminating a redundantworker. Data on the availability of unemployment protection for aworker with one year of employment is also collected.

Redundancy cost

Case study assumptions

To make the data comparable across economies, several assumptions about the worker and thebusiness are used.

- Is a cashier in a supermarket or grocery store, age 19, with one year of work experience.- Is a full-time employee.- Is not a member of the labor union, unless membership is mandatory.

The worker:

- Is a limited liability company (or the equivalent in the economy).- Operates a supermarket or grocery store in the economy’s largest business city. For 11economies the data are also collected for the second largest business city.- Has 60 employees.- Is subject to collective bargaining agreements if such agreements cover more than 50% of thefood retail sector and they apply even to firms that are not party to them.- Abides by every law and regulation but does not grant workers more benefits than thosemandated by law, regulation or (if applicable) collective bargaining agreements.

The business:

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Employing Workers - Nepal

Details – Employing Workers in Nepal

Answer

Hiring

Fixed-term contracts prohibited for permanent tasks? No

Maximum length of a single fixed-term contract (months) No limit

Maximum length of fixed-term contracts, including renewals (months) No limit

Minimum wage applicable to the worker assumed in the case study (US$/month) 119.6

Ratio of minimum wage to value added per worker 1.0

Maximum length of probationary period (months) 6.0

Working hours

Standard workday 8.0

Maximum number of working days per week 6.0

Premium for night work (% of hourly pay) 0.0

Premium for work on weekly rest day (% of hourly pay) 50.0

Premium for overtime work (% of hourly pay) 50.0

Restrictions on night work? No

Restrictions on weekly holiday? No

Restrictions on overtime work? No

Paid annual leave for a worker with 1 year of tenure (working days) 18.0

Paid annual leave for a worker with 5 years of tenure (working days) 18.0

Paid annual leave for a worker with 10 years of tenure (working days) 18.0

Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 18.0

Redundancy rules

Dismissal due to redundancy allowed by law? Yes

Third-party notification if one worker is dismissed? Yes

Third-party approval if one worker is dismissed? No

Third-party notification if nine workers are dismissed? Yes

Third-party approval if nine workers are dismissed? No

Retraining or reassignment obligation before redundancy? No

Priority rules for redundancies? Yes

Priority rules for reemployment? Yes

Redundancy cost

Notice period for redundancy dismissal for a worker with 1 year of tenure (weeks of salary) 4.3

Notice period for redundancy dismissal for a worker with 5 years of tenure (weeks of salary) 4.3

Notice period for redundancy dismissal for a worker with 10 years of tenure (weeks of salary) 4.3

Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure, in weeks of salary) 4.3

Severance pay for redundancy dismissal for a worker with 1 year of tenure (weeks of salary) 4.3

Severance pay for redundancy dismissal for a worker with 5 years of tenure (weeks of salary) 21.4

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Severance pay for redundancy dismissal for a worker with 10 years of tenure (weeks of salary) 42.9

Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure, in weeks of salary) 22.9

Unemployment protection after one year of employment? Yes

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Business Reforms in Nepal

From May 2, 2018 to May 1, 2019, 115 economies implemented 294 business regulatory reforms across the 10 areas measured by Doing Business. Reforms inspired byhave been implemented by economies in all regions. The following are reforms implemented since 2008.Doing Business Doing Business

DB2020

Starting a Business: Nepal made starting a business more difficult by requiring in-person follow-up for employee registration for social security.

Dealing with Construction Permits: Nepal made dealing with construction permits easier and less costly by reducing fees for building permits and improving the onlinee-submissions platform.

Registering Property: Nepal made property registration more expensive by increasing the property transfer registration fee. Nepal also improved the quality of its landadministration system by publishing the official service standards for delivering updated cadastral maps.

Getting Credit: Nepal improved access to credit information by expanding the coverage of the credit bureau.

Trading across Borders: Nepal reduced the time and cost to export and the time to import by opening the Integrated Check Post Birgunj at the Nepal-India border.

Enforcing Contracts: Nepal made enforcing contracts easier by adopting a new code of civil procedure that introduces time standards for key court events.

DB2019

Paying Taxes: Nepal made paying taxes more difficult by introducing a new labor contribution (gratuity contribution), medical insurance and accident insurance paid bythe employer.

Employing Workers: Nepal changed regulations pertaining to fixed-term contracts, probationary periods, working hours, paid maternity and sick leave, night work forwomen, third party approval in case of redundancy and unemployment protection.

DB2018

Getting Credit: Nepal strengthened access to credit by operationalizing the existing law on secured transactions that implements a functional secured transactionssystem and establishes a centralized, notice-based, modern collateral registry.

DB2017

Dealing with Construction Permits: Nepal made dealing with construction permits more difficult by increasing the cost of obtaining a building permit.

Trading across Borders: Exporting in Nepal became more difficult due to an increase in the time and cost for documentary compliance following the introduction of aspecial vehicle permit requirement. At the same time, Nepal implemented the ASYCUDA World data management system, which expedited the customs clearance process.

DB2015

Dealing with Construction Permits: Nepal made dealing with construction permits easier by implementing a new electronic building permit system.

DB2014

Starting a Business: Nepal made starting a business easier by reducing the administrative processing time at the company registrar and by establishing a data linkbetween agencies involved in the incorporation process.

DB2012

Enforcing Contracts: Nepal improved oversight and monitoring in the court, speeding up the process for filing claims.

DB2010

Registering Property: Nepal made transferring property easier by reducing the registration fee.

Getting Credit: Nepal improved access to credit information by starting to distribute historical data.

= reform making it easier to do business. = Change making it more difficult to do business.Doing Business

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