Section 4 : Application to be made for incorporation of company

(1) A person who wishes to establish a company in accordance with section 3 shall apply to the Office for approval of the proposed name of the company by electronic means.

(2) If information is received from the office that the name of the company has been approved in accordance with sub-section (1), the applicant shall submit the application to the office in the prescribed format by uploading the documents mentioned below into the computer system by electronic means: –

a) The memorandum of association of the proposed company,

b) The articles of association of the proposed company,

c) In the case of a public company, a copy of the agreement, if any, entered into between the promoters prior to the incorporation of the company,

d) In the case of a private company, a copy of the consensus agreement, if any, entered into,

e) Where prior approval or license has to be obtained from anybody under the prevailing law prior to the registration of a company carrying on any particular type of business or transaction pursuant to the prevailing law, such approval or license,

f) Where the promoter is a Nepalese citizen, a certified copy of the citizenship certificate and where a corporate body is a promoter, a certificate of registration of incorporation, decision of the Board of directors, regulating The incorporation of the company and major documents regarding incorporation.

g) Where the promoter is a foreign person or company or body, permission obtained under the prevailing law to make investment or carry on business or transaction in Nepal,

h) Where the promoters is a foreign person, a document proving the country of his citizenship,

i) Where the promoter is a foreign company or body, a certified copy of the incorporation of such company or body and major documents relating to such incorporation.

(3) Notwithstanding anything contained in clause (b) of sub-section (2), the rules of the proposed company shall not be required to be submitted if the founder is allowed to accept the rules of the form prescribed for the establishment of a company in which only one person is the founder and there is only one shareholder.