Section 36: License to be obtained to operate stock exchange

(1) A person who desires to operate a stock exchange shall obtain from the Board the license to operate the stock exchange under this Act.

(2) No person shall operate a stock exchange or purchase, sell or exchange securities without obtaining from the Board a license under this Act, nor shall any person use the name of the stock exchange without obtaining such a license.

(3) Notwithstanding anything contained in sub-section (2), the Nepal securities exchange market, which is in operation at the time of the commencement of this Act, shall have to make an application to the Board for the license to operate a securities exchange market pursuant to this Act within one year from the date of commencement of this Act. Nothing shall be deemed to have hindered the operating of the securities exchange market by Nepal securities exchange market within that period.

(4) Where Nepal Securities Exchange Market fails to make an application to the Board for a license to operate a securities exchange market within the period referred to in sub-section (3), Nepal Securities Exchange Market shall not be entitled to operate the stock exchange after the expiry of that period.

(5) Notwithstanding anything contained elsewhere in this Section, while incorporating any stock exchange as a company with limited liability under the companies law in force after the commencement of this Act, the Company Registrar’s Office shall incorporate it only with the recommendation of the Board.