Nepal Rastra Bank FDI Approval in Nepal

  • Home
  • Post
  • Nepal Rastra Bank FDI Approval in Nepal
Nepal Rastra Bank FDI Approval in Nepal
28 Mar
Table of Contents

    Are you searching for Nepal Rastra Bank FDI approval requirements? Understanding NRB's role in foreign direct investment is crucial for international investors entering Nepal. This comprehensive guide explains the complete NRB process, from initial notification to investment recording and repatriation, following the major regulatory reforms implemented in December 2025.

    What is Nepal Rastra Bank FDI Approval?

    Nepal Rastra Bank FDI approval refers to the regulatory oversight and foreign exchange management procedures required for foreign investments entering Nepal. While the Department of Industry (DOI) or Investment Board Nepal (IBN) grants primary investment approval, NRB manages the foreign exchange aspects, capital injection recording, and repatriation facilities under the Foreign Investment and Technology Transfer Act 2075 (FITTA 2019) and the Foreign Exchange (Regulation) Act 1962.

    Furthermore, significant regulatory changes were introduced on December 30, 2025, through the Fifth Amendment to the Foreign Loan and Investment Management Bylaws 2078 (2021). These amendments shifted NRB's role from an approval-based regulator to a post-transaction supervisor for most foreign equity inflows .

    Why NRB Recording Matters for Foreign Investors

    NRB recording establishes the official foreign exchange status of investments, enabling future repatriation of profits, dividends, and capital. Without proper NRB recording, foreign investors cannot legally transfer earnings abroad or recover their investment upon exit. The recording process creates a verifiable trail of capital inflow through formal banking channels, which is essential for compliance with Nepal's foreign exchange regulations .

    Moreover, the recent amendments have streamlined the process, reducing bureaucratic delays while maintaining necessary oversight for foreign exchange management .

    Legal Framework Governing NRB FDI Procedures

    Legislation Key Provisions NRB Authority
    FITTA 2075 (2019) Sections 15, 20, 26 - Investment approval, repatriation rights Foreign exchange facility provision
    Foreign Exchange (Regulation) Act 1962 Section 3, 10 - Currency control, capital transfers Foreign exchange regulation
    NRB Foreign Investment and Loan Management Bylaws 2078 Capital injection, recording, repatriation procedures Implementation and enforcement
    Companies Act 2063 Share registry, capital structure Corporate compliance verification

    Step-by-Step NRB FDI Process

    Phase 1: Pre-Injection Notification (Before December 30, 2025)

    Previously, foreign investors were required to obtain prior NRB approval before injecting capital, even after receiving DOI/IBN approval. This created a dual-approval system that added weeks to the investment timeline .

    Phase 2: Current Process (After December 30, 2025 Amendment)

    Step 1: Obtain Sectoral Approval
    Foreign investors must first obtain approval from the Department of Industry (for investments below NPR 6 billion) or Investment Board Nepal (for investments above NPR 6 billion or hydropower projects exceeding 200 MW) .

    Step 2: Submit Statutory Notice to NRB
    Before capital injection, a statutory notice must be submitted to NRB stating the intent to bring foreign investment. This notice should include company incorporation documents, FDI approval letter, and investment details. Based on submitted documents, NRB issues an acknowledgment letter .

    Step 3: Capital Injection Through Banking Channels
    Foreign capital must be remitted via SWIFT transfer from the investor's foreign bank account to the Nepalese company's local bank account. The SWIFT message must clearly state "Foreign Investment" or "FDI for capital investment" to ensure proper identification .

    Step 4: Obtain Inflow Certificate
    After the investment amount is credited, the company must submit required documents to the bank to obtain an Inflow Certificate. This certificate serves as official proof that funds were legally transferred through formal banking channels and is essential for NRB recording .

    Step 5: Share Registry Update
    The company must apply to the Office of Company Registrar for an updated shareholder registry, submitting the inflow certificate, bank statements, and share registry forms. This creates legal proof of foreign ownership .

    Step 6: NRB Investment Recording
    Within six months of capital remittance, the foreign investment must be recorded with NRB. This involves submitting the inflow certificate, shareholder registry, company details, and investment specifics to NRB's Foreign Exchange Management Department .

    Required Documents for NRB FDI Recording

    Document Category Specific Documents
    Company Documents Company registration certificate, MOA/AOA, PAN certificate, latest audited financials, tax clearance proof
    Investment Documents FDI approval letter, inflow certificate from bank, shareholder registry from OCR, board resolution for investment
    Investor Documents Passport copies (individual investors), corporate profile and registration (institutional investors), financial credibility certificate
    Compliance Documents Non-blacklist certificate from CIB, commitment letter (1-year lock-in), source of funds declaration, investment timeline

    Capital Injection Schedule Under FITTA 2075

    Foreign investment must be injected according to a prescribed timeline based on the total approved amount :

    Stage Timeline Injection Percentage Trigger
    Stage I Within 1 year of approval 25% (up to NPR 20M), 15% (NPR 20M-250M), 10% (above NPR 250M) Initial investment
    Stage II Upon commercial operation Up to 70% total Production/transaction commencement
    Stage III Within 2 years of operation Remaining 30% Post-commercial operation

    NRB Foreign Loan Approval Process

    For foreign loans (distinct from equity investment), prior NRB approval remains mandatory under the Foreign Exchange (Regulation) Act 1962 :

    Step 1: Loan Agreement Execution
    The borrower and foreign lender execute a loan agreement with terms including interest rate, repayment schedule, and security arrangements.

    Step 2: In-Principle Application
    Submit application to NRB with project proposal, feasibility study, preliminary loan terms, and financial statements. NRB reviews foreign exchange implications and debt servicing capacity.

    Step 3: Final Approval
    Submit executed loan agreement with supporting documents. NRB grants final approval and assigns a registration number for monitoring.

    Step 4: Recording Within 6 Months
    Record the approved loan with NRB within six months of remittance, submitting loan agreement, commitment letter, utilization plan, and repayment schedule .

    Repatriation of Earnings: New Liberalized Framework

    The December 30, 2025 amendment significantly changed repatriation procedures :

    Previous Process

    Applications for dividend repatriation, disinvestment proceeds, and investment returns were processed by NRB's Foreign Exchange Department, often causing delays despite a 15-day timeline .

    Current Process (Post-December 2025)

    Authority to approve repatriation has been delegated to Head Offices of A-Class Commercial Banks. Banks must complete approval within 15 days of receiving complete documentation. NRB approval is now required only when repatriation is sought to a country other than the original source country .

    Permitted Repatriation Categories

    Category Description
    Share sale proceeds Amount received from sale of foreign-invested shares
    Profits/dividends Earnings from foreign investment
    Liquidation proceeds Remaining amount after company liquidation and liability settlement
    Royalty/fees Payments under technology transfer agreements
    Lease rentals Payments under lease investment arrangements
    Damages/compensation Amounts from court settlements or arbitration awards

    Timeline for NRB FDI Processes

    Process Stage Timeline
    Statutory notice to NRB 3-4 working days for acknowledgment
    Capital injection and inflow certificate 1-2 weeks
    Share registry update at OCR 1-2 weeks
    NRB investment recording 15-20 working days
    Repatriation approval (banks) 15 working days
    Total FDI establishment time 2-3 months

    Compliance Requirements After NRB Recording

    Annual Obligations

    • Submit annual performance reports to DOI/IBN
    • File audited financial statements with NRB
    • Maintain foreign exchange transaction records
    • Update share registry for any ownership changes

    Ongoing Reporting

    • Quarterly progress reports for foreign loan utilization
    • Debt service payment schedules for foreign loans
    • Changes to loan terms or project scope (requires NRB approval)

    Penalties for Non-Compliance

    Violation Penalty
    Failure to record investment within 6 months Repatriation restrictions, compliance complications
    Unauthorized foreign borrowing Up to 5 years imprisonment, fines up to 5x transaction amount
    Late reporting NPR 10,000 - 100,000 depending on delay
    Misutilization of loan proceeds Criminal prosecution, civil liability
    Unauthorized debt service payments Foreign exchange restrictions

    Key Differences: FDI vs Foreign Loan NRB Procedures

    Aspect FDI (Equity) Foreign Loan
    Prior NRB Approval Not required (post-Dec 2025) Mandatory
    Approval Authority DOI/IBN for sectoral approval NRB for forex approval
    Recording Timeline Within 6 months of injection Within 6 months of disbursement
    Repatriation Through commercial banks (post-Dec 2025) As per repayment schedule
    Interest Rate Not applicable LIBOR + up to 5.5% (company), LIBOR + 2% (individual)

    Recent Regulatory Changes (December 2025)

    The Fifth Amendment to the Foreign Loan and Investment Management Bylaws introduced major reforms :

    1. Removal of Prior Approval: NRB approval no longer required for foreign equity inflows after DOI/IBN approval
    2. Decentralized Repatriation: Commercial banks now handle repatriation approvals
    3. Outward Investment Liberalization: Nepali companies can invest up to USD 20,000 abroad without NRB approval
    4. Post-Transaction Supervision: NRB shifted from approval-based to supervision-based regulation

    Frequently Asked Questions About NRB FDI Approval

    Is prior NRB approval required for foreign investment in Nepal?

    No. As of December 30, 2025, prior NRB approval is no longer required for foreign equity investments. Investors only need sectoral approval from DOI or IBN, with NRB involvement limited to post-inflow recording .

    What is the minimum foreign investment amount for NRB recording?

    The minimum foreign investment for FDI approval is NPR 20 million (approximately USD 150,000). All foreign investments at or above this threshold must be recorded with NRB .

    How long does NRB investment recording take?

    The NRB recording process typically takes 15 to 20 working days from the date of submission of all required documents, including the inflow certificate and shareholder registry .

    Can foreign investors repatriate profits freely from Nepal?

    Yes, foreign investors can repatriate profits, dividends, and capital gains after tax clearance. Under the new December 2025 rules, commercial banks approve repatriation within 15 days. NRB approval is only needed if repatriating to a country other than the original source country .

    What is an inflow certificate and why is it important?

    An inflow certificate is issued by the receiving bank after foreign capital is deposited. It serves as official proof that investment funds were legally transferred through formal banking channels and is mandatory for NRB recording and future repatriation .

    What happens if foreign investment is not recorded with NRB?

    Failure to record investment within six months hinders future repatriation of capital, dividends, interest, or loan repayments. It also affects other regulatory and administrative proceedings of the company .

    Do foreign loans require NRB approval?

    Yes. Unlike equity investments, foreign loans require prior NRB approval under the Foreign Exchange (Regulation) Act 1962. The borrower must obtain approval before executing loan agreements .

    What documents are required for dividend repatriation?

    Required documents include: application letter, investment approval, NRB recording proof, tax clearance certificate, audited financial statements, AGM minutes for dividend declaration, and bank statements .

    Can foreign employees repatriate their salaries?

    Yes. Foreign employees in FDI companies can repatriate 100% of their net remuneration after tax deduction, as per NRB Circular 2081. Previously, only 70% could be repatriated .

    What is the lock-in period for foreign investment?

    Foreign investors must commit to not repatriating their investment for at least one year from the date of injection. This commitment must be submitted to NRB as part of the recording process .

    Why Choose Corporate Np for NRB FDI Services?

    Corporate Np specializes in Nepal Rastra Bank FDI approval and compliance services:

    • FDI approval and documentation preparation
    • NRB statutory notice submission and follow-up
    • Capital injection coordination and inflow certificate assistance
    • Share registry update facilitation
    • NRB investment recording and compliance
    • Repatriation application preparation and processing
    • Foreign loan approval assistance
    • Ongoing regulatory compliance support

    With extensive experience in Nepal's foreign investment regulations, Corporate Np ensures seamless navigation of NRB requirements for international investors. Contact Corporate Np today for expert assistance with your NRB foreign investment recording needs.

    References

    For additional information on Nepal Rastra Bank FDI approval, consult these authoritative sources:

    Disclaimer: The information provided in this guide is for general informational purposes only and does not constitute legal or financial advice. NRB regulations and procedures are subject to frequent amendments. The December 30, 2025 reforms represent significant changes, and investors should verify current requirements with Nepal Rastra Bank or qualified legal professionals before making investment decisions. Actual processing times and requirements may vary based on specific circumstances and regulatory updates.

    +977 9768717747