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Section 5
Prior approval required to establish a bank or financial institution for foreign investment

(1) When a foreign bank or financial institution applies for the purpose of obtaining prior approval to establish a bank or financial institution in accordance with this Act as a subsidiary company in a joint venture with an organized organization established in Nepal or a Nepali citizen or as a subsidiary company as determined by the National Bank, Section In addition to the documents mentioned in sub-section (1) of 4, the following documents and details must also be submitted along with the documents specified by the National Bank:- (a) Copy of the foreign bank or financial institution's management deed, regulations and certificate of registration of the said bank or financial institution in the respective country and capital. Structure, (b) Copy of the license obtained by the foreign bank or financial institution to conduct banking and financial transactions in the respective country, (c) Details regarding the main place of business, (d) Balance sheet and profit of the last three financial years of the audited foreign bank or financial institution. -Certified copy of the loss account, (e) the proposed business plan, commercial strategy and type of business to be conducted in Nepal, details related to internal control and risk management, (f) the decision of a foreign bank or financial institution to open a bank or financial institution in Nepal in accordance with the law of the respective country and the authority given by the regulatory body of such country. (2) Upon examination of the application received for pre-approval and the documents attached thereto, if it is deemed appropriate to grant approval, within one hundred and twenty days of the receipt of the application, the foreign bank or The financial institution may give prior approval to establish a bank or financial institution for share investment or joint investment up to the specified limit. can own shares. (4) This ActNotwithstanding anything written elsewhere in this Act, any investment made by any foreign bank or financial institution or any other foreign institution in any bank or financial institution after obtaining approval in accordance with the prevailing law, shall be deemed to remain in that bank or financial institution.