Section 6
Approval To Be Obtained To Open Branch Office Of Bank Or Financial Institution
(1) If any internationally rated foreign bank or financial institution wishes to open a branch office to carry out banking and financial transactions or non-banking financial transactions within Nepal, prior approval of the Rastra Bank shall be obtained before opening such a branch office.
(2) For the purpose of Sub-Section (1), an application shall be made to the Rastra Bank along with the capital and fees as prescribed by the Rastra Bank.
(3) While making an application pursuant to Sub-Section (2), such a foreign bank or financial institution shall submit the following details and documents in addition to the details and documents as referred to in Sub-Section (1) of Section 5:-
(a) Written commitment made by the Board of Directors that it will make available on demand of the Rastra Bank the amount necessary for fulfilling its entire liabilities with regard to the
business activities of its branch or representative or liaison office of the foreign bank or financial institution concerned in Nepal,
(b) Details as to the location of the proposed branch office of the foreign bank or financial institution,
(c) Details as to the possible office bearers in the proposed branch office of the foreign bank or financial institution.
(4) The Rastra Bank may, if it deems necessary to demand further documents or details while carrying out inquiry into the documents or details submitted pursuant to Sub-Section (3), demand the required documents or details from the concerned applicants.
(5) The Rastra Bank may, if it deems appropriate to grant prior approval while carrying out inquiry into additional documents submitted pursuant to Sub-Section (3) and of the documents asked for submission pursuant to Sub-Section (4), grant approval to open a branch office in Nepal within one hundred twenty days after filing of the application, with or without prescribing any conditions.
(6) The foreign bank or financial institution, after obtaining prior approval as referred to in Sub-Section (5), shall register a branch office according to the prevailing companies laws.
(7) The branch office of a foreign bank or financial institution registered pursuant to Sub-Section (6) shall make an application to the Rastra Bank along with the following documents and details as well as the charge or fee as prescribed by the Rastra Bank for approval to carry out banking and financial transactions in Nepal:-
(a) Registration certificate registered according to the prevailing laws to carry out baking and financial transactions in Nepal as a branch office,
(c) Letter of approval or consent granted by the Government or Central Bank or regulating agency according to the law of the country concerned of the foreign bank or financial institution to open a branch office of such bank or financial institution in Nepal,
(d) Details of the discrepancy, if any, in any matter to be completed by the foreign bank or financial institution concerned according to this
Act after the submission of the application before the Rastra Bank for the establishment of a branch office of the foreign bank or financial institution or after obtaining approval from the Rastra Bank,
(e) Other information and details as may be demanded by the Rastra Bank.
(8) The Rastra Bank may, if it deems appropriate upon carrying out inquiry into the application received pursuant to Sub-Section (7), grant approval to such a branch office of a foreign bank or financial institution for carrying out banking and financial transactions in Nepal, within ninety days from the date of filing the application.
(9) The Rastra Bank may, while granting approval pursuant to Sub-Section (8), prescribe the necessary terms and conditions.
(10) A bank or financial institution may open a branch office outside Nepal by obtaining approval from the Rastra Bank.
(11) The Rastra Bank may, from time to time, make policies as may be required with regard for opening branch office outside of Nepal pursuant to Sub-Section (10).
(2) For the purpose of Sub-Section (1), an application shall be made to the Rastra Bank along with the capital and fees as prescribed by the Rastra Bank.
(3) While making an application pursuant to Sub-Section (2), such a foreign bank or financial institution shall submit the following details and documents in addition to the details and documents as referred to in Sub-Section (1) of Section 5:-
(a) Written commitment made by the Board of Directors that it will make available on demand of the Rastra Bank the amount necessary for fulfilling its entire liabilities with regard to the
business activities of its branch or representative or liaison office of the foreign bank or financial institution concerned in Nepal,
(b) Details as to the location of the proposed branch office of the foreign bank or financial institution,
(c) Details as to the possible office bearers in the proposed branch office of the foreign bank or financial institution.
(4) The Rastra Bank may, if it deems necessary to demand further documents or details while carrying out inquiry into the documents or details submitted pursuant to Sub-Section (3), demand the required documents or details from the concerned applicants.
(5) The Rastra Bank may, if it deems appropriate to grant prior approval while carrying out inquiry into additional documents submitted pursuant to Sub-Section (3) and of the documents asked for submission pursuant to Sub-Section (4), grant approval to open a branch office in Nepal within one hundred twenty days after filing of the application, with or without prescribing any conditions.
(6) The foreign bank or financial institution, after obtaining prior approval as referred to in Sub-Section (5), shall register a branch office according to the prevailing companies laws.
(7) The branch office of a foreign bank or financial institution registered pursuant to Sub-Section (6) shall make an application to the Rastra Bank along with the following documents and details as well as the charge or fee as prescribed by the Rastra Bank for approval to carry out banking and financial transactions in Nepal:-
(a) Registration certificate registered according to the prevailing laws to carry out baking and financial transactions in Nepal as a branch office,
(c) Letter of approval or consent granted by the Government or Central Bank or regulating agency according to the law of the country concerned of the foreign bank or financial institution to open a branch office of such bank or financial institution in Nepal,
(d) Details of the discrepancy, if any, in any matter to be completed by the foreign bank or financial institution concerned according to this
Act after the submission of the application before the Rastra Bank for the establishment of a branch office of the foreign bank or financial institution or after obtaining approval from the Rastra Bank,
(e) Other information and details as may be demanded by the Rastra Bank.
(8) The Rastra Bank may, if it deems appropriate upon carrying out inquiry into the application received pursuant to Sub-Section (7), grant approval to such a branch office of a foreign bank or financial institution for carrying out banking and financial transactions in Nepal, within ninety days from the date of filing the application.
(9) The Rastra Bank may, while granting approval pursuant to Sub-Section (8), prescribe the necessary terms and conditions.
(10) A bank or financial institution may open a branch office outside Nepal by obtaining approval from the Rastra Bank.
(11) The Rastra Bank may, from time to time, make policies as may be required with regard for opening branch office outside of Nepal pursuant to Sub-Section (10).