In this Act, unless the subject or the context otherwise requires,-
(a) “Rastra Bank” means the Nepal Rastra Bank established under the Nepal Rastra Bank Act, 2058 (2002);
(b) “bank” means a corporate body incorporated to carry on financial transactions as referred to in Sub-section (1) of Section
(c) “financial institution” means a corporate body incorporated to carry on the transactions as referred to in Sub-section (2), (3) or
(4) of Section 47, and this term also includes a development bank, finance company or micro-finance development bank;
(d) “memorandum of association” means the memorandum of association of a bank or financial institution, and this term also includes the statute of a corporate body;
(e) “articles of association” means the articles of association of a bank or financial institution;
(f) “promoter” means a person who, having consented to subscribe at least one share, signs the memorandum of association and the articles of association for the establishment of a bank or financial institution pursuant to this Act;
(g) “share” means a division of the share capital of a bank or financial institution;
(h) “shareholder” means a person having ownership in a share of a bank or financial institution;
(i) “prospectus” means a prospectus to be published by a bank or financial institution pursuant to Section 6;
(j) “Board” means the Board of Directors of a bank or financial institution to be formed pursuant to Section 12;
(k) “chairperson” means the chairperson of the Board;
(l) “director” means a member of the Board, and this term also includes the chairperson and an alternate director;
(m) “officer” means the director, chief executive, secretary and employees of a bank or financial institution, and this term also includes a person who acts as an advisor, auditor and liquidator of the licensed institution;
(n) “license” means the license issued by the Rastra Bank to a bank or financial institution to carry on financial transactions, pursuant to this Act;
(o) “licensed institution” means a bank or financial institution which has obtained the license to carry on financial transactions pursuant to this Act;
(p) “financial transactions” means such transactions referred to in Section 47 as may be carried on by a bank or financial institution;
(q) “capital” means the authorized capital, issued capital or paid up capital of a bank or financial institution as referred to in Section 40;
(r) “capital fund” means the total of the primary and supplementary capital of a bank or financial institution, and this term includes any other fund of the institution as prescribed as such by the Nepal Rastra Bank from time to time;
(s) “primary capital” means the funds of a bank or financial institution listed under such headings as the paid-up capital, share premium, non-redeemable preference shares, general reserve fund and accumulated profit and loss, and this term also includes such other funds listed under other headings as may be prescribed as primary capital by the Rastra Bank from time to time;
(t) “supplementary capital” means the funds of a bank or financial institution kept under such headings as may be prescribed by the Rastra Bank from time to time;
(u) “risk-weighted assets” means the total assets calculated by multiplying the amounts coming under each heading of on- balance sheet and off-balance sheet operations of a bank or financial institution by the risk-weight prescribed by the Rastra Bank;
(v) “liquid assets” means the cash balances of a bank or financial institution, the balances held by a bank or financial institution in the current account, the balances maintained by a bank or financial institution in the Rastra Bank and such assets of a bank or financial institution prescribed as liquid assets by the Rastra Bank from time to time;
(w) “deposits” means amounts deposited in current, savings or fixed accounts of a bank or financial institution, and this term also includes such amounts as a bank or financial institution accepts through such various financial instruments as prescribed by the Rastra Bank;
(x) “current account” means an account of funds deposited with a bank or financial institution as may be withdrawn at any time on demand;
(y) “saving account” means an account of funds deposited with a bank or financial institution for purposes of saving;
(z) “fixed account” means an account of funds deposited with a bank or financial institution for a specified term;
(aa) “credit” means a direct or indirect commitment to supply funds, and in return therefor, the right to recover the invested funds, and payment of interest or other charges on such credit, re- finance issued against the security of a credit or investment, restructuring and renewal of a credit, security issued for the
repayment of such credit and other commitment made for such repayment, and this term also includes any credit in whatever form;
(bb) “currency” means any kind of currency notes, postal orders, postal notes, money orders, cheques, drafts, travelers cheques, letters of credit, bills of exchange, promissory notes and credit cards, and this term also includes similar other monetary instruments as may be prescribed by the Rastra Bank upon a public notification, as required;
(cc) “foreign currency” means any currency other than the Nepalese currency, and this term also includes special rights to draw funds (Special Drawing Rights) from the International Monetary Fund, the Asian Currency Unit, the European Currency Unit and such other instruments as may be prescribed by the Rastra Bank upon
a public notification, as required;
(dd) “foreign exchange” means a foreign currency, deposits, credits and balances of all types which are paid or received in a foreign currency, foreign securities and cheques, drafts, travelers cheques, electronic fund transfers, credit cards, letters of credit, bills of exchange and promissory notes which are in international circulation and are or can be paid in a foreign currency, and this term also includes any other such monetary instruments as may be prescribed by the Rastra Bank upon a public notification, as required;
(ee) “convertible foreign currencies” means any foreign currencies as may be designated as convertible foreign currencies by the Rastra Bank upon a public notification, as required;
(ff) “electronic fund transfer” means the business of accepting deposits, making payments and transferring funds through telephones, telex, computers or magnetic tapes or similar other electronic equipment; and this expression includes transactions to be carried on through automated teller machines and cash dispensing machines, as well as those to be carried on through charge cards, debit cards and credit cards;
(gg) “letter of credit” means a letter written by one bank or financial institution to another bank or financial institution authorizing the latter to accept cheques, drafts, hundis or bills of exchange of any specified person within the limit of the amount specified therein;
(hh) “negotiation” means the business of transferring a negotiable instrument to any person on the condition that the receiver may become the bearer thereof;
(ii) “negotiable instrument” means promissory notes, bills of exchange or cheques;
(jj) “bill of exchange” means a signed document issued by one person to another directing the latter to pay the specified sum of money unconditionally to any specified person mentioned in the bill or to the person designated by him or her or to the bearer, on the specified date or after the specified period or on demand;
(kk) “promissory note” means a document containing a signed pledge to pay a specified sum of money unconditionally to any specified person mentioned in the note or to the person designated by him or her or to the bearer of the note on the specified date or after the specified date or on demand;
(ll) “off-balance sheet transactions” means transactions relating to letters of credit, letters of guarantee, letters of acceptance, commitments, swaps, options and forward foreign exchange transactions for which a bank or financial institution may be required to bear liability and similar other transactions;
(mm) “chief executive” means the executive chairperson, chief executive officer, executive director, managing director, managing manager, executive manager, or general manager of a bank or financial institution; and this expression also includes any other officer working as the chief executive of a bank or financial institution;
(nn) “office” means the central office of a bank or financial institution, and this term also includes the regional, branch, sub- branch, depot, area, representative, liaison and any other office whatsoever of a bank or financial institution;
(oo) “financial interest” means a situation where ten per cent or more of the total paid-up capital of any firm, company or corporate body is held by any promoter or director, shareholder holding one per cent or more of the shares or the executive director or any member of his or her family or any individual, firm, company or corporate body empowered to nominate a director, whether singly or taken together; and such shall be deemed to be a situation where such promoter or director or shareholder holding one per cent or more of the shares or the chief executive or family member of such person has financial interests in such company or corporate body;
(pp) “family” means the concerned person’s husband or wife, son, daughter, adopted son, adopted daughter, father, mother, step- mother and elder brother, younger brother, elder sister and younger sister to be maintained by him or her;
(qq) “prescribed” or “as prescribed” means prescribed or as prescribed in the rules or bye-laws framed under this Act.