(1) The Rastra Bank may refuse to grant prior approval for the incorporation of any bank or financial institution and for opening a branch office of the foreign bank or financial institution in any of the following circumstances:
(a) If the name of or banking and financial transaction to be carried out by, the proposed bank or financial institution is not found to be appropriate from the point of view of public interest, religions, ethnicities or communities etc.,
(c) If the objectives of the proposed bank or financial institution are contrary to the laws in force,
(d) If incorporation of the proposed bank or financial institution does not seem to be technically appropriate,
(e) If a study of the feasibility study report, details and documents and other infrastructures submitted by the proposed bank or financial
institution does not provide a ground to believe that it may carry out financial transactions in a healthy and competitive manner,
(f) If all promoters of the proposed bank or financial institution have not signed the Memorandum of Association and Articles of Association, stating their names, addresses and number of shares subscribed by them, in the presence of a witness and the name and address of the witnesses have not been mentioned,
(g) If per person share investment limit and share ownership ratio has not been found to have been maintained as specified by the Rastra Bank from time to time,
(h) If it is found to be contrary to the policy relating to incorporation of banks or financial institutions and licensing policy issued by the Rastra Bank,
(i) If any condition as prescribed by the Rastra Bank has not been found to be fulfilled.
(2) If the Rastra Bank refuses to grant prior approval to the proposed bank or financial institution for any of the reasons as referred to in Sub-Section (1), information shall be given to the applicant stating the reasons thereof.