Section 72
Provisions Relating Agreement
Unless otherwise ordered by the Rastra Bank pursuant to this Act, the banks or financial institutions having obtained approval in principle for merger, amalgation or acquisition shall enter into an agreement stating the following matters:-
a. Provisions concerning the protection of the interests of depositors, creditors and shareholders,
b. Provisions concerning the valuation system and matching of assets and liabilities of the banks or financial institutions,
c. Provisions concerning management of investment and transaction, details of the inter-agency ownership and inter-agency transactions, details of guarantee and assurance, management of non-banking transactions, proper management of assets and liabilities,
d. Merger, merging and acquisition processes, the time to be taken and costs to be incurred,
e. Operation and management structure and the name list of Directors,
f. Arrangement for adjustment of level of employee of the bank or financial institution obtaining approval in principal for merger of acquision or of the principal institution and targeted institution and terms and conditions of services.
g. Details of the shareholders with substantial ownership and of other shareholders,
h. If the bank or financial institutions to be merged or acquired as a new bank or financial institution, the name, Memorandum of Association and Articles of Association, capital structure, restructuring and class thereof,
i. In the case of a foreign bank or financial institution, a letter of consent from the concerned regulating agency,
j. In the case of a foreign bank or financial institution, matters as to whether or not to acquire the business of a bank or financial institution located in Nepal, or if the entire business of such a bank or financial institution is to be sold in Nepal, matters relating thereto,
k. Grievance handling system of stakeholders,
l. The prevailing laws and process to be initiated for its compliance,
m. Other necessary details specified by the Rastra Bank.