We have substantial experience and deep knowledge of the legalities surrounding the banking, finance, and insurance sector in Nepal. We have advised industry-leading national and international clients (sponsors, borrowers and lenders) across the whole range of transactions and legal issues, from the documentation of highly valuable financing to the recovery of debt or enforcement of contractual obligations.
We have advised clients in structuring and documenting the whole range of financing options including secured and unsecured debt, equity finance, hybrid and mezzanine finance, asset finance, structured finance (including project finance), mergers and acquisitions, initial public offering, cryptocurrency, export finance, lease finance, securitisation, guarantees, performance bonds and negotiable instruments. In addition, our experience as legal advisor to the Federation of Nepalese Chamber of Commerce and Industries (FNCCI) in the drafting of the first-ever blacklisting directive and the prevailing Bank and Financial Institution Act 2073 (2017 AD) grants us an in-depth understanding of relevant regulations and regulatory change.
We have a wealth of experience litigating issues surrounding the regulations banking, finance, and insurance companies are faced with, including the creation of secured/unsecured debt, recovery of debt, dishonour of cheques, and validity of insurance claims, and contractual obligations (finance contracts).
Representative Experience:
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We advised a leading international construction materials firm on every phase of an IPO for its Nepalese subsidiary, along with a subsequent NEPSE listing.
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We advised an international bank on all aspects of its acquisition of a Nepalese bank, entering into joint ventures, loan documentation, and the regulation surrounding BFIs and loan recovery.
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Establishing an important precedent, we acted for a top Nepalese conglomerate and successfully obtained an injunction from the Nepalese Supreme Court to block a multijurisdictional SWIFT payment (under a letter of credit) 24 hours before payment was due, applying national and international laws and customs including the UCP 600.
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We successfully obtained numerous stay orders (accumulating to over 5 years) in a seemingly hopeless situation where following the default of a loan, a leading bank treated realty as a Non-Banking Asset and asked to vacate the property under the loan recovery process.
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We advised a top conglomerate on one of the largest Nepalese contracts for the purchase and sale of fertilisers and related structured financing agreements.
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We advised a top conglomerate on several first-of-a-kind transactions including international automobile dealership contracts, asset-based financing, purchase and lease of international goods and equipment, licensing of intellectual property, and financing options for consumers.
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We separately advised the Nepal Telecommunications Authority (telecommunications regulator) as well as a top telecommunications service operator on various network/distribution agreements, financing (debt and equity) contracts, consumer agreements, operation and management agreements, applicable regulation, and breach of contract litigation.
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We advised a top property developer on the acquisition of land, building permits, debt and equity financing, and consumer contracts in one of the first major residential property development projects in Nepal.
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We represented a leading consumer goods firm in the Supreme Court to enforce liens and charges emanating from different contracts with the same counterparty, forming a landmark judgment.
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We have represented several leading companies and businessmen in the High Court and Supreme Court to successfully establish or defend criminal and civil liability stemming from the dishonour of cheques.
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We have advised the leading insurance companies on the drafting of complex personal and commercial insurance. We also have a record of successfully representing insurance firms and beneficiaries in insurance claims in the appellate courts.
