Professional Documents
Culture Documents
Bank and Financial Institution Act Highlights 2073
Bank and Financial Institution Act Highlights 2073
Bank and Financial Institution Act Highlights 2073
Features of BAFIA
– Before the incorporation of the Banks and Financial Institution, it is necessary to get prior approval from Nepal Rastra
Bank.
– To get prior approval from NRB, it is required to submit related documents along with the application.
Documents needed
Promotors are accused by criminal offenses such a money laundering, rape, banking offense, fraudulent,
forgery, etc.
If the proposed name is the same as previously registered B&FIs.
If the objectives and functions are against the provision and law.
– Incorporation of B&FIs with a joint venture or foreign investment need to get prior approval from NRB.
2. It has provision relating to the capital (Share, Stock) formation/ Share Transaction
– All the B&FIs must submit their prospectus to NRB before issuing share capital.
-To make a share transaction, they must assign capital/share manager and notice it within 7 days of an agreement.
-Lock up period for converting promotor share into the public is defined as 10 years.
-Lock up period for the transaction of promotor share is defined as 5 years and to make a transaction of promotor share
who holds more than 2% share capital of B&FIsmust ger prior approval from NRB.
-B&FIs can buy back their share if they fulfil the conditions which are outlined by law.
For general director – at least masters degree in related field or Bachelors + 3 years work experience of 5
years of work experience in a related field.
Independent director – Masters degree for A and class Bank, a bachelor for C class and as per the NRB for D
class.
6. Provision relating to the appointment of CEO, his/her functions, rights and duties.
7. Provision relating to the punishment of BFI’s who operate without getting a license.
BFIs must maintain the capital fund and Capital Adequacy Ratio as per the direction of NRB
Must maintain a general reserve fund
Must maintain a foreign exchange reserve fund
Must maintain liquidity fund as per the direction of NRB
Dividend announcement and distribution as per the direction of NRB
NRB approval needed an increase and decrease of capital
10. Provision relating to the functions and prohibited functions as per their class
12. Provision relating to loan advancement, loan inspection, and loan recovery
13. Provision relating to the accounting, auditing, record management of the BFIs
16. Provision relating to the punishment by NRB to other BFIs in the case of violation of the rules and regulation
20. Provision relating to the protection of depositors, transparency in the deposits, etc.
Submit an application to NRB with its rationale why who, how much, where from and what rate?
NRB should provide the approval to buyback or refuse to provide approval based on the submitted
document.
After getting approval from NRB, they must buyback share capital within the 6 months from the date of
approval received or within 1 year from the date of a special resolution.
Method to buyback