With the advent of globalization, Nepal has seen a robust growth in e-commerce and information technology (IT) services in the last decade. In the last couple of years alone there has been a boom in online businesses and a rise in digital entrepreneurs. An important factor fueling this growth is the internet penetration which was at 40.37% as of March 2015, as per the latest Management Information System (MIS) report of Nepal Telecommunications Authority. Further, the same report provides that the telephone penetration in Nepal is at 99.4% as on March 2015.
Pioneer Law has developed a niche in this area and have been actively involved in providing specialist advice on a whole gamut of issues. Pioneer Law regularly advises the foreign and local clients in the negotiation and documentation of technology licensing / assignment agreements, software licensing / assignment agreements, merchandising and promotion agreements, and franchise arrangements. Pioneer Law has also developed expertise in the telecommunications sector and have been advising some of the dominant players in the telecommunication sector.
Our services in this practice area also include advising on: (a) data protection, privacy and internet security, (b) regulatory issues related to foreign investment, royalty payments and repatriations, (c) creating efficient business models for e-commerce businesses, and (d) advice on the provisions of the Electronic Transaction Act, 2063 (2006).
Our services in the telecommunication sector include- (a) advising on regulatory issues including telecommunication licenses, (b) drafting and review of agreements such as service and supply agreement, software licensing agreement, mobile app hosting agreement, and roaming agreements, (c) assisting with day-to-day legal and regulatory compliances and communication with the regulatory authorities, (d) advising on the policy papers and consultation documents disseminated by the regulators, and (e) representing clients in the telecommunication sector before various courts, quasi-judicial authorities, and tribunals.
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Tourism and hospitality are the key sources of foreign currency revenue of Nepal and the Government of Nepal has been giving more attention to the development of the tourism and hospitality sector.
On the tourism and hospitality front, Pioneer Law provides following services: (a) advice on the establishment of the hotels and resorts, travel and trekking agencies, (b) conducting of the legal due diligence and title search of the project assets, (c) advisory on the legal and regulatory framework, (d) investment and divestment in and from the hotel and hospitality assets, (e) drafting and review of the licensing/franchising agreements between the foreign service provided and local service recipient, and (f) obtaining governmental approvals.
Pioneer Law has advised the clients in the establishment and operation of the star rated hotels and tourists resorts. Pioneer Law has also been regularly advising the hotels, travel and trekking agencies on their routine operational matters. Pioneer Law has also advised popular international brands and hotel chains in reviewing and advising on technology transfer (managing/marketing/franchising/trademark licensing) agreements.
Please email us at firstname.lastname@example.org for more information on our work related to Tourism and Hospitality sector.
Consumer market in Nepal is small but fast moving and as is the case with the consumer related activities. Activities of the organizations advocating consumers’ interest have also seen remarkable growth. The voice of the consumer activists has been louder and consumer related issues get easy coverage in the media. Absence of unified consumer law is another issue that exposes the manufacturer and trader to the legal and reputational risk. A comprehensive checklist of consumer laws and regulations and proper legal guidance is important for the manufacturer and traders in Nepal.
Pioneer Law provides comprehensive compliance checklist on consumer and competition laws. Our main focus is to avoid the regulatory and reputational risks to the clients. Pioneer Law provides guidance to our clients on the entire gamut of matters related to consumers and competition including licensing, labeling, product recall, and promotional activities, identifying competition issues involving corporate restructuring, and corporate deals.
Pioneer Law has considerable experience in a variety of consumer related issues even in this small market to provide legal guidance to our clients. Pioneer Law provides service to the local subsidiaries of some of the multinationals on their regular consumer related issues, as well as the consumer law advice and guidance related to our jurisdiction to various corporate giants from different parts of the world.
Pioneer Law also provides complete service to food and manufacturing industries. Our services includes advice and guidance on the issues related to licensing, consumer, environment, labor, investment, tax and other applicable laws and regulations. Pioneer Law advises the local subsidiaries of some of the big multinationals involved in manufacturing of foods, paints and other consumer goods. Pioneer Law also acts as defense counsel for the corporation manufacturing different consumer goods including beverages, electrical appliances, locomotives etc.
Our service in this sector ranges from drafting documents, assisting in compliance, guiding in the regulatory issues, and representing before the courts, judicial and quasi -judicial authorities.
A team of lawyers at Pioneer Law with ample experience and extensive knowledge provide the service related to the consumer, competition laws and manufacturing and food industries.
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Education is mainly divided into two distinct sectors- formal and informal. Within the formal and informal sectors there are various sub- divisions. Different vehicles are available to run academic institutions in Nepal with substantial difference in terms of ownership, right, role and responsibilities. This sector by its nature is tightly regulated and requires many government formalities in the operational matters.
Pioneer Law provides complete services to our clients from educational sector. Pioneer Law provides a whole range of services in this sector from licensing to investment, taxation to employment, and ownership to day to day operations. Pioneer Law assists both the local and international schools established in Nepal on their day to day operational issues. Pioneer Law also provides restructuring advice and guidance to the foreign schools established in Nepal covering all the relevant laws including education laws, laws applicable to the different business vehicles, employment laws, immigration laws to name few.
Pioneer Law also provides local law advice to various academic institutions from abroad on their activities related to our jurisdiction. A team of lawyers with extensive knowledge and experience at Pioneer Law provide services in this sector.
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Nepal, one of the least developed countries, has been giving topmost priority to the development of energy and infrastructure sector. Nepal has been allocating its financial resources to the development of major energy and infrastructure projects defined as national priority projects which range from development of the storage hydropower projects to fast track roads.
Nepal has also amended and introduced quite a number of regulations over the last few years with an objective of facilitating public private partnership and encouraging private sector investment, both foreign and local, in the energy and infrastructure sector. Nepal has also established Investment Board, a high level board chaired by the Prime Minister to grant investment approval for mega energy and infrastructure projects, and facilitate the development and operation of such projects.
Pioneer Law has an extensive working knowledge and experience in the energy and infrastructure sector. Our services in this area of laws primarily include: (a) conducting of due diligence of the project, (b) advising on the regulatory and legal aspects of the project acquisition, development and operation, and (c) drafting and reviewing of the concession agreements, and (d) assisting the clients to negotiate with the contracting authorities.
Pioneer Law advised the consortium of the international lenders in the first two hydropower projects of Nepal in the mid-nineties and since then has rigorously advised investors and developers from diverse foreign countries and foreign multilateral agencies on their investments in the energy and infrastructure sector. In addition to this, Pioneer Law has also been engaged in legal reform relating to the energy and infrastructure sector, including review of the concession agreements.
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The establishment of the Nepal Stock Exchange (NEPSE) in 1994, the sole stock exchange of Nepal, opened an avenue for investors, both large and small, to invest in enterprises operating in various sectors. Simultaneously, this also provided enterprises with an opportunity to obtain capital which is indispensable to any business. The Securities Board of Nepal (SEBON) is the regulator of securities market in Nepal and has been regulating the securities market under the Securities Act, 2063 (2006).
The Securities Act is supplemented with a host of laws, regulations, guidelines and byelaws that regulate the issuance and trade of various types or securities, as also the activities of stock brokers and dealers. Pioneer Law’s Capital Markets practice covers- (a) review of offer documents and other transaction documents, (b) advice on rights issue and private placement of shares by listed entities and other public offerings, (c) advisory to listed entities and intermediaries on regulatory and statutory compliances, (d) assistance with registration with SEBON as well as in obtaining approvals, and (e) advising listed entities on corporate governance issues and disclosure requirements. Pioneer Law has also assisted the regulator and Multilateral Development Agency in important policy and legal reform projects including preparation of Capital Market Development Plan and revisiting of the securities regulations.
Pioneer Law has also been assisting our foreign clients listed or seeking listing overseas, to make disclosures regarding to their investment / operation in Nepal, in accordance with the relevant listing rules. Our dedicated team of lawyers having experience and knowledge in this area of practice, is able to keep up with the changes in the capital markets and provide solutions tailored to meet clients’ needs.
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Project finance is gaining momentum in Nepal especially for the long term infrastructure, energy and industrial projects. However, as a least developed economy, Nepal has its own country risk profile coupled with the lack of robust legal infrastructure required for project finance deals.
Pioneer Law advises various players involved in project finance deals ranging from the local and foreign financiers, investment funds, sponsors, to the government agencies and concessionaires. Pioneer Law advises on project finance deals in different sector of industries ranging from hydropower to hospitality, and infrastructure to industrial project.
On the project finance front, Pioneer law primarily provides following services: (a) overview of the legal and regulatory framework applicable to project finance ranging from foreign exchange regulation to securitization, (b) due diligence of the project; (c) advice on legal and regulatory risks associated with the project finance deals, (d) drafting and review of the financing and security documents, (e) assisting the clients in filing and recording the security interests with the relevant registry and obtaining the applicable government authorizations, and (f) advice on the enforcement actions and measures.
Pioneer Law has successfully completed various project finance deals for both foreign and local financiers including multilateral investment and development agencies and sponsors. Pioneer Law has a long standing experience in the project finance deals which dates back to the early nineties.
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Real estate is the prime assets in local market. Real property is only the reliable and widely accepted collateral in financial service. The business community needs to deal with the real property in some way or another in their business endeavor. The trend of development of apartments and housings by real estate developers is also rising in the fast growing urban cities.The local legislation dealing with real assets are very old and have been heavily based on socio-economic structure predominant at the time of their enactment and therefore have unique features and characters. The law governing the real estate business is new one and many issues are coming up with the implementation of these new laws.
Due to the distinct nature of the local laws on real property, business always have difficulty in finding out the risk associated with real estate and accordingly take appropriate measures to mitigate such risks.
At Pioneer Law, a complete solution on the real estate related issues can be found from trained and experienced attorneys. Pioneer Law provides extensive service on real estate from title search, determination of contingent risk to the overall due diligence in the real assets. Pioneer Law also provides complete advice on the matters related to real estate deals, mortgage of real assets, leasing arrangements, real estate tax etc.
Pioneer Law has good working experience on the transactions for sale and purchase of real property and structuring of such transactions. Pioneer Law has thoroughly assisted local companies undertaking various business activities such as manufacturing, services, information technology and even to diplomatic missions in their real estate deals right from the beginning of the deal (including drafting notices, bid documents, drafting sale and purchase agreements, and review of documents) to the transfer of title and post title transfer activities.Pioneer Law advises and assists the developers of apartment and housing on their day to day business related matters, including, drafting contracts, advice on ownership, and transfer of title, formation and operation of society and resolving of disputes between the developers and the users.
Pioneer Law also represents the clients in the different courts on real estate matters.
Pioneer Law has dedicated team with expertise and, experience in the local real estate laws and issues, to provide complete service to the clients in this area of practice.
Please email us at firstname.lastname@example.org for more information on our work or overview of our Real Estate practice.
In the context of Nepal, this branch of law is unique and has some sui generic features. The trade unions are strong and influential in the employment affairs. Further, the courts and employment regulators are more conservative when it comes to labor related issues and tend to take socialist approach and rule in favour of the employees.
In the employment affairs drafting employment rules, policies and contracts, the process of hiring and firing and grievance handling are some of the crucial areas. Special attention is required in hiring and firing of the employees in order to comply with the local laws and procedures. Balance between the law and the local employment practice is also desirable in drafting the employment rules, policies, employment contracts, in order to maintain smooth employment relationship. Experience hands are required to properly guide on the employment related disputes including the process of collective bargaining. Pioneer Law has a dedicated team with vast knowledge and experience to provide these very services.
Pioneer Law provides service in every aspect of employment related affairs. Pioneer Law regularly assists the clients in the drafting of employment rules, policies and contracts. Our clients come from different sectors including manufacturing and service industries, Not-for-Profit and development organizations, foreign diplomatic missions and international organizations from the United States of America, Mexico, India and various European countries.
Pioneer Law also has extensive experience in guiding our clients on the matters related to grievance handling, disciplinary action, issues with the trade unions, collective bargaining, structuring of the benefit packages, etc. Pioneer Law conducts labor audit and due diligence in labor related matters as part of corporate due diligence. Pioneer Law acts as a defense counsel on the labor matters before all level of courts and quasi-judicial and administrative authorities. Some of the cases represented by Pioneer Law on labor matters are treated as landmark decisions in this branch of law. Pioneer Law also provides the guidance to the clients in structuring the process of settlement with employees in case of liquidation / exit and conversion of business.
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Given that the financial sector is the backbone of any economy, this sector is highly regulated in Nepal. While the Nepal Rastra Bank regulates banks and financial institutions, the insurance businesses are regulated by the Insurance Board of Nepal. These regulators regularly publish directives and circulars that are often influenced by the political, social and economic factors. Given the vast range of laws and regulation that the financial sector is required to be compliant with, operating in this sector requires finest legal backing.
With our knowledge and understanding of regulatory issues and expectations of the financial sector regulators, Pioneer Law is equipped to meet client requirements and provide legal services that are consistent and reliable. Our services in this practice area include- (a) structuring of transactions, (b) drafting and review of term sheets and transactional documents, (c) advising on the regulatory framework and related issues, (d) issuing legal opinions and memos on various issues relating to the financial sector, (e) advising insurance companies operating in both life and non-life insurance sectors, on variety of issues.
Pioneer Law has represented client on high profile and complex transactions involving syndicated lending, debt restructuring and re-ﬁnancing, reinsurance, derivative transactions, and corporate debt, including syndicated loans, secured and unsecured loans, revolving credits, guarantee facilities and other forms of security. Pioneer Law works closely with foreign law firms as well as directly with the foreign banks and insurance companies, in advising them on their merchant and investment banking, and insurance businesses in Nepal. Pioneer Law also assists the foreign multinational banks on issues related to cross border promotion of the financial products.
Pioneer Law has been actively involved in legal and regulatory reforms in the financial sectors. Pioneer Law has assisted various clients including the regulators in reviewing the proposed new draft laws of the Bank and Financial Institution Act and Insurance Act and corporate governance circulars. Pioneer Law has also assisted a multilateral development agency in its attempt in modernizing the insolvency law, and been part of the development of regulation for the establishment of the infrastructure development bank, and secured transaction registry.
Please email us at firstname.lastname@example.org for more information on our work or overview of our Banking, Insurance and Financial sector practice.