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Legal Environment for Business in Nepal
26 September 2016
Saroj Shrestha 1
.
Saroj Shrestha 2
• Law is an instrument to regulate the
society.
• Law is a command of Sovereignty back by
sanction.
• Law is the body of Principles recognized
and applied by the state in administration
of justice.
• Law is that what the justice says in his
decision
3
4
 Rule made by authority for the proper regulation of
a community or society for correct conduct in life.
 Law is like a language it changes depending
upon time.
 “Law is that which must be obeyed and followed
by citizens subject to sanction and legal
consequences” (Black’s Law Dictionary)
• Equal treatment: Law treats all equally.
• Enactment of law: Law is enacted by Sovereign
• Power: Law has ultimate power behind it.
• Justice: Law creates Justice.
• Positive law: No one is above law.
• Status of usage: Any usage and tradition
• Role of law: Law imparts justice, maintain peace
and harmony
• Administration of law: The Court administers the
law.
Saroj Shrestha 5
 Business law has a vital role in creating, developing,
conducting, regulation, controlling, enhancing and
systemizing the business activities.
 Business law is designed for conducting business
activities in a systematic channel.
 Also known as Trade law, Commercial law,
Mercantile laws deals with business activities.
 The law relates to subject matters e.g. relating to
industry, trade and commerce.
6
 No economic status of the people can be sound and
no economy of a country can take motion without a
good business law.
 Business law should be enacted or amended
according to the pace of time and country’s situation.
 Without this law no such activities can be run
smoothly.
 Business law provides legitimacy, security, control and
incentives to business activities. Protects rights and
interests of consumers, labour, business and society.
7
 Means of maintaining peace and order
 Creation of good environment
 Encouragement and inducement
 Awareness for rights and caution to obligation
 Protection of rights and interests
 Settlement of dispute
 Guidance
 Economic Development
8
 Constitution : Constitution of Nepal 2072
 Acts: Contract, Company, FERA, Labour
 Ordinance: Executives/Decree or law promulgated
by a state or national government without the
consent of the legislature
 Precedents: Supreme Court decisions
 Regulations: Executive
 Directives: GoN.
 Circulars: Department/ Ministry/ Authorities
 Bye-Laws: Organization/Company/ Authorities
9
10Saroj Shrestha
If you have any questions or concerns, please discuss ..
Thank you !

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Law & business law

  • 1. Legal Environment for Business in Nepal 26 September 2016 Saroj Shrestha 1
  • 3. • Law is an instrument to regulate the society. • Law is a command of Sovereignty back by sanction. • Law is the body of Principles recognized and applied by the state in administration of justice. • Law is that what the justice says in his decision 3
  • 4. 4  Rule made by authority for the proper regulation of a community or society for correct conduct in life.  Law is like a language it changes depending upon time.  “Law is that which must be obeyed and followed by citizens subject to sanction and legal consequences” (Black’s Law Dictionary)
  • 5. • Equal treatment: Law treats all equally. • Enactment of law: Law is enacted by Sovereign • Power: Law has ultimate power behind it. • Justice: Law creates Justice. • Positive law: No one is above law. • Status of usage: Any usage and tradition • Role of law: Law imparts justice, maintain peace and harmony • Administration of law: The Court administers the law. Saroj Shrestha 5
  • 6.  Business law has a vital role in creating, developing, conducting, regulation, controlling, enhancing and systemizing the business activities.  Business law is designed for conducting business activities in a systematic channel.  Also known as Trade law, Commercial law, Mercantile laws deals with business activities.  The law relates to subject matters e.g. relating to industry, trade and commerce. 6
  • 7.  No economic status of the people can be sound and no economy of a country can take motion without a good business law.  Business law should be enacted or amended according to the pace of time and country’s situation.  Without this law no such activities can be run smoothly.  Business law provides legitimacy, security, control and incentives to business activities. Protects rights and interests of consumers, labour, business and society. 7
  • 8.  Means of maintaining peace and order  Creation of good environment  Encouragement and inducement  Awareness for rights and caution to obligation  Protection of rights and interests  Settlement of dispute  Guidance  Economic Development 8
  • 9.  Constitution : Constitution of Nepal 2072  Acts: Contract, Company, FERA, Labour  Ordinance: Executives/Decree or law promulgated by a state or national government without the consent of the legislature  Precedents: Supreme Court decisions  Regulations: Executive  Directives: GoN.  Circulars: Department/ Ministry/ Authorities  Bye-Laws: Organization/Company/ Authorities 9
  • 10. 10Saroj Shrestha If you have any questions or concerns, please discuss .. Thank you !