Electronic Transaction Rules 2064 ( 2007)

Section 12. Application to be filed for the Licence for Certification:

(1) Any person, firm or company having the following qualification, desirous to act as a Certifying Authority, shall have to file an application along with the application fee of Five Hundred Rupees to the Controller in the format as referred to in Schedule-2: (a) One who has paid-up capital of at least Ten Million Rupees or the assets equivalent thereof; (b) In case of a foreign firm or company where at least twenty per cent shares are under the ownership of a Nepali citizen or firm or company; Provided that, the Controller may provide such exemption from not applying the provision of this Clause wholly or partly, as he/she deems fit, to a firm or company desirous to act as a Certifying Authority that agrees a condition to fulfill (recruit) all the workers or employees from among the Nepali citizen having produced also necessary technical human resource in Nepal within one year from the date of operation and executes a contract accordingly (c) One who has technical human resources required for performing the functions as a Certifying Authority; (d) One who has at least Ten years of experience in computer related works; (e) Where there is no person as a board of director who has been convicted by a court in any criminal offence.

(2) The following documents shall be included in the application to be filed under Sub-rule (1): (a) Certificate of registration of the firm or company; (b) Other necessary documentary evidence certifying the paid-up capital and assets of the firm or company; (c) An original copy of bank guarantee equivalent to Two Million Five Hundred Thousand Rupees with a time period of Six months issued by any commercial bank within the Nepal as a warranty for commencing the act of certification within Six months from the date of receipt of such a licence where a licence is received as a Certifying Authority; (d) The details of joint venture, if any, in the computer related works with any foreign person, firm, company or institution; (e) The evidence of any agreement, if any, made in relation to the performance of computer related works on a joint venture with any foreign person, firm, company or institution; and (f) Other details as may be requested by the Controller.