Provided above is the composite picture of the pieces of info-graphs retrieved from Starting a Business section of Doing Business Report 2016 published by the World Bank Group. The picture attempts to convey that Nepal remains as the only country all over Asia that urges entrepreneurs to employ third party legal agent (i.e., the most expensive procedure to start a business) to get their business incorporated.
Technically as per the Companies Act 2006, incorporating a business doesn’t require an entrepreneur to gain authorization by attorney or notarization. The procedure simply expects one to submit the Article of Incorporation and Memorandum of Association along with personal identification documents while paying minimal registration fees. However, the opacity of the law and inefficiencies in the judicial system has made the registration process far too complex for entrepreneurs to navigate through it without securing professional assistance. Hence, World Bank finds it better for entrepreneurs to use professional services by hiring expensive laws as it happened to be the only way for entrepreneurs to save time and be ensured that the process goes smoothly.
Nevertheless, the need to involve third-party professionals only imposes a cost that can be prohibitive to entrepreneurship. Even though such cost of employing third party legal service is not enlisted as a legal charge for incorporating a company, the bureaucratic hurdle present in the system that requires entrepreneurs to take legal assistance implies such cost to be relevant.
Business registration process should be designed in such a way that deems the use of legal services to be unnecessary. Entrepreneurs, especially those starting a small business, should be able to complete the registration process without having to pay exorbitant lawyers’ fees. After all, having to deal with cumber regulation procedure always creates room for bureaucratic corruption and larger informal economy with more unregistered businesses.