A pari passu agreement is essentially an agreement between creditors, which ensures that all creditors are treated equally in case of a borrower defaulting on their loan payments. In simpler terms, it means that all creditors are entitled to a proportional share of the borrower`s assets in case of bankruptcy or liquidation.
Now, let`s delve into how the pari passu agreement operates in Nepal. The country has seen a surge in foreign investment in recent years, leading to an increase in cross-border lending. As a result, the need for an efficient mechanism to govern creditor claims has become essential.
In Nepal, the pari passu agreement is governed by the Foreign Investment and One Window Policy Act, 2015, which includes provisions on creditor rank and priority. Under this act, a pari passu clause is included in all foreign investment agreements, ensuring that all creditors have equal rights to the borrower`s assets in case of liquidation.
Furthermore, the Nepalese government has also established a credit information bureau, which is responsible for maintaining a record of all borrowers` credit histories. This step has been taken to enhance transparency in lending and to enable creditors to make informed decisions before extending loans to a borrower.
The importance of a pari passu agreement in Nepal cannot be overstated. This agreement helps to promote a stable investment environment, boost investor confidence, and safeguard creditor interests. It is a vital tool in ensuring that all creditors receive a fair share of the borrower`s assets, thus preventing any undue advantage being given to any particular creditor.
In conclusion, the pari passu agreement in Nepal is an essential tool for maintaining the integrity of the country`s investment environment. The agreement ensures that all creditors are treated equally and that they have the same priority when it comes to resolving claims against a borrower. With the government`s emphasis on transparency in lending and credit reporting, investors can be assured of a more robust investment climate in the country.