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Share Transfer Process of a Bangladeshi Company | Cost, Required Documents & Restrictions | A complete Overview of How to Transfer Share

Share Transfer Process of a Bangladeshi Company | Cost, Required Documents & Restrictions | A complete Overview of How to Transfer Share

Share Transfer Process of a Bangladeshi Company | Cost, Documents| Overview

Tahmidur Rahman, Senior Associate, TR Barristers in Bangladesh

9 January, 2020

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Share Transfer of company in Bangladesh
[lwptoc]

What is ‘Share’ according to Bangladeshi Law?

The term ‘share’ is defined in Sec. 2 (1) (v) of the Companies Act of 1994, which reads as below:

  “Share means a share in the share capital of a company, and includes stock except where a distinction between stock and share is expressed or implied.”

Why a Company would like to Transfer Share in Bangladesh 

Share Transfer Process of a Company in Bangladesh can be a seamless process for both private and public limited companies. If someone (who is the company’s shareholder) wants to transfer his / her share to another person or if he / she does not want to remain the shareholder or director of this company, he / she may leave the share to someone else. Basically the existing shareholder of the company buys this particular share otherwise the new shareholder or director of this company may be involved by purchasing the transfer share. Monitoring of this activity by the Joint Stock Company Registrar and Firms (RJSC). The share allocation of the company is also a process that gets monitored by RJSC in Bangladesh.

The managers of the company may want to add experienced or veteran professional for some time to increase the business capacity of the company. The addition of a new shareholder or the company’s director is therefore a fairly conventional process. Companies generally include experienced business people in a particular area or country to increase the market and profit ratio of the company. RJSC is the only authority in Bangladesh for Company Registration, Share Transfer, Share Allotment, Wind-up and related business activities.

How to Share Transfer of a Company in Bangladesh?

In this infographics, the six steps is shown on how to transfer company shares in Bangladesh.

Shares in a company registered in Bangladesh are a movable property that can be transferred in a manner given in the company’s Articles of Association. But before proceeding with the Transferring Shares process, it is important to remember that the right to transfer shares may be restricted in a private limited company. Share Transfer Process of a Company is pretty straightforward if it’s not then.

If you want to know how to open a company in Bangladesh or about company formation click here!

Six Steps of Transferring Company Shares in Bangladesh

 

Here we have described in details (six steps), the procedure of transferring shares of a private limited company registered in Bangladesh.

 

Step1: Find out whether there was any existing restrictions against Share Transfer

 

The share transfer in a Private Limited Company can be restricted by the Articles of Association (AOA). Thus, the Articles of Association of the Company must be assessed before starting the offer exchange method. It is basic in Bangladesh that the organisation’s articles of affiliation typically contain pre-concurred methodology set out that are required to be followed for any exchange of offers in the organization.

 Limitations on right of the investors to move shares are for the most part as pre-emption. Which implies that if an investor wishes to sell a few or the entirety of his offers, such offers should initially be offered to other existing individuals from the private constrained organization at a value controlled by the Directors or the Auditor of the Company. In no current investor is intrigued, at that point portions of the Company can be unreservedly moved to an untouchable.

On the off chance that there is any limitation or extraordinary techniques, those confinement or strategy must be followed for any offer transfer.Which implies that if an investor wishes to sell a few or the entirety of his offers, such offers should initially be offered to other existing individuals from the private constrained organization at a value dictated by the Directors or the Auditor of the Company. In no current investor is intrigued, at that point portions of the Company can be openly moved to an outcast.

Hence, all the license, permits, agreement etc. should be checked for any restriction imposed on share Transfer Process of a Company. If there is any restriction, prior approval should be obtained.

 

Step 2: Notify the Board of the Directors of the Company

 

The Shareholder intending to move the offers should serve notice recorded as a hard copy to the Board of Directors of the Company about expectation to move portion of the organization. The Director may have the forces to deny enlistment of move of offers in specific situations – endorsed in the Articles of Association. The Board of Directors should hold an executive gathering and endorse the exchange of the offers. The Director ought to likewise give a declaration in this respect. 

Step 3: Paying the Price of the intended shares

Once the company has granted its approval, the price of the shares should have been paid. If both buyer and seller are local or foreign, there is no requirement for proof of payment. However, if the seller is a Bangladeshi and the buyer is a foreigner, the Joint Stock Companies and Firms Registrar (RJSC) will require a letter of bank encashment for the transfer of the share.

Step 4: Completion of Form 117

Once the company has granted its approval, the price of the shares should have been paid. If both buyer and seller are local or foreign, there is no requirement for proof of payment. However, if the seller is a Bangladeshi and the buyer is a foreigner, the Joint Stock Companies and Firms Registrar (RJSC) will require a letter of bank encashment for the transfer of the share.

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Step 5: Payment of Stamp Duty

Stamp duty is payable on the face value of each share.

Once the Form 117 is signed, a copy of the same should be delivered to the Company.

Step 6: AMENDMENT OF THE SHARE CERTIFICATE REGISTRAR BOOKS AND ISSUANCE.

Upon completion of the above steps, the company should update its share registrar, share transfer registrar, minutes registrar, and issue a share certificate in favour of the new shareholder or modify the existing share certificate to reflect the changes.

Essential documents needed for Share Transfer of the Company

 

Essential documents needed for Share Transfer of the Company:

1. Letter from Company’s board of director approving the transfer company’s share.
2. A document indicating Number of shares to be transferred of the Company.
3.A completed (signed) Company form 117.
4. Board Resolution by the company approving the transfer of the shares; and
5.Certificate of Transfer of Shares.

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Business Visas in Bangladesh | Types, Eligibility and Requirements and how to get them | Immigration Law Firm in Dhaka, Bangladesh

Business Visas in Bangladesh | Types, Eligibility and Requirements and how to get them | Immigration Law Firm in Dhaka, Bangladesh

Bangladesh Business Law –  Top Commercial Law Firm in Dhaka Bangladesh

Business Visa in Bangladesh | Types and Requirements

Tahmidur Rahman, Managing Partner

8 jan 2020

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Visa application process in Bangladesh_Best immigration law firm in Bangladesh
[lwptoc]

Business Visa in Bangladesh

Business visa is valid for six months in Bangladesh and as it is a multi-entry visa. From up to three to five (3-5) years, you can extend your business visa to Bangladesh.

You don’t get a business visa to work in Bangladesh. If you’re going to get a job, you need a work permit.

Nevertheless, you can use your business visa to carry out activities such as:

 

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Obtaining process of a visa in Bangladesh 

Bangladesh offers various types of visas to foreign nationals who want to use the current investment and work opportunities provided by the Bangladesh government. Visa from any foreign country is relatively easy to obtain, but there are no clear guidelines and the procedure of diplomatic missions in Bangladesh varies from mission to mission.

A visa to be obtained from the Bangladeshi diplomatic mission in the country of the visa applicant will be required for business visitors to Bangladesh. Depending on the political climate and other domestic issues, visa availability varies. It is generally recommended to obtain a visa before arrival in your home country.

General Requirement of visa (There will be additional requirement based on the type of visas)

  • Filled-in application form
  • Photographs (Size: 37mmX37mm and recent one): 02 copies
  • Valid passport and
  • Payment receipt of visa fee

Types of Visas:

 

Here are the Visa Classifications in details:

 

 Business Visas in Bangladesh

 

Business visa is usually approved for business people who want to make use of the possibility of doing business in Bangladesh. For example, meeting various business people and government officials to make investments in Bangladesh, visiting factories and workers, testing legal barriers, contacting various staff to discuss possible business strategy in Bangladesh. However, the purpose of such a visit should be limited to the type of activities mentioned above and the person with business visa is not permitted to do any kind of business without the permission of the relevant authority (e.g. BIDA, BEPZA) or to engage in any kind of work without work permit.

        Employment Visa in Bangladesh

A Bangladesh employment permit enables its holder to work and be employed in the country. It is a multi-entry visa and is valid for three (3) months in the beginning. Therefore, once it loses its value, you can also expand it. Note, however, that the period of validity depends on the duration of the contract of employment. The Department of Immigration and Passports will subsequently extend the validity of a multi-travel facility visa for a maximum period of 1 (one) to 2 (two) years at a time, based on the receipt of a work permit for employees, airlines, banks and insurance companies and on the recommendation of Bangladesh’s sponsors. 

Eligible persons:

(A) Govt-employed experts / consultants / employees. /Half Govt. Organization, organisations that are independent and similar.

(B) Local and Foreign Govt./Private, Industrial / Trading Organizations and Liaison Office, Branch Office employees and employees.

(C) Local and foreign workers and individuals. /Private undertakings and institutions of the same class.

Authorized duration of stay: The relevant Bangladesh Mission initially issues visa for a maximum period of 3 (three) months subject to submission of papers/documents in support of the appointment with application.

Indicative list of required documents: Letter of Appointment and Letter of recommendation from the concerned Ministry in Bangladesh / Bangladesh Investment Development Authority (BIDA) / Bangladesh Export Processing Zones Authority (BEPZA)

 

 

 Investment Visas in Bangladesh

 

The primary purpose of the Bangladesh investment visa is to allow the holder to attend business meetings and keep them. But these meetings will, of course, be linked to their domestic investments.

The initial duration of this visa is one (1) year with a maximum of three (3) months per year, which means that every three (3) months the investor has to leave and re-enter Bangladesh. The visa may be extended up to five (5) years if the investor decides to continue investing in Bangladesh.

Note that a letter of recommendation is required for this visa. It can be from either a local or a Bangladesh sponsor from abroad. Another prerequisite is that you need a BEPZA or BOI certificate to prove you have a Bangladesh investment.

In general, seven (7) working days are the process time for this visa. You must seek a visa from a foreign embassy in Bangladesh.

Recall also that the investment visa does not allow employment to be taken up. Therefore, if you are planning to be employed in Bangladesh by a corporation, you must also obtain a work permit.

FE VISA in Bangladesh

Eligible Individuals: spouse and other dependent members of the Principal Visa group E.

Authorized period of stay: the same length of stay as the Principal visa trip in the E category.

Indicative list of required documents: Relevant documents e.g. birth/ marriage certificates / letter from recommending authority

 

“Visa from any foreign country is relatively easy to obtain, but there are no clear guidelines and the procedure of diplomatic missions in Bangladesh varies from mission to mission.”

Visa on Arrival in Bangladesh:

 

Eligible people: HSIA may also apply for VOA from foreign investors and business persons. VOA may not be qualified for by all nationals. The issuance of this visa is the Bangladeshi immigration officer’s sole discretion.

Permitted length of stay: 30 days.

Required document indicative list:

a. The candidate for the LP / VOA must have a return ticket together with

b. Letter or identity certificate from various associations of export-oriented commercial / industrial organizations (i.e.–FBCCI / BGMEA) in their letterhead specifying the relationship between the claimant and the organization and the length of the relationship.

c. The VOA applicant must have US $500 or equivalent foreign currency endorsed in his/her passport, credit card, debit card, travellers’ cheque or in cash.

 

 

 

➤ E1 Visa in Bangladesh –

 

Authorized length of stay: E1 visa is granted by the Embassy of the People’s Republic of Bangladesh of the country concerned for a maximum period of 6 (six) months, subject to the presentation of papers / documents in support of the appointment.

 

Eligible persons: Persons visiting equipment and software / project supervision supply / installation / maintenance etc. Indicative list of required documents: invitation from the local sponsor, copy of the agreement, recommendation from the Bangladesh Investment Development Authority (BIDA)/Bangladesh Export Processing Zones Authority (BEPZA)/department / agency.

 

 

 

➤ PI Visa in Bangladesh:

 

 

Eligible Persons: Investors in existing / new / under construction / new industrial / commercial entity in the private sector under a joint venture or a 100% foreign-owned company Authorized length of stay: PI visas shall be issued at the first application for a period of 3 months, if applied with the relevant documents.

Authorized duration of stay: PI visas are issued for a period of 3 months at the first application, if applied with relevant documents.

Indicative list of required documents: Certificate / Letter of BIDA / BEPZA (if applicable) certifying that the applicant is a genuine investor

 

 

 

➤ A3 Visa in Bangladesh-

 

Eligible Persons: Experts / advisers / officials / staff members / labors working in any project under the bilateral / multilateral agreement between Bangladesh government

and development partner agencies

Authorized duration of stay: The concerned Bangladesh Mission grant A3 visa for a maximum period of 3 (three) months subject to submission of appointment letter upon application.

Indicative list of required documents:

1. Recommendation from concerned Ministry / ERD / Govt. Organization and copy of agreement.

2. Security clearance from Ministry of Home Affairs.

 

 ➤FPI Visa in Bangladesh

 

 

 

Eligible Persons: Spouse and dependent members of the Principal travelling on PI category visa

Authorized duration of stay: same duration as Principal travelling on PI category visa.

Indicative list of required documents: Relevant documents e.g. birth/ marriage certificate / letter from recommending authority

➤FA3 Visa in Bangladesh:

 

 

Eligible Persons: Spouse and other dependent family members of A3 visa holders.

Authorized duration of stay: same duration as Principal traveling on A3 category visa.

Indicative list of required documents:

1. Recommendation from concerned Ministry / ERD / Govt. Organization/copy of agreement/MOU etc. with GOB.

2. Police Verification Report

 

 

➤ J visa in Bangladesh

Eligible Persons: Journalists of newspapers / magazines / TV or radio networks / news agencies / representatives of print, electronic or satellite media / freelance journalists etc.

Authorized duration of stay: usually 3 years

Indicative list of required documents: A clearance from the Ministry of Foreign Affairs ‘ External Publicity Wing is required for the issuance of J category visa. Usually it takes 21 days to process after the application has been submitted. The applicant must also apply, together with the visa application form, duly filled in FF-I and FF-II forms.

 

 

 

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Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | নারী নির্যাতন অপরাধসমূহ আইন

Tahmidur Rahman, Senior Associate

28 Oct 2019

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Women rights against sexual violence law firm in Bangladesh
[lwptoc]

Women Rights against Sexual Violence in Bangladesh:

Are you being sexually abused and would like to know about your rights in Bangladesh and take legal actions against the perprator? Or are you wrongfully accused of an offence of sexual violence? This post in details will deal with the legal provisions and remedies of women’s rights against sexual violence and the process of taking legal action based on those discrete situations.

 

Sexual Violence in Bangladesh

In our country (i.e in Bangladesh), there are different laws to deal with women’s oppression, most of which are described in Nari-O-Shishu Nirjaton Daman Ain 2000. This “Act” comprises 34 parts of a strict nature and is considered one of the most important laws dealing with violence against women and children despite having “Penal Code” and “CRPC” in our judiciary. It deals with crimes related to the trafficking and abduction of children and women on women and children, rape, rape and dowry-related death, sexual harassment, etc.

Domestic abuse as an incident or pattern of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, by a partner or ex-partner in the majority of cases, but also by a family member or career. It is faced by women in the vast majority of cases and committed by men. A non-partner (not including sexual harassment) is estimated to have experienced either physical or sexual intimate partner violence or sexual violence at some point in their lives by 35 percent of women worldwide.

 

Nari-O-Shishu Nirjaton Daman Ain 2000

Before we dive into the punishment regarding the crimes and how you can avail the necessary support lets see the Flowcharts which will help to classify the crime and its degree henceforth. 

Here in the first part (Section 01-08) of the infographics of the act, which prominently deals with abduction, kidnap predominantly.

 

 

Section 9 (Rape)

This part of the flowchart specifically deals with the Rape in Bangladesh by a sexual offender hence all subsections of the section are included below.

Procedure of the Act for Women Rights against Sexual Violence Bangladesh:

In regards to Women Rights against Sexual Violence in Bangladesh, Nari O Shishu Nirjaton Daman Ain is quite stern and includes extreme punishments of land. Section 19(1), as its counterpart section 4(f) of the CRPC, clearly makes all crimes under this act “cognizable.” A “Cognizable Offence” may be charged without a warrant by the police. Nevertheless, the most striking part of this Act is Section 19(2), which made all crimes pursuant to this Act non-bailable. This definitely limits other insincere attorneys who want to keep an offender out of court instead of keeping him behind the bar. Another landmark when it comes to research.

Domestic abuse as an incident or pattern of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, by a partner or ex-partner in the majority of cases, but also by a family member or career. It is faced by women in the vast majority of cases and committed by men. A non-partner (not including sexual harassment) is estimated to have experienced either physical or sexual intimate partner violence or sexual violence at some point in their lives by 35 percent of women worldwide.

The investigation is to be completed within fifteen working days from the date of the arrest pursuant to Section 18(1)(a). Additionally, Section 18(1)(b) provides for the completion of the inquiry within sixty working days where the perpetrator is not found but the time limit may be extended subject to the fulfilment of the conditions contained in the following sections. This requires an appointed body (Police) to pass the order of the investigation within a specified period of time for the end of justice.

 

OFFENCE COMMITTED BY CORROSIVE OR ANY OTHER SUBSTANCES (Punishment):

 

 

  •  Death or attempt to death:

Offences such as causing death or attempting to cause death of any woman or child by a burner, corrosive toxic substance or causing harm to a child or woman resulting in permanent damage to the sight or ear or disfiguring any part of the woman’s or child’s body with any organ, joint or limb, shall punish the offender with death or lifetime transportation.

  • Throwing or Attempting to throw Substance Burner

For throwing or attempting to throw any substance burner, caustic or poisonous over a child or a woman, the offender shall be punished, with rigorous imprisonment of either description which may extend to seven years but not less than three years and also with fine not exceeding fifty thousand bdt.

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OFFENCE COMMITTED BY CORROSIVE OR ANY OTHER SUBSTANCES (Punishment):

 

 

  •  Rape offence punishment in Bangladesh:

The offender shall be punished with life imprisonment and fine for rape with a woman or child. If the woman or child so raped died later as a result of rape or any act by him, the rapist shall be punished with death or lifelong transportation and also with a fine not exceeding one lakh bdt.

  • Gang Rape Punishment in Bangladesh

According to a criminal defense attorney, if more than one man rape a woman or a child and that woman or child dies or is injured in consequences of that rape, each of the gang shall be punished with death or rigorous imprisonment for life and also with fine not exceeding one lac taka.

  • Rape in Police Custody

    If a woman is raped in police custody, each and every person under whose custody the rape was committed and all of whom were directly responsible for that woman’s safety shall be punished for failing to provide security, unless otherwise proved, with imprisonment for either description extending to ten years but not less than five years of rigorous imprisonment and fines.
 

  •  Medical test of a woman or a child being raped

A woman or child being assaulted must be subjected to medical tests as soon as the crime is committed. If the medical examination is not carried out immediately, the Court may order the doctor’s appointing authority to take action against him for neglect of duty.

  •   Punishments for causing death due to dowry

If, on behalf of the husband, the husband of a woman or his father, mother, guardian or any other individual causes death or attempts to cause death, causes harm or attempts to cause harm to the wife, husband, parent, mother guardian, relative or any other person on his behalf, they shall be punished; for causing death or attempts to cause death, they shall be punished with transportation for life and so forth.

 

  •  Safe Custody

If the Tribunal finds that there is a need for any woman or child to be held in safe custody at any point of an offence trial, the Tribunal may order that the woman or child be kept out of prison and under a Govt’s custody. Govt-determined authority. To that end, or under the custody of a person or organization that the tribunal considers appropriate.

  •   Appeal

The aggrieved party by the order, judgment or punishment imposed by the Tribunal, can appeal to the High Court Division within the period of sixty days against such order, judgment or punishment.

 

 

What if you are wrongfully accused of sexual harrasment in Bangladesh? 

The police will arrest such a person only if he (the accused) is involved with any identifiable crime or if a legitimate allegation has been made or if credible information has been obtained or if there is reasonable suspicion that he or she is associated with it. Consequently, in most cases, police may arrest the person against whom any complaint has been made under the Nari-O-Shishu Nirjaton Daman Ain for committing any offense. 

 

Serious crimes, including Nari-O-Shishu Nirjaton Daman Ain offenses, in practice. But in such situations, without unnecessary delay, the arrested person must be handed over to the police.

 

The inquiry guidelines are included in the S. 18 Of the law. Based on S. 18(1)(a) The investigation into the offenses must be completed within fifteen working days of the date on which the accused was arrested or handed over to the police while the accused was caught in red handed over at the time the crime was commissioned.

Otherwise, S. 18(1)(b) calls for the investigation to be concluded within sixty working days where the accused is not caught in red handed over but as a result of the request by the approved officer or the Tribunal of the First Information Report (FIR) or as a result of the investigation. The time limit may be extended if the conditions specified in the following sections are fulfilled. Therefore, it appears from the aforementioned provisions that investigating any allegation regarding Nari Nirjaton does not depend on the accused person being arrested. Law requires that each case be investigated and submitted to the Court followed by the Police Report.

Legal Support regarding Nari o shishu nirjatan daman ain by TR Barristers in Bangladesh

If the other party participates in unfair practices, this could be reversed by an appeal to a negative judgment. TR Barristers in Bangladesh provides the client with the most promising advice to try the best result in that situation. Whether you need assistance in deciding your dispute is a suitable applicant for Nari o shishu nirjatan daman ain or you need counsel to ensure that your legal rights are protected while you are engaged in cases involving Nari o shishu nirjatan daman ain, The Barristers, Advocates, and lawyers at TR Barristers in Bangladesh, Dhaka, Bangladesh law firm, are highly experienced in dealing with them.

For Legal Support regarding Nari o shishu nirjatan daman ain by TR Barristers in Bangladesh: style=”font-size: 20px;”> 

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What to do When cheque dishonour or bounce in Bangladeshi Law?

What to do When cheque dishonour or bounce in Bangladeshi Law?

Cheque dishonour or bounce in Bangladeshi Law in 2024 – What should you do?


What to do When Cheque Dishonour or Bounce in Bangladesh? How can you take legal actions to retrieve your money? This post provides COMPLETE OVERVIEW OF HOW TO DEAL WITH CHEQUE DISHONOURING IN BANGLADESH.

Cheque Dishonour or Bounce in Bangladesh

Currently, even a business organisation in Bangladesh like MANY OTHER COUNTRIES, without maintaining a bank account, can not operate its daily activities. Despite the massive development in the recent past in BANGLADESH OF ALTERNATIVE delivery channels such as Internet Banking, BEFTN (Bangladesh Electronic Funds Transfer Network), RTGS (Real Time Gross Settlement) and many other aspects of digital banking, people are still comfortable enough to use checks for personal and business transactions. In the case of large-scale TRANSACTIONS, the use of checks is obviously the best way in our country because of security issues.

The possibility of a check being dishonoured is significantly high due to the high number of transactions through this mode. The receiver of checks must therefore have sufficient and effective legal redress, which they can consider when faced with this situation. Recently, in a case of dishonouring the test, a well-known film actor has been accused and filing these cases is almost regular occurrences with different courts across our country. People deliberately issue checks without making funds available in their bank accounts due to a lack of integrity and ethical practice. It may only seem to be a misdemeanour, it is, in fact, a serious crime.

Cheque Dishonour or Bounce – In Laws of Bangladesh

BOTH THE GOVERNMENT OF BANGLADESH AND THE BANK OF BANGLADESH HAVE TAKEN A NUMBER OF STEPS TO PROVIDE ADEQUATE LEGAL REMEDY TO PROTECT AND PULL THIS STATE. THE FOLLOWING DISCUSSION WILL FOCUS ON OUR COUNTRY’S PREVAILING CHECK DISHONOUR LAW:

1. The most vital LAW ENACTED TO PROVIDE LEGAL REMEDY TO SUCH A SITUATION IS THE NEGOTIABLE INSTRUMENTS ACT, 1881 (Act No. XXVI of 1881). Section 6 of this Act established what constitutes a cheque, stating that’ a bill of exchange drawn on a stated banker and not presented as payable other than on order.’ In addition, in the case of laws, a check was also known as an order on a borrower by a lender to pay the whole or part of a debt to another person.

2. If a check is not cleared because of insufficient funds or if the debtor who issued the check to the lender ordered his bank to dishonor the check or for any other reason, then the remedy will be under Section 138 of the above Act.

3. Section 138 of the Negotiable Instrument Act, 1881 makes it clear that, whenever a check is bounced, it is then accepted as correct until it is otherwise proved that an unscriptural guilt is created which involves punishment of a criminal nature which may include 01 (one) year of captivity or fine, which may extend to three times the value of the dishonoured check or both. In addition, the person who is regrettable also has a civil remedy under the same section, and in order to obtain the civil remedy, the person has to take some steps.

Best Cheque Dishonor Law Firm In Bangladesh | Tahmidur Rahman

4. The first issue to be assessed by the court is whether the check has been presented to the bank for withdrawal within six months of the person being dismissed. If the check has been presented to the bank for withdrawal any time after it has been given to the regrettable person for six months, then the court will not allow the claim. Considering that the check has been submitted within a valid period of time and if it is dishonored, then pursuant to Section 138 of the Negotiable Instrument Act, 1881, the unfortunate person must send a written notice by registered post with acknowledgement due to the person who gave the check claiming the money back.

5. THIS NOTICE REQUIRING THE MONEY BACK MUST BE SENT WITHIN 30 DAYS AFTER THE CHECK HAS BEEN BOUNCED, THAT IS, WHEN THE REGRETTABLE PERSON HAS BEEN NOTIFIED THAT THE CHECK GIVEN HAS BOUNCED DUE TO INSUFFICIENT FUNDS OR OTHER REASONS. AGAIN, THE COURT WILL NOT PROVIDE ANY REDRESS IF THE NOTICE DEMANDING THE MONEY IS NOT SENT WITHIN THE CONSTITUTIVE TIME. AFTER THE ABOVE PROCESS HAS BEEN COMPLETED AND THE PERSON RECEIVING THE NOTICE DOES NOT PAY BACK THE MONEY WITHIN 30 DAYS OF RECEIVING THE NOTICE, THE MORTIFIED PERSON WILL BE ALLOWED TO BRING A CIVIL CLAIM AGAINST THAT PERSON FOR THE RECOVERY OF THE MONEY.

6. It should be remembered that the crime of dishonor of the search referred to in section 138 of the Act is considered a criminal offence. The legislation was aimed at punishing and not obtaining a due sum. Nevertheless, the section retains the possibility of restitution as the owner of the check can be paid by the court an amount of any fine recovered up to the check value. If someone wants to recover cash that has not been discovered then he or she will file a civil SUIT FOR MONEY recovery. In reality, however, it was found that filing a criminal proceeding under s.138 was the most effective way to recover money.

Hence the conditions for filing a case when Cheque Dishonours or Bounce in Bangladsh :

THERE ARE CERTAIN PROCEDURES THAT MUST BE FOLLOWED BEFORE A CRIMINAL PROSECUTION CAN BE FILED. FIRST, PRESENT THE CHECK WITHIN THE VALIDITY OF THE CHECK TO THE BANK FOR ENCASHMENT. A VERIFICATION IS VALID FOR SIX MONTHS FROM THE TEST DATE. IF THE CHECK IS NOT RETURNED, YOU WILL RECEIVE A BANK MEMO EXPLAINING THE REASON FOR THE CHECK’S RETURN. IF THE EXPLANATION IS’ INSUFFICIENT MONEY’ OR’ INSTRUCTION FROM THE ISSUER’ THEN YOU CAN START THE PROCESS UNDER THE NI ACT AFTER RECEIVING THE INFORMATION FROM THE BANK GIVE YOUR CUSTOMER (THE CHECK DRAWER). WITHIN 30 DAYS FROM THE DATE YOU RECEIVED THESE INFORMATION, YOU MUST SUBMIT A NOTE.

Infographics Cheque Dishonour In Bangladesh

Step by Step Process for filing a case for Cheque Dishonour or Bounce in Bangladesh

The recipient of the check may file a case against the applicant under the following conditions:

(A) Submitting the check to the bank: 

The default check must be submitted to the bank for encashment within 6 months from the date it is drawn. If the check is dishonored, due to such dishonour, the bank shall give a slip.

(B) Legal Notice: 

Upon obtaining a check dishonor slip from the bank, the payment application shall be made by notifying the giver of the check within 30 days by registered post. The recipient will give the money back for 30 days.

(C) Implementing Section 138

Unless, within 30 days of receiving the notice, the giver of the check fails to make the payment of the said amount of money, the receiver of the check shall file a case under section 138 of the Negotiable Instruments Act, 1881.

NOW WHERE AND HOW TO FILE A CASE FOR CHEQUE DISHONOUR OR BOUNCE IN BANGLADESH

The recipient of the check may file a case against the applicant under the following conditions:

When the owner presents the check for encashment to a bank, he will bring in court the claim for check dishonor that has local jurisdiction over that bank.
The offense of check dishonor can be completed with the emphasis on certain specifics: 

i) drawing of the check, 

ii) presenting the check, 

ii) returning the check unpaid by the drawee bank, 

iv) giving written notice to the drawer of the check demanding payment of the check sum, 

v) failure of the drawer to make payment within 30 days of receipt of the notice.s of receiving the notice, the giver of the check fails to make the payment of the said amount of money, the receiver of the check shall file a case under section 138 of the Negotiable Instruments Act, 1881.

Now, if the above five different acts were carried out in five different locations, one of the courts exercising jurisdiction in one of the five local areas could become the place of trial for the offense of cheque dishonour. The plaintiff may select any of the courts in whose jurisdiction any of the five components of the said offense have been made.

Bank Cheque Bounce Legal Action Law Firm In Dhaka_Tahmidur Rahman

Essential documents you need if you would like to file a case against a dishonoured cheque in Bangladesh

BEFORE PROCEEDING TO FILE A CASE, A COMPLAINANT MUST KEEP SOME ESSENTIAL REQUIREMENTS IN MIND WHICH ARE AS FOLLOWS:

  • The dishonoured cheque
  • Bank slip regarding cheque dishonour
  • Copy of legal notice
  • Postal receipt and acknowledgment letter of legal notice
  • Copy of newspaper where legal notice is published, if any
  • Authorization letter or power of attorney if ‘Authorized Agent’ files the case
  • List of WITNESSES
  • Costs of the case such as Court fee, lawyer’s fee etc.
  • Government or private legal aid if unable to bear the costs of the case
  • Intention to go for settlement with the offender to get the money.

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PENALTY FOR CHEQUE DISHONOUR or Bounce in Bangladesh:

The offender who commits the dishonor of the cheque shall be punished with imprisonment for a term of up to one year or with a fine of up to three times the value of the cheque or both.

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FAQ

What is a Cheque Dishonour in Bangladesh?

Dishonoured checks are ones that the bank on which they are drawn declines to honor (pay). Non-sufficient funds (NSF), which denotes that there are not enough cleared funds in the account on which the check was drawn, is the most frequent cause for a bank to refuse to honor a check. [1] A bad check, dishonored check, bounced check, cold check, rubber check, returned item, or hot check are all terms that might be used to describe an NSF check. Such checks are often returned with the endorsement “Refer to drawer,” instructing the recipient to get in touch with the check’s issuer for a justification of why it wasn’t cashed.

What are the differences between cheque bounce and Dishonour?

The sole difference between a cheque bounce and a cheque dishonour is that a cheque dishonour happened because of a distinguishing signature, an incorrect date, etc. However, the reason the check bounced was because there weren’t enough funds in the drawer’s account.

Can I present the dishonoured cheque again for a second time?

Yes, even if the check was previously dishonored, you may still bring it to the bank for payment. It should go without saying that the check can only be presented in the bank once while it is still valid. The typical check’s validity term is three months. 

What are the reasons for refusing a cheque in Bangladesh by a Bank?

Any major bank may refuse to honor a check if there aren’t enough cleared funds in the account to cover it. Additional justifications for not honoring a check include: 

  1. The account holder instructs the bank not to pay the cheque, which is known as a stopped cheque; the account holder’s funds are frozen; 
  2. the account does not actually exist because a false cheque was presented; the cheque’s date is outside the time frame allowed by law; 
  3. the signature on the cheque does not match the signature on file of the account holder or another authorized signatory on the account; 
  4. or the cheque is damaged.There are also further justifications for payment refusal as per Bangladeshi law.

Under Negotiable instrument is Section 138 a bailable offence?

A violation of Section 138 constitutes a non-cognizable offense. Additionally, it is an offense that is subject to bail. Section 138 violation will consist of the following elements: Drawing a check by the drawer to pay off a debt or other obligation

Is it a criminal offence when a cheque gets bounced in Bangladesh?

A violation of Section 138 constitutes a non-cognizable criminal offense. Additionally, it is an offense that is subject to bail. Section 138 violation will consist of the following elements: Drawing a check by the drawer to pay off a debt or other obligations.

Can I file cheque bounce case after 30 days under NI 138? 

A complainant and/or the person holding the check in good faith are obligated under Section 138(b) of the Act to notify the accused within 30 days of receiving notification from the bank that the check or other instrument has been dishonored.

How to Submit Taxes in Bangladesh | Income Tax, Customs Duties, VAT.

How to Submit Taxes in Bangladesh | Income Tax, Customs Duties, VAT.

How to do Tax Submission in Bangladesh | Complete Overview of Income Tax, Customs Duties, VAT.

Tahmidur Rahman, Senior Associate

25 November 2019

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Tahmidur Rahman Tax Lawyer
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Tax Submission in Bangladesh:

What are the process of Tax Submission in Bangladesh ( Personal Income Tax,  Corporate Income Tax, Custom Duties etc.) and what are the rules and regulations that relate to specific custom duties, supplementary duties, regulatory duties and their relationships with HS code and brand valuation and how to deal effectively with the issue? This post in details will provide a complete overview of Tax Submission in Bangladesh and will hopefully answer to your quries in regards to Tax Law in Bangladesh.

Taxation in Bangladesh 

 

In Bangladesh, the history of income tax submission dates back to 1860 when British rulers introduced it in this country under the title of the Income Tax Act, 1860. Many changes have occurred since then. Recently, taxation facilities have become one of the Bangladeshi business organization’s important and complex compliance issues. Tax levy and taxes were updated by the promulgation of the Finance Act almost every year. Tax facilities in Bangladesh are usually regulated by the 1984 Income Tax Ordinance.In Bangladesh, legal aid related to VAT, tax and customs is high in demand. Because of its complexity, particularly for businesses, new investors and entrepreneurs understanding the various formalities involving taxation is a big challenge.

With income tax in particular, different statutory requirements for e.g. income advance tax, source tax deduction, tax exemptions, tax rebate, procedures for filing annual tax returns along with their assessments, etc., and their correlation, which can be found difficult without proper knowledge. Here one by one, we will explain the procedures and regulations in regards to Tax Submission in regards to Bangladeshi Law.

Income Tax in Bangladesh 

One has to pay his or her income tax at the end of each fiscal year, and a number of Bangladesh taxpayers are doing the job quite successfully.But there are also many clashes with filing their tax returns because they have little or no idea of the process.Things seem to be rather difficult, particularly for the first time people who pay taxes.

Are you actually Suppose to Pay Income Taxes? Are you in the Bracket? Find out whether you are actually eligible for Tax Submission in Bangladesh First!

In accordance with the stipulation set out in the Finance Act, if any person earned more than Tk 220,000 during the 2013-14 income year, he / she must send his / her income return along with the source(s) of income. Nonetheless, the total non-taxable income limit will be Tk 275,000 for women and senior taxpayers aged 65 and above, Tk 350,000 for physically challenged mentally handicapped workers, and Tk 400,000 for war injured freedom fighters serving in the gazette.

The following person must also submit his / her income tax return, however, if he / she did not earn much more than the maximum limit, if he / she:

(i) resides in a municipal corporation or paurashava or divisional headquarters (HQ) or district headquarters and owns a motor vehicle including a jeep / microbus or is a member of a VAT registered club;

(ii) runs a business or profession licensed and operates a bank account;

(iii) has registered as a doctor, dentist, lawyer, income tax practitioner with a recognized professional body;

(v)     is a candidate for an office of any paurashava, city corporation, or a Member of Parliament;

(vi)     assessed to tax for any of the three years immediately preceding the income year;

(vii)     participates in a tender floated by the Government, semi- Government, autonomous body or a local authority. In addition, any registered company/Non-Government Organisation (NGO) shall file a return of its income or the income of any other person for whom the company/NGO is assessable to the authority.

 

The tax rates during the assessment year 2014-15 for individual taxpayer other than female, taxpayers of 65 years and above, differently able person, retarded employee and gazetted war-wounded freedom fighter are as follows:

Income Tax Submission in Bangladesh

Income tax submission in Bangladesh/ Income Tax Return in Bangladesh

The income tax return is something that people are required to submit each year by November 30. And by that time, you will have to update your employment, property, and income tax data through a form. The main reason is that the data submitted for a fiscal year may vary from the information submitted a year earlier.

A taxpayer has to notify the state on its current status after using a TIN. Punitive measures are also in place to avoid taxes.

Every income tax payer is entitled to receive income tax return form free of charge from tax offices or NBR i.e. National Board of Revenue website. In addition, NBR has launched online tax calculator on www.nbrtaxcalculatorbd.org to promote the assessment of their taxes by assessees. Additionally, for small businessmen, doctors and lawyers, NBR offers spot assessment. Anyone who invests Tk 1000,000 as initial capital shall pay Tk 4000 and pay Tk 2000-4000 as income tax to those doctors and lawyers who have practiced their profession for 5-10 years.

For Tax Submission in Bangladesh, each assessee shall deposit the amount to the govt after assessing the amount of income tax. Exchequer by pay order, challan treasury or online via www.nbrepayment.gov.bd and submit duly signed and verified return form along with the necessary documents to the tax circle concerned.

For details of filing system, click here or in the image below-

 

Time limit to submit the tax return in Bangladeh

Deadline for submitting a return A company / NGO shall submit an income tax return by the fifteenth day of July following the year of income or by the fifteenth day of July before the expiry of six months from the end of the year of income, before the expiry of those six months and in all other cases by the thirtieth day of September following the year of income. Nevertheless, with the permission of the Inspecting Joint Commissioner, the last date for the return can be extended by the DC of Taxes for up to six months. The state can also expand the time limit in addition to this.

Income Tax exemption in Bangladesh

Many individual classes enjoy tax holidays. For example, if you own savings certificates, invest in the stock market and have life insurance, a certain amount of your income tax will be waived.

For this purpose, income tax lawyers suggest savings tools as they are most risk-free and can be found at the National Savings Bureau, post offices, and banks.

Punishment for infringement of the tax rules in Bangladesh

An assessed person shall be guilty of an offense punishable by imprisonment for a term of up to three years, but not less than three months or for a fine or both, if he / she makes a statement in any confirmation, return or other document furnished in compliance with any provision of the ITO 1984 which is false or intentional and involves other persons.

In addition, an assessee shall be guilty of an offense punishable by imprisonment for a term that may extend to one year or a fine or both if he / she refuses to provide the return of income in due time without reasonable cause. In addition, the DC of Taxes will impose fine Tk 10 percent of the last estimated amount, but not less than Tk 1000, and will also impose fine Tk 50 late on each day.

Therefore, a person will be guilty of an offense punishable by imprisonment that may stretch to five years but may not be less than three months or fine or both if he disguises the information or intentionally gives false details of his earnings in regards to tax submission in Bangladesh .

The established income tax collection schemes are soft, complicated, time-consuming and are not yet taxpayers ‘ trouble-free. In this regard, the entire system of tax management should be effectively structured to prevent tax evasion.

Where to complain in regards to Tax Submission in Bangladesh

If you have a service allegation or other tax-related issues, you can file a written appeal to the tax commissioner detailing the problems.

The prosecutor must hold a hearing on it after receiving the petition, leading to its settlement.

If not, with his or her issues, the taxpayer should petition a jury. The person still has the option to move to the High Court as a last resort remedy in the event of a further failure to substantiate the complaint.

And last but not least, a taxpayer will know that whatever service they get is not safe. In fact, a taxpayer gets the services by paying money.

 

Value Added Tax (VAT) in Bangladesh | Tax Submission in Bangladesh

All goods except those listed in the VAT Act’s First Schedule and all services except those specified in the Second Schedule are taxable goods and services. Originally, a comprehensive list comprising the list of services subject to VAT was the Second Schedule of the VAT Act. The First and Second Schedules now list respectively statutory exemptions to goods and services. The third schedule lists the goods and services subject to additional duties (SD) and their relevant statutory rates.

NBR has now listed the number of VAT-able products and their range clarified by a Statutory Regulatory Order (SRO) at 79. For various types for VAT–Gross-Product VAT, Income-Type VAT and Consumption-Style VAT–Bangladesh has adopted the consumption-type VAT and its invoice-based credit or credit-subtractive system for calculating VAT payable by a company in each tax cycle. By applying the tax rate to each individual sale and subtracting all input taxes previously paid on sales, company calculates the tax liability according to this process.

 

Rates of Vat in Bangladesh

 

Most of the countries that implement VAT worldwide operate a single standard VAT rate. Appendix 1 indicates certain countries ‘ VAT rates with the year in which they launched VAT. In regards to Tax Submission in Bangladesh, country’s VAT legislation provides a standard rate of 15 percent for home consumption goods and services in line with best international practice and a zero rate for exports. Under the rule, all taxable goods and services manufactured and sold for sale in the country are subject to VAT at 15%. For all goods and services to be exported and deemed to be exported from the country, a rate of 0 percent applies. In practice, however, there are some other rates  that emerged from different methods

Registration of  VAT in Bangladesh 

 

All importers, zero-threshold exporters and suppliers (manufacturers, dealers, wholesalers, retailers) of all taxable goods and services with an annual turnover limit of BDT 60 millions (BDT 6 million, equivalent to US$ 80,400) and above are required to be registered under VAT. The VAT law requires a divisional VAT office to issue a certificate of registration within 2 (two) working days of receiving a request.

 

Businesses below the threshold can opt for voluntary registration of VAT in Bangladesh, in line with international practice. The amount of VAT collected shows that the majority of VAT registered persons are optionally or voluntarily registered.

One of the reasons is that while the threshold has undergone upward revision quite a few times over the past 20 years, those with their existing threshold within voluntary VAT registration could not escape the net once the threshold was increased due to administrative convenience as well as external pressure.

The study of different VAT regimes, particularly those of developing countries, suggests that in a simpler procedure, despite the distortionary effects of the different treatment between undertakings above and below the threshold, many countries tax undertakings differently and at a much lower rate.

This is done primarily because of the administrative and compliance costs, equity and competitive advantages and disadvantages of the economically involved parties. In Bangladesh, this is no exception. Section 8 of the Act provides that undertakings whose annual turnover is below the VAT threshold and for which VAT registration has not been made compulsory are entitled to pay turnover tax @ 3% of declared and approved annual turnover without the possibility of claiming input tax credit. Nevertheless, most of the taxable products listed and a number of items are not eligible for turnover tax as they are required to register VAT.

The number of businesses registered under VAT system is 480,467, which is glaringly poor as compared to the number of total businesses in the country. According to the economic census of 2001 and 2003 the total number of businesses in different sectors was 3,674, 971 of which 1,127, 613 were registered with the trade licensing authorities

 

Vat Filling in Bangladesh | Vat Submission in Bangladesh

Compliance with taxes is ensured by submitting periodic returns. In Bangladesh VAT, a registered person is required to submit a return in a tax period in accordance with section 35 of the VAT Act. Submitted in a prescribed form –(Mushak 19) in duplicate to the local VAT office within 15 days of the following month, VAT returns are normally submitted on a monthly basis, although there are provisions for quarterly and semi-annual returns for certain companies. Compliance with taxes is ensured by submitting periodic returns. In Bangladesh VAT, a registered person is required to submit a return in a tax period in accordance with section 35 of the VAT Act. Submitted in a prescribed form –(Mushak 19) in duplicate to the local VAT office within 15 days of the following month, VAT returns are normally submitted on a monthly basis, although there are provisions for quarterly and semi-annual returns for certain companies.   The Bangladesh VAT filing scenario shows a huge difference between what’s being taught in the book and what’s being done.

Although Return should be the core of all VAT activities in an ideal VAT system, namely tax liability, input tax credit, drawback, and revenue statistics, VAT returns were not given the importance they deserve in Bangladesh. Return filing rate is very low. According to the latest statistics, out of 480,467 registered VAT-payers, the number of returning units in 2009-2010 was only 77,619, i.e. 16.15% (NBR, 2011).

 

 

One of the reasons for weak return filing is that VAT is obtained at sources in the case of firms with more than 70% (estimated) registered individuals, such as construction firm, procurement provider. The lack of a culture of voluntary tax compliance is another reason for the unsatisfactory rate of return submission. Due to the lack of successful compliance, the situation is further compounded.

Until now, there has been no significant VAT system automation in Bangladesh. Although most VAT commissioners have data processing units with the VAT Information Management System (VIMS) computer program in place, returns are not processed systematically.

 

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Custom Law in Bangladesh

 

Bangladesh is implementing the Harmonized Commodity Coding System. Import ProceduresDocuments required for importation include a letter of credit authorization form, a lading or airway bill, commercial invoice or packing list, and origin certificate. For certain imported items or services, the relevant government agencies require additional certifications or import permits related to health, safety or other matters. For the public sector, reduced documentation requirements are applicable.

Foreign companies must obtain permission from the Chief Import and Export Controller and submit the following documents: photocopies of an import registration certificate; photocopies of invoices, lading bills and import permits duly certified by the bank; a copy of the General Index Register (GIR) certificate; a certified copy of the last tax order; name and description of each impairment.

The following documents must be submitted by private sector importers: certificate of affiliation to a registered chamber of commerce and local industry or professional association established in Bangladesh; proof of payment of renewal fees for import registration certificates (IRC) for the tax year; copy of tax identification number (TIN) certificate; three copies of previou proof of payment.

A new Custom Law in Bangladesh

A new customs law is likely to soon be put in parliament under which the government will have to digitalize the associated environment, said National Revenue Board (NBR) officials.

The new draft law also implements various measures in line with global trends to promote the clearance of goods planned for export and import from ports to encourage international trade, they said.

“In view of international best practices, we have drafted the new law. The latest one is more up-to-date and more pragmatic, “a senior official of the NBR said, trying to remain unnamed as he was not allowed to speak to the media.

The new law includes various measures to promote faster trade, followed by advanced economies.

One of the clauses is the Advance Cargo Declaration, which provides companies with the ability to request customs-related import documentation prior to the arrival of goods in ports.

Under a mechanism called Post Clearance Audit, the new law will also open up the scope for compliant businesses to quickly clear goods.

According to the draft, compliant and honest traders will receive a green channel for importing and exporting goods as authorized economic operators.

 

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