Our advice is informed by decades of experience working alongside the leading industry players in energy, life sciences, technology, financial services, private capital and more.
TRW Law Firm and the Evolution of the Bharatiya Nyaya Sanhita (BNS), 2023: A Comprehensive Analysis
The legal landscape in India witnessed a significant shift in 2023 with the introduction of the Bharatiya Nyaya Sanhita (BNS), a reformative update to the previously established Indian Penal Code (IPC), Indian Evidence Act (IEA), and Code of Criminal Procedure (CrPC). This change, led by the need to align legal standards with the country’s evolving societal and technological landscape, has introduced major revisions in definitions, criminal provisions, and penalties.
This article examines the notable amendments within the BNS, highlights their implications, and discusses how these changes aim to enhance the legal infrastructure. For law firms such as TRW, which focus on international and comparative law, the BNS reforms offer a rich area of study and advisory potential.
1. The Need for Reform: From IPC to BNS
India’s legal codes—established in the 19th century—remained largely unchanged over time, though the Indian legal landscape has undergone substantial shifts. The BNS was introduced to modernize the Indian justice system and address outdated provisions and procedural inefficiencies.
Historical Background
The IPC (Indian Penal Code), CrPC (Code of Criminal Procedure), and IEA (Indian Evidence Act) were foundational to the criminal law in India. These laws, instituted under colonial rule, required reform to address modern-day issues, including technology-related crimes, gender inclusivity, and the need for nuanced categories of punishment and protection. The BNS, introduced in 2023, incorporates adjustments to address these gaps and reflects current societal values, legal requirements, and best practices.
2. Key Changes in the Bharatiya Nyaya Sanhita (BNS), 2023
The BNS has introduced numerous amendments aimed at making the law more accessible, inclusive, and relevant.
Definitions and Inclusivity
In line with changing societal norms, several definitions within the BNS have been expanded:
Document (Section 2(8)): The BNS expands the definition of “document” to include “digital record,” recognizing electronic records as crucial in today’s legal and evidence-gathering contexts.
Gender (Section 2(10)): The revised definition of “gender” now includes “transgender,” broadening the recognition of gender identities within the legal framework.
Movable Property (Section 2(21)): The term “corporeal” has been omitted from the definition of “movable property,” expanding the scope to include land and any objects attached to it under certain conditions.
Expanded Punishments
The BNS redefines penalties and introduces alternatives to traditional punishments for various offenses:
Community Service: For non-severe offenses, community service has been introduced as an alternative to imprisonment. This adjustment recognizes the importance of rehabilitative justice in specific cases.
Attempt to Commit Suicide (Section 226): Attempting suicide to compel or restrain lawful action now carries a penalty of simple imprisonment, fine, or community service. This is a more compassionate approach, reflecting a shift in understanding mental health and coercion.
Offenses Against Women and Children
The BNS strengthens protections for women and children, acknowledging vulnerabilities and introducing stringent penalties for offenses:
Sexual Offenses (Section 69): A new provision criminalizes “sexual intercourse by employing deceitful means.” Perpetrators face up to ten years of imprisonment and fines.
Gang Rape: The punishment for gang rape has been extended to cases involving victims under 18 years of age, raising the age threshold from 12 to 18, signaling a stricter stance on protecting minors.
Employment of Minors in Criminal Activities (Section 15): This new section penalizes those who hire, employ, or engage minors to commit offenses, with imprisonment ranging from three to ten years, in addition to fines.
Offenses Impacting Human Life and Safety
The BNS has brought significant changes to sections dealing with life-endangering offenses:
Organized Crime (Section 111): A new provision addresses organized crime, including activities such as kidnapping, extortion, cybercrimes, and trafficking. Penalties for organized crime syndicates range from five years to life imprisonment, with additional fines imposed on offenses that cause material or psychological harm.
Attempt to Murder (Section 109(2)): Attempted murder now entails life imprisonment for life-convicts engaging in this offense, further underscoring the severity of the act.
Terrorism-Related Offenses
Recognizing the complex threats of terrorism and organized violence, the BNS has taken a robust approach to defining and penalizing terrorist activities.
Definition and Punishment for Terrorist Acts (Section 113): Any individual involved in terrorist activities may face life imprisonment or death. The section also penalizes any person who knowingly abets or attempts to organize a terrorist act. Stringent measures under this section highlight the BNS’s emphasis on national security.
Offenses Affecting Public Tranquility and Sovereignty
New amendments target offenses that disturb public peace or threaten the nation’s integrity:
Electronic Communication (Sections 196 and 197): The inclusion of “through electronic communication” in promoting enmity between different groups and making imputations against national integration acknowledges the influence of social media and online platforms in spreading misinformation and inciting violence.
Endangering Sovereignty, Unity, and Integrity (Section 152): This newly introduced section punishes any act that endangers national unity through secessionist activities or subversive actions, which can now lead to life imprisonment.
3. Implications of the BNS Reforms
The changes introduced in the BNS bring about significant implications, not only for individuals but also for law enforcement, the judiciary, and legal practitioners:
Enhanced Protection of Vulnerable Groups: The expanded protections for women, children, and minority groups address long-standing gaps in legal safeguards.
Evolving Definitions: Definitions in the BNS now include electronic communication, digital documentation, and a broader understanding of gender, making the law more relevant and applicable to modern society.
Strengthened National Security: With provisions targeting organized crime and terrorism, the BNS reinforces India’s national security laws. These changes empower the government to respond more effectively to complex threats in a globalized world.
Focus on Rehabilitation: By introducing community service as a penalty for minor offenses, the BNS aligns with modern principles of rehabilitative justice, which can help reduce recidivism and support societal reintegration.
4. Legal and Procedural Reforms: A Path Forward
For TRW Law Firm, the Bharatiya Nyaya Sanhita provides an opportunity to study and advise on the effects of these legal shifts in other regions with evolving criminal justice systems. Comparative analysis with international codes can offer insights into best practices in law reform, enforcement strategies, and the administration of justice.
The Bharatiya Nyaya Sanhita, 2023, signifies a transformative phase in India’s legal journey, addressing both historical shortcomings and future challenges. For TRW Law Firm and other legal experts, understanding the nuances of this reform can enable deeper engagement in discussions around global legal standards and innovations. With enhanced protections, modernized definitions, and a balanced approach to justice, the BNS sets a precedent in criminal law reform, reflecting a more inclusive and responsive legal framework.
Emergency Law, Curfew, and Section 144 in Bangladesh in 2025
Understanding Emergency Law, Curfew, and Section 144 in Bangladesh
In Bangladesh, emergency laws play a crucial role in maintaining public order during extraordinary circumstances. These laws include emergency declarations, the imposition of curfews, and the application of Section 144 of the Code of Criminal Procedure. These provisions allow the government to enforce public safety measures, often by restricting movement and gatherings in response to threats such as civil unrest, natural disasters, or public health crises.
Emergency Provisions Under the Constitution
The Constitution of Bangladesh provides a framework for declaring a state of emergency. Originating from the 1972 Constitution, emergency provisions were included following the experiences of independence and the challenges of governance. Key constitutional articles relevant to this framework include Articles 141, 141A, and 141B, which outline the authority to declare an emergency, the conditions under which it may be enacted, and its implementation.
A declaration of emergency may occur in response to significant threats to national security or economic stability, allowing for temporary restrictions on civil rights. For example, in such times, certain freedoms—such as movement, assembly, and expression—can be limited to protect public safety. These limitations, however, are designed to be temporary, and the state must lift them once normalcy is restored.
Imposition of Curfew
Curfew is a legal mechanism often used to maintain order during emergencies. The concept originates from medieval European practice, where public warnings were issued at sunset to mark the end of permitted activities. In modern applications, a curfew restricts individuals’ freedom of movement during specified hours, typically enforced by police or military presence.
In Bangladesh, curfews have been imposed during political unrest or severe natural disasters. Curfews are generally temporary and are meant to prevent potential escalations of conflict or lawlessness. Violations of curfew orders are subject to penalties, which may include fines or imprisonment.
Section 144 of the Code of Criminal Procedure
Section 144 is invoked to preempt threats to public safety by imposing restrictions on gatherings or activities in a specific area. This legal tool allows district magistrates to restrict assemblies to prevent civil disorder. Section 144 orders are commonly applied during political demonstrations or in anticipation of protests, where public gatherings may lead to violence.
While Section 144 and curfews may appear similar, they serve different purposes and have distinct legal boundaries. A curfew is usually broader and may apply to an entire region, whereas Section 144 is limited to specific areas and targeted situations. Violations of Section 144 orders may lead to legal action, and authorities are empowered to take steps, including arrests, to ensure compliance.
Safeguarding Rights Amid Emergency Provisions
While emergency measures like curfews and Section 144 enable the government to maintain public order, they also raise questions about civil liberties. Bangladesh’s legal framework aims to balance the necessity of such measures with safeguards to protect citizens’ fundamental rights. According to the law, once the situation normalizes, all emergency restrictions must be lifted, and any limitations on civil liberties must be revoked.
The emergency provisions within Bangladesh’s legal system underscore the importance of responsive governance while prioritizing the safety and stability of society.
TRW Law Firm: Leading the Equity Capital Markets in Bangladesh with Cutting-Edge Advice and Execution
TRW Law Firm stands out as a leader in Equity Capital Markets (ECM) in Bangladesh, widely acknowledged for its innovative approach and deep expertise in handling high-profile and complex equity transactions. Our ECM practice is integral to the firm’s identity, and we are known for our market-leading capabilities in advising companies, shareholders, and investment banks on a wide range of equity and corporate finance transactions. This includes initial public offerings (IPOs), listings, placements, rights issues, secondary capital offerings, block trades, and global depositary receipt issuances, as well as mergers and acquisitions (M&A) involving a public equity component.
In Bangladesh’s evolving capital markets landscape, TRW’s ECM practice has become indispensable to stakeholders seeking top-notch advice and successful transaction execution. With decades of experience in local and international markets, TRW has helped clients navigate the complexities of regulatory frameworks, market infrastructure, and investor engagement—establishing itself as the go-to law firm for ECM transactions in the region.
The Evolution of Capital Markets in Bangladesh
To appreciate TRW’s ECM expertise, it is essential to understand Bangladesh’s capital market structure and its progression since the country’s independence. Bangladesh’s journey in establishing a robust capital market began with the establishment of the Dhaka Stock Exchange (DSE) in 1976, which has served as a vital platform for equity trading. The formation of the Investment Corporation of Bangladesh (ICB) in the same year opened the door for professional portfolio management, setting the foundation for the country’s institutional investment landscape.
Bangladesh’s capital market now includes two stock exchanges—the Dhaka Stock Exchange and the Chittagong Stock Exchange, which was established in 1995. The market infrastructure further advanced with the formation of the Central Depository Bangladesh Ltd. (CDBL) in 2000, streamlining the transaction and settlement of securities under a centralized system. Various other intermediaries, including stock dealers, brokers, merchant bankers, portfolio managers, asset management companies, credit rating companies, trustees, and custodians, contribute to the market’s efficiency and governance.
Despite these developments, challenges remain in ensuring robust corporate governance, improving investor literacy, and enhancing legal efficiency in dispute resolution. The ECM landscape has witnessed considerable growth, yet there is room for improvement in areas such as transparency, market abuse prevention, and the streamlining of legal processes. TRW’s ECM team addresses these challenges, providing clients with tailored strategies that enhance compliance, transparency, and investor confidence.
TRW’s Expertise in Equity Capital Markets
At TRW Law Firm, we recognize that effective ECM transactions require a deep understanding of the regulatory environment, market dynamics, and sector-specific nuances. Our global ECM team offers comprehensive legal support, advising clients on both primary and secondary equity offerings, shareholder transactions, and public company mergers. Our expertise extends to high-profile transactions that have set benchmarks in the market and introduced new practices, establishing TRW as a market leader in Bangladesh’s ECM landscape.
Full-Spectrum ECM Services
Our ECM practice covers a wide array of services, ensuring clients have access to end-to-end support throughout the transaction lifecycle. Key services include:
Initial Public Offerings (IPOs): TRW has extensive experience guiding companies through the IPO process, from pre-IPO planning and structuring to post-listing compliance. Our team ensures a smooth and efficient IPO journey, advising on regulatory requirements, listing standards, and market positioning.
Listings and Placements: TRW assists clients in securing listings on the Dhaka and Chittagong Stock Exchanges, providing expert advice on listing regulations and ensuring compliance with disclosure obligations. We also handle private placements, helping clients raise capital through non-public offerings.
Rights Issues and Secondary Offerings: Our team has a proven track record of advising on rights issues and other secondary offerings, enabling companies to raise additional capital while providing existing shareholders with an opportunity to maintain their ownership stakes.
Global Depositary Receipts (GDR) Issuances: TRW supports companies in issuing GDRs, which allow foreign investors to access shares in Bangladeshi companies. This service is particularly valuable for companies looking to attract international investors and diversify their shareholder base.
Mergers & Acquisitions (M&A): We offer expert counsel on M&A transactions involving public companies, guiding clients through the regulatory and procedural complexities of equity-based acquisitions and disposals.
Navigating Bangladesh’s Regulatory Framework
TRW’s ECM team excels at navigating Bangladesh’s regulatory landscape, which plays a crucial role in transaction success. The Securities and Exchange Commission (BSEC) enforces regulatory frameworks that promote transparency, protect investors, and ensure market stability. Key regulations that affect ECM transactions in Bangladesh include:
Listing Requirements: TRW assists clients in meeting stringent listing standards, which include financial thresholds, ownership structure requirements, and robust disclosure obligations. We ensure that companies are fully compliant, enhancing their market appeal and investor trust.
Disclosure Regulations: Disclosure is a cornerstone of investor protection, and TRW advises clients on the type and frequency of information they must disclose to meet regulatory standards. Our team helps companies provide timely and accurate disclosures, such as quarterly and annual financial statements and material event announcements, to build transparency and credibility.
Investor Protection: Ensuring investor protection is critical for maintaining market integrity, and TRW advises clients on best practices for safeguarding shareholder interests. This includes adhering to minimum capital requirements, maintaining compliance with licensing regulations, and implementing sound dispute resolution mechanisms.
By proactively addressing these regulatory considerations, TRW enhances the integrity of ECM transactions and instills confidence in the market.
Market Infrastructure Expertise
A well-functioning ECM market relies on efficient infrastructure, including stock exchanges, depositories, and clearing houses. TRW works closely with these entities, ensuring smooth transaction processes and minimizing settlement risk. Our expertise in Bangladesh’s market infrastructure is instrumental in executing complex ECM transactions, including cross-border trades and high-value capital raisings.
Stock Exchanges: TRW’s relationship with the Dhaka and Chittagong Stock Exchanges allows us to facilitate efficient listing processes and expedite transaction approvals, ensuring clients meet their capital-raising timelines.
Central Depository Bangladesh Ltd. (CDBL): Our familiarity with CDBL’s operations enables us to expedite securities transfers, reducing administrative hurdles and enhancing transaction efficiency.
Clearing Houses: TRW’s understanding of clearing procedures helps mitigate settlement risks, providing clients with peace of mind as their trades are processed swiftly and accurately.
Strengthening Corporate Governance
One of the key challenges in Bangladesh’s ECM landscape is corporate governance. At TRW, we prioritize strong governance practices, advising companies on the importance of maintaining independent boards, implementing robust internal controls, and adhering to transparent reporting standards. By promoting these principles, TRW helps companies build investor trust and enhance their reputations in the market.
Our team also assists clients in adhering to governance standards set by the International Organization of Securities Commissions (IOSCO), which provides a framework for maintaining fair, transparent, and efficient markets. This global standard aligns with TRW’s commitment to excellence, ensuring that clients receive advice that meets both local and international benchmarks.
Educating Investors and Market Participants
Investor education is crucial for market growth, particularly in an emerging economy like Bangladesh, where financial literacy is still developing. TRW contributes to investor education by providing resources and guidance on market fundamentals, risk management, and informed decision-making. This commitment to investor education reinforces TRW’s role as a responsible market participant and demonstrates our dedication to fostering a more knowledgeable and confident investor base.
Benchmarking Against International Best Practices
TRW’s ECM practice aligns with international best practices, ensuring that our advice and execution meet global standards. The International Organization of Securities Commissions (IOSCO) provides a benchmark for capital market governance, emphasizing investor protection, fair and transparent markets, and systemic risk reduction. TRW incorporates these principles into our practice, guiding clients toward governance practices that align with global expectations.
Investor Protection
IOSCO’s Objectives and Principles of Securities Regulation (OPSR) emphasize the need for investor protection. TRW advocates for rigorous disclosure practices, insider trading prevention, and mechanisms for investor grievance redressal, ensuring that clients’ transactions adhere to these standards. Our commitment to investor protection builds trust in the market and encourages investment by mitigating the risks associated with equity offerings.
Transparency and Fair Dealing
Transparency and fair dealing are fundamental to market integrity, and TRW’s ECM practice is rooted in these principles. We advise clients on timely disclosures, fair competition, and ethical conduct, creating an environment where market participants have access to relevant information and can trade with confidence. By upholding these standards, TRW promotes a culture of transparency that benefits both issuers and investors.
Conclusion
TRW Law Firm has solidified its position as the premier law firm for Equity Capital Markets in Bangladesh, offering cutting-edge advice and seamless execution on equity transactions. Our expertise spans the full spectrum of ECM services, from IPOs and rights issues to GDR issuances and M&A transactions, making us a trusted advisor to companies, shareholders, and investment banks.
Through our understanding of Bangladesh’s regulatory framework, commitment to corporate governance, and adherence to international best practices, TRW empowers clients to navigate the complexities of the ECM landscape confidently. We remain committed to strengthening the capital market ecosystem in Bangladesh, championing transparency, investor protection, and market efficiency.
For companies and stakeholders seeking unparalleled ECM support, TRW Law Firm provides the expertise, experience, and excellence needed to succeed in Bangladesh’s dynamic capital markets.
Trade License Process in Bangladesh – How to get one in the best possible way
Trade License
following your private limited company’s successful registration in Bangladesh. Before starting any business, the company needs to get a trade license. Another name for a trade license is a business permit.
In Bangladesh, a private limited company with a trade license is permitted to operate in the particular industry covered by the license. The company must make sure that all applicable trade licenses are obtained if it engages in multiple commercial activities.
All business forms, including partnerships, limited liability corporations, and sole proprietorships, must get a trade license. The business must apply for a trade license that is appropriate for its operations and select the appropriate application form based on where in Bangladesh the firm is located.
The Bangladesh Companies Act of 1994 describes the steps and prerequisites for obtaining a trading license. The standards have also been further specified in the city corporation code of 1983 and the municipal taxation ordinance of 1986.
Types of Bangladeshi trade licenses
1 General Trade License
A general trade license can be applied for by any kind of eligible small or medium-sized business. To be eligible for the general trade license, businesses must reach the designated revenue and transaction criteria. There are some exceptions, including in the case of commercial or manufacturing enterprises.
How to Apply for a General Trade License
Getting the form
The necessary application form can be obtained by the applicant by visiting the Union Parishad, City Corporation, or Municipal Corporation office.
2. Commercial TRADE LICENSE
A company wants to engage in commercial activities like superstores, retail establishments, and various suppliers. The business may be incorporated under a person’s name or as a distinct legal entity.
How to Apply for a Commercial Trade License
Getting the form
Depending on the kind of business, Dhaka City Corporation (DCC) grants two different kinds of commercial trade licenses. The “K” form must be completed by a business company. The K form is used by all ten zone offices, however the entity has to pick it up from its own zonal office. The form is distinguished from other zones by a seal and the initials of the officer who sold it. The form costs Tk. 10.00.
3. LICENSE FOR MANUFACTURING Companies
Any business that runs a production facility, including factories and industries, is eligible to apply for a manufacturing trade license. The majority of Bangladesh’s largest companies are covered by this license. This group includes any business that manufactures and sells goods.
How To Apply For A Manufacturing Trade Licence
Getting the form
The manufacturing firm’s application must be submitted at the DCC zonal office, where the “I” form for TK.10 must be acquired.
The application procedure for a Bangladeshi e-trade license
The E-Trade licensing system allows for the digital acquisition of all three types of trade licenses. Under their purview, the relevant zonal offices and city corporations shall grant trade permits.
The candidate must go to the local government division’s E-Trade License website and choose the “New Registration” option. Following that, a form with the applicant’s personal data will appear on the page. A form including details about the sort of business will thereafter be available.
The applicant needs to enter the right information.
A digital copy of the necessary paperwork must be uploaded with the application, depending on the kind of trade license. We’ll send the application for validation. In order for the applicant to track the status of their application, they will simultaneously obtain a tracking number.
The online copy of the Trade License can be obtained from the same website after verification and payment of the necessary cost.
BANGLADESH TRADE LICENSE RENEWAL PROCEDURE
How to Renew Your Trade License
Taking the demand bill out of the licensing file
The licensing supervisor provides the business handbook, fills out the demand bill, and verifies the expired trade license. The demand bill is a booklet with four pages. They both include the identical information, with one page dedicated to the business and another to the bank.
Documents needed in Bangladesh to obtain a trade license
Three sizes of passports pictures of the company’s proprietor
If the business owner is a foreign national, a copy of their passport
Details needed to complete the form
Ownership records or current documents
A non-judicial stamp of Tk. 150 for following the city’s rules Company
Articles of association and memorandum of association for a limited company; partnership agreement if the owner of the firm is a partnership TIN A person’s and the business organization’s certificate
In the event of a limited company, the certificate of incorporation
A copy of the company’s bank solvency certificate
When applying for a manufacturing trade license, you must have a work permit from the Bangladesh Investment Development Authority (BIDA) and a license from the Civil Defense and Fire Services.
HOW TO GET A TRADE LICENSE IN BANGLADESH WITH THE ASSISTANCE OF TRW law firm
You must obtain an appropriate trading license for your company if you want to open for business in Bangladesh. In Bangladesh, Trw law firm has assisted numerous companies in obtaining trade licenses.
To find out the precise license requirements for your business in Bangladesh, get in touch with our staff. We will assist you in applying for the trading license that is appropriate for your enterprise.
Basis Membership Process for Software companies in Bangladesh
What is Basis?
In 1997, the Bangladesh Association of Software & Information Services (BASIS) had just 18 charter members as it began its future. Since its founding, BASIS, the national trade association representing Bangladesh’s software and IT-enabled services sector, has been essential to the growth of a thriving and long-lasting sector. There are currently about 1700 members of BASIS, and the number is growing at an exponential rate. BASIS attains a leading position that enables it to support the creation of policies and carry out a range of initiatives and actions aimed at the general advancement of this industry.
Software companies in the nation are required by law to become members of the Bangladesh Association of Software and Information Services (BASIS).
On Wednesday, the Ministry of Commerce’s Department of Trade Organization sent a circular to BASIS to this effect.
Following a BASIS appeal, the circular was released in accordance with Article 13 of the Ordinance of the Trade Organization of 1963.
According to the circular, in order to conduct business in the nation, any software company must be a member of BASIS.
The process of membership
One of the main drivers of Bangladesh’s economic expansion is the country’s software and IT-enabled services (ITES) sector. Efficiency improvement is becoming more and more necessary in both the public and private sectors, and this can only be accomplished by properly implementing software and IT-enabled services. The local IT/ITES firms have demonstrated that they are capable of meeting these software and service requirements.
Since its founding, the Bangladesh group of Software & Information Services (BASIS), the premier national trade group for this industry, has worked to advance the interests of the nation’s software and ITES sectors. The accomplishment of BASIS can be explained by the fact that, from its founding in 1998 with just 18 charter members, the organization now has over 2,400 members. A significant portion of the money made by the software and ITES industries now goes to BASIS member businesses. A sizable percentage of small and medium-sized businesses who collaborate with BASIS for direction and ongoing support are also members. The most recent Government Gazette, published on September 02, 2020, states that any software or IT company operating in Bangladesh must be a member of BASIS in order to conduct business there and take part in any government or non-government procurement.
The goals and objectives of BASIS include facilitating trade and commercial development in the software and IT-enabled services sector; promoting research advances; and facilitating employment, education, and economic growth in Bangladesh. In keeping with these objectives, BASIS collaborates with the Bangladeshi government to develop laws and procedures pertaining to the software and ITES industries and provides a range of services to the country’s software and ITES community. In order to establish an environment that is conducive to the software and ITES industries, BASIS has been collaborating closely with the government of Bangladesh. BASIS has been working with the government to improve communications infrastructure, create a tax framework that is favorable to the software business, and quickly address procedural bottlenecks.
Advantages for Members of BASIS:
In addition to the benefits of policy lobbying, members receive special BASIS services. Various trade, company operation, and investment-related assistance to members with matters involving government agencies is one of these services. exclusive access to training programs created just for BASIS members, as well as seminars, webinars, conferences, award ceremonies, business matchmaking sessions with local and international partners, and other events. reduced service fees for all programs or events in comparison to those offered to non-members.
Additionally, BASIS is trying to secure preferential treatment for its members—including other ICT companies in Bangladesh—in government contracts. Software and ITES exporting enterprises can use the cash incentive certificates that BASIS is offering to claim and earn a 10% cash incentive from the government based on the company’s export value.
Eligibility:
Any business operating in the software and IT-enabled services industry that is registered or incorporated in Bangladesh may apply for membership by submitting the following information: Its primary function is the development of ITES and software, which it carries out for profit. For general membership, the applicant company must provide a work order or business experience.
Membership Types: Associate Membership: Those with 0–2 years of operating experience. Children under the age of two are urged to apply for Associate Category Membership in the case of a new business or startup.
Those with at than two years of operational experience are eligible for general membership. Companies having three work orders and more than four (four) years of age are invited to apply for General Category Membership. Applications for General Membership will be accepted from long-standing organizations that have recently launched an IT venture. Membership as an Affiliate: Digital content development and management, 2D and 3D animation, Geographic Information Services (GIS), IT support and software maintenance services, website hosting, digital data analytics, business process outsourcing, data entry, data processing, call center, digital graphics design and computer-aided design, search engine optimization, web document conversion, imaging listing, and archiving, overseas medical transcription, cyber security services, e-procurement and e-auction, cloud service, system integration, e-learning platform, e-book publication, mobile application development, and IT freelancing are among the types of businesses classified as ITES, according to the NBR’s SRO. Affiliate members would be those who work with businesses other than software and ITES.
COMDEX and Outsource World in the USA; CeBIT Germany, Australia & Thailand; SODEC and JAPAN IT Week in Japan; GITEX Technology Week in Dubai; Easyfair Denmark & Sweden; INDIA SOFT & Global Exhibition on Services (GES) in India; and WAN-IFRA Germany are just a few of the major international IT expositions in which BASIS has taken part over the past 24 years. In order to draw in international investment in Bangladesh’s technology sector, BASIS previously hosted the US-Bangladesh Tech Investment Summit and the Europe-Bangladesh Tech Investment Summit. These events were followed by business-to-business (B2B) meetings. Using the tagline “Bangladesh NEXT-your next IT destination,” BASIS attempted to penetrate the global market. In addition, BASIS has successfully carried out a number of donor-funded projects, such as the IT-Upgrade Project with EC support, the Bangladesh Information Technology Management Program (BITMAP) phase I and II with Danish Embassy support, the IT Outsourcing Export Coaching Program (ITO-ECP) and the Netherlands Trust Fund (NTF) II and III project with CBI Netherlands and ITC for export capacity building, SheTrades for women entrepreneurs’ capacity building with UKAID, the Skill Enhancement and Investment Program (SEIP) for human resource training with ADB and the Ministry of Finance, and a policy advocacy program with the Asia Foundation. BASIS has made outstanding efforts and contributions to the development of collaborations and relationships with the private sector and the government.
The following business platforms and sections need to be clarified for this category. Only companies that deal with the following sections will fall into the category:
E-commerceIT trainingRide sharingOnline Training platform/portalFood deliveryPayment gatewayTele medicine/Online Health CareOnline travel platformDigital MarketingDigital Insurance PlatformTutor Platform
Online Job PortalOnline courier/delivery platformTransport/Car servicing/Trading PlatformOTT PlatformHome care/Home security online platformVehicle tracking serviceInternet service provider (ISP)Legal or Law PortalSalon/Beauty Platform
Banking or Financial Product platformMusic Management PlatformAgro PlatformDigital Logistics PlatformDigital Product MarketplaceProperty Preservation Game hosting platformDigital event management platformAffiliate marketing
Membership Enrollment Procedure:
The following steps must be taken in order to become a Member (General, Associate, Affiliate, and International) of BASIS: Visit the BASIS website and register. Complete the Membership Application Form. It is required that member companies provide two references. Terms and Conditions for the BASIS Membership Approval Referral Process: A special approval link will be sent to the referee company via email, and it will be active for 48 hours. Within 48 hours, the referee company may change its name if the applicant company is not approved. An email confirming the reference’s approval will be sent to the application company. During the session (48 hours), the applicant company must send an email to service@basis.org.bd requesting that the referee company’s name be changed. Important Note: Regardless of whether they represent one or more companies, a person may only refer once on a single membership form. The owner, director, or shareholder of the new member company cannot mention their own business if they are the BASIS representative from another company. No new company may be mentioned by the BASIS Executive Council members. 4. Online payments for fees and payments can be made via the methods specified by BASIS. 5. Inspection of the Company.
Attach all the documents on the online form mentioned in the checklist:
1
3 copies of work orders mandatory for General Membership (Work orders is not mandatory for Associate Membership)
2
Trade LicenseUpdated Trade License along with previous ones. Business Type in Trade license must be mentioned: “Software & IT Enabled Services”.
3
Company eTIN CertificateProprietor e-TIN needed for Proprietorship CompanyAll Partners e-TIN Certificate for Partnership CompanyCompany e-TIN for Limited & Partnership Company
4
TAX Certificate (More than 1 Year aged Companies)
5
BIN Certificate (not mandatory)
6
Certificate of Incorporation (Only For Limited Companies)
7
Memorandum & Articles of Association (Only For Limited Companies)
8
Partnership Deed (Only For Partnership Companies)
9
Company Profile (Area of business activity, list of HR, clients List etc.) must be in Company letterhead)
10
For Limited and Partnership Company, only C level executives, such as Director, Managing Director, CEO, CTO, CMO, CFO can be a BASIS representative. For Proprietorship, Proprietor or Owner must be the BASIS representative.Important document:Board Resolution copy in favor of BASIS Representative (For Limited Companies)Authorization Letter (For Partnership Companies)*** Must be on the company letterhead with original signature of all directors (for limited companies) and partners (for partnership companies)
11
Representative Details: Representative’s NIDRepresentative’s CVPassport sized photo Digital Signature
Conditions:
All Papers must be attached with the online application form. After receiving the application form, the Membership Department of BASIS will check the documents and communicate with the applicant’s company for the official inspection. After the inspection, the application will be reviewed by the BASIS Membership Board Sub-committee. Then it will go to the BASIS Executive Council for final approval.
