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Energy company incorporation in bangladesh in 2023

Energy company incorporation in bangladesh in 2023

Energy company incorporation in bangladesh

Incorporation of energy companies in Bangladesh:
Bangladesh's energy sector is overseen by the Ministry of Power, Energy, and Mineral Resources. The Energy and Mineral Resources Division, the Power Division, the Sustainable and Renewable Energy Development Authority (SREDA), the Power Cell, and the Bangladesh Energy Regulatory Commission (BERC) are some of the organs that regulate the energy sector. The most important Acts, Rules, and Regulations include the Electricity Act of 2018, the Bangladesh Energy Regulatory Commission Act of 2003, the SREDA Act of 2012, the Gas Cylinder Rules of 1991, and the Bangladesh Gas Act of 2010.

LICENSING PROCESS for Energy company incorporation in bangladesh in 2023

In Bangladesh, the automobile industry can be conducted through the formation of a company:

Energy company incorporation in bangladesh:

A company lawfully registered in Bangladesh may participate in any business activity permitted under its Object Clause, as stated in its Articles of Association. A firm in Bangladesh may be either public or private. For the formation of a public company, a minimum of seven shareholders are necessary. Alternatively, a minimum of two shareholders is required to incorporate a private corporation. A private corporation cannot invite the public to subscribe for its shares, but a public firm can offer its shares to the general public. In actuality, private companies are the most preferred business structure for both foreign and domestic entrepreneurs. There are no restrictions on foreign equity involvement for foreign direct investment, hence 100 percent foreign equity is permitted. Foreign investment gets the same level of protection and security as domestic investment in Bangladesh. The laws of Bangladesh guarantee non-discrimination between international and domestic investment, as well as the repatriation of share sales revenues and profits.

The following actions must be taken to establish a Energy company incorporation in bangladesh:

  1. The prospective company must get a Name Clearance from the Registrar of Joint Stock and Companies.

2. Creating and signing the following documents:

• The company's Memorandum and Articles of Incorporation;

• Form I: Declaration On Company Registration;

• Form VI: Notice Of Registered Office Location;

• Form IX: Director's authorization to act;

• Form X: List of Individuals Who Consent to Serve as Directors;

• Form XII: Director, manager, and managing agent information

  1. Establishing a temporary bank account for the Proposed Company with any Bangladeshi bank on the list
  2. Transfer the paid-up capital amount from each foreign shareholder's account to the Bangladeshi bank account of the proposed company.
  3. Obtain an encashment certificate from the Bank of the Proposed Company for each international transaction.

6. Submit the required documentation to the Company House.

  1. Pay the Government Registration Fees

8. Obtain the certificate of registration from the RJSC.

Required Company Formation Documents:

a) A copy of the company's Valid Name Clearance;

b) An executed copy of the company's memorandum and articles of incorporation.

c) Copy of Form I: Declaration On Registration Of Company, duly signed;

d) Copy of Form VI: Notice Of Situation Of Registered Office, duly executed;

e) Copy of Form IX: Consent of director to act, duly executed;

f) Copy of the executed Form X: List of Individuals Consenting to Serve as Directors;

g) Copy of Form XII: Particulars of the directors, manager, and managing agents, duly signed and dated;

h) Copies of shareholder and director identification cards (for Bangladeshi nationals);

I Copies of Shareholder Identification Number (TIN) Certificates (for Bangladeshi Nationals);

j) Copies of shareholders' and directors' passports (for foreign nationals);

k) Photos of shareholders and directors in passport format;

l) Bank Encashment Certificate for each international shareholder;

m) Receipt of the government fees' payment.

A 100% foreign-owned company can also register as a Branch Office to engage in energy business, in addition to the above-mentioned relevant formats. However, a Branch office can only serve the job envisioned by the parent firm if Bangladesh Investment Development Authority has granted prior authorisation. Depending on the expansion/scope of the business, further licenses or approvals may be necessary following the formation of the specific firm.

Additional Permissions for Energy company incorporation in bangladesh

The following are the additional licenses required to develop an energy industry:

I. Trade License;

II. TIN Certificate;

III. VAT Registration Certificate;

iv. Registration of Projects for Industrial Investment;

V. Factory Layout Authorization;

vi. License of the Factory;

vii.Membership Certification:

viii. Certificate of Import Registration (applicable to Import Businesses);

IX. Certificate of Export Registration (applicable to Export Businesses);

X. Environment Clearance Certificate;

XI. Fire License;

x. Registration of the Trademark;

xi. License for captive power plants (CPP).

The procedure for acquiring extra licenses is outlined below:

Trade License for Energy company incorporation in bangladesh:

The most crucial prerequisite for launching a business in Bangladesh is acquiring a trade license. Every business entity is required to get a Trade License from the appropriate local government body. To obtain a Trade License, a complete application must be submitted to the appropriate local governmental entity (i.e., City Corporation/Municipal Corporation/Union Parishad) along with the required documentation.

TIN Certificate Energy company incorporation in bangladesh::

To track tax payments, the government of Bangladesh issues TIN Certificates to individuals and businesses. The National Board of Revenue (NBR) is the only organization authorized to issue TIN Certificates. To receive the TIN Certificate, one must submit an online application to the NBR.

VAT Certificate for Energy company incorporation in bangladesh:

Every business is needed to have a Taxpayer Identification Number in order to conduct business (BIN). A BIN can be obtained through the National Board of Revenue's VAT registration process. Every business organization must get a certificate of VAT registration. To obtain the VAT Certificate, the NBR must receive an online application along with the required supporting documentation.

Registration of Project for Industrial Investment:

Local or foreign industrial businesses in Bangladesh must register with the Bangladesh Investment Development Authority (BIDA). To register an Industrial Investment Project with the BIDA, an application and the required documentation must be submitted.

Factory Layout Acceptance for Energy company incorporation in bangladesh::

The Department of Inspection for Factories and Establishments (DIFE) must grant written permission prior to the use, modification, or enlargement of any dwelling, building, or premises as a factory. The DIFE must receive an application accompanied by the required documentation in order to grant approval for the proposed layout.

License of Manufacturer for Energy company incorporation in bangladesh::

Each owner or occupant must submit an application for registration and licensing of factory to the Department of Inspection for Factories and Establishments (DIFE) within thirty (30) days prior to the start of factory operations.

Certificate of Membership

The entrepreneur must become a member of a local Chamber of Commerce and Industry or appropriate Trade Association after establishing the respective business. The membership application is accessible at the office of the respective Chamber of Commerce or Trade Association.

Certificate of Import Registration and Certificate of Export Registration:

An importer who possesses an Import Registration Certificate (IRC) and an exporter who possesses an Export Registration Certificate (ERC) are able to import and export any permissible goods without any value or quantity restrictions or approval from any authority. The Office of the Chief Controller of Imports and Exports (CCI&E) provides applicants with Import Registration Certificates and Export Registration Certificates. To obtain the IRC or ERC, an online application and supporting documentation must be submitted to CCI&E.

Environment Clearance Certificate for Energy company incorporation in bangladesh:

In Bangladesh, the Environment Clearance Certificate (ECC) is one of the essential permits required to launch an industrial unit or project. To get this Certificate, the owner of the industrial unit or project must submit an application to the Department of Environment along with the required documentation.

 Fire License for Energy company incorporation in bangladesh:

Buildings and commercial organizations are required to obtain a fire license out of consideration for the environment and to safeguard the safety of the facility and its employees. It is issued by the Fire Service and Civil Defense (FSCD) body functioning under Bangladesh's Ministry of Interior. To receive this license, the concerned entrepreneur of the industrial unit or project must submit a request to the FSCD along with the required documentation.

Application for Trademark Registration

After the registration of the entity, it may apply to the Department of Patents, Designs and Trademarks (DPDT), which is administered by the Ministry of Industries, for the registration of its trademarks and/or any other Intellectual Property. The Trademark Registry Wing of the DPDT must receive the required documentation for the registration of a trademark from a candidate.

License for Captive Power Plants (CPP)

To get a license for a Captive Power Plant of a certain MW, an application must be submitted to the Secretary of the Bangladesh Energy Regulatory Commission (BERC).

Required Documents for Energy company incorporation in bangladesh::

  1. Demand draft or money order for the Application fee;

Corporate Permission (if appropriate);

  1. Plant/factory site plan (if applicable);
  2. Listing of Generators;
  3. Copy of Fire License/Clearance certificate from the Bangladesh Fire Service and Civil Defense Department;
  4. Copy of Department of Environment Clearance Certificate for Captive Power Plant;
  5. Copy of the Corporation's Certificate of Incorporation (where applicable);
  6. Copy of the most recent Trade License;
  7. Copies of the most recent Income Tax Certificate and VAT Registration Certificate
  1. Plant layout;
  2. Single-line diagram of power plant, substation, busbar, and grid connection;
  1. mechanism for grounding generators;
  2. Generator safeguarding system (s).

Legal Issues:

Foreign Investment Legislation in regards to Energy company incorporation in bangladesh::

The liberalized Industrial Policy and export-oriented, private sector-led economic strategy of Bangladesh offer substantial investment prospects to foreign businesses and individuals considering investing in Bangladesh. Except for a few regulated industries, Bangladesh welcomes private investment in all areas.

The energy sector is completely open to foreign investment. The government's objective is to facilitate the increase of domestic and international private investment by fostering an enabling environment. The policy framework for foreign investment in Bangladesh is based on the Foreign Private Investment (Promotion & Protection) Act of 1980, which provides legal protection against nationalization and expropriation for foreign investment in Bangladesh. This also provides a non-discriminatory handling of international and local investments, as well as the repatriation of capital gains and income.

The Foreign Exchange Regulations Act of 1947, the Bangladesh Export Processing Zones Authority Act of 1980, the Bangladesh Private Export Processing Zone Act of 1996, the Bangladesh Economic Zone Act of 2010 and the Bangladesh Investment Development Authority Act of 2016 also address foreign investment.

Employment Law concerns for Energy company incorporation in bangladesh::

The Labour Act of 2006 primarily governs employment law in Bangladesh. In addition to this Statute, the Labour Rules 2015, the National Labour Policy 2012, the Bangladesh Labour Welfare Foundation Act 2006, the Bangladesh Labour Welfare Foundation Rules 2010, the National Occupational Health and Safety Policy 2013, the Domestic Workers Protection and Welfare Policy 2015, and the National Child Labour Elimination Policy 2010 all contain rules and regulations pertaining to this issue.

The Labour Act of 2006 addresses employment of labor, employer-employee relations, payment of wages and compensation for injuries to workers, leaves, benefits, formation of trade unions, resolution of industrial disputes, welfare, health, safety, and working conditions in the establishment, amongst other matters. Additionally, maternity benefits are provided to female employees. Note that if the company is established within an EPZ, the Bangladesh EPZ Labour Act 2019 will apply.

Contract Law: The center of the economic world is contractual agreement. It specifies the obligations and responsibilities of the parties on the subject of the contract. A contract binds both parties to its agreed-upon and stipulated conditions, such as the party's liability in the event of a breach of contract and the extent to which it would reimburse the other party's damages. It is advisable to take the utmost care while drafting the contract's terms and conditions so that they accurately reflect the parties' intentions. The Contract Act of 1872 governs all contracts in Bangladesh.

Force Majure

A force majeure event is an extraordinary occurrence or scenario beyond the parties' control, such as an act of God, war, or natural disaster. Generally, a successful use of the force majeure clause releases the parties from their respective contractual responsibilities and/or liability. A force majeure clause does not totally excuse a faction's failure to comply, but merely suspends it for a period of time. Section 56 of the Contract Act of 1872 of Bangladesh outlines the notion of frustration. According to this doctrine, a contract is null and void if its performance becomes impossible owing to the occurrence of an event or if it becomes unlawful after it has been entered into.

Compliances of the business entities - The entities must comply with the annual filing requirements, such as updating trade license at the respective city corporation, renewal of chamber membership, renewal of IRC & ERC, filing taxes, updating the annual filings at the RJSC, reporting to Bangladesh Bank, NBR, etc.

Property Law: In order to finalize the registration of the lease or purchase of the land, property laws must also be applied. The Land Reform Act of 2014, the East Bengal Tenancy Rules of 1954, the Survey Act of 1875, the Non-Agricultural Tenancy Act of 1949, the Registration Act of 1908, and the Transfer of Property Act of 1882 are the major statutes in these sectors.

Description of the Tahmidur Rahman Remura Wahid TRW and its services

Tahmidur Rahman Remura Wahid TRW Associates (Tahmidur Rahman Remura Wahid TRW) is a full-service corporate law firm that attempts to provide customers with a wide range of legal services rather than specializing on a single field of law. It is one of the largest and most reputable law companies in Bangladesh, providing domestic and international customers with legal counsel that fulfills their needs and expectations. Tahmidur Rahman Remura Wahid TRW provides all services associated with Company Incorporation, Sole Proprietorship, Partnership, and Foreign Company Registration, among others. Tahmidur Rahman Remura Wahid TRW law office has legal professionals that can guarantee a smooth legal process and assist in getting Certificates or Licenses required for Company Incorporation, including VAT Certificate, IRC/ERC, Name Clearance, Factory/Fire/Environmental License, TIN, Trade License, and other certificates.

Tahmidur Rahman Remura Wahid TRW may provide the following services for the establishment of Energy Business in Bangladesh:

Tahmidur Rahman Remura Wahid TRW offers an outstanding and capable team that can set up an energy business smoothly and quickly. Tahmidur Rahman Remura Wahid TRW's legal counsel can assist clients through consultations and meetings and offer them with incorporation rules for any sort of business.

In order to incorporate any form of business, a number of deeds, contracts, and other documents must be created. The legal staff at Tahmidur Rahman Remura Wahid TRW can assist customers with the preparation and drafting of these documents.

Before establishing a business, it is necessary to find an appropriate piece of land. Tahmidur Rahman Remura Wahid TRW can give a service to the client by searching for an ideal location for the client's business establishment. In addition, Tahmidur Rahman Remura Wahid TRW can assist with the drafting of lease agreements, the inspection of land by the appropriate land registry office, and the preparation for the acquisition of land, including registration.

Tahmidur Rahman Remura Wahid TRW can also assist with making payments of government fees to the proper authorities, such as BIDA or RJSC, and liaising with them to get incorporation documentation. Tahmidur Rahman Remura Wahid TRW, legal professionals have excellent working relationships with government authorities, making it simpler to obtain any certificate or license.

Trademark registration after Energy company incorporation in bangladesh:

Trademark/Copyright/Patent registration is sometimes required to incorporate a business in order to obtain protection against infringement, to add value to the organization, and to increase legal protection. Tahmidur Rahman Remura Wahid TRW aids its clients in getting Trademark/Copyright/Patent registration from the Department of Patents, Designs, and Trademarks (DPDT), so ensuring the company's legal protection.

Tahmidur Rahman Remura Wahid TRW also offers services for obtaining or renewing any form of license; in order to undertake energy-related business, many licenses must be obtained. The legal staff at Tahmidur Rahman Remura Wahid TRW can help obtain these licenses and, if necessary, renew them on time.

Tahmidur Rahman Remura Wahid TRW provides clients with labor-related services, such as preparing employment agreements, resolving labor-related issues, and rendering legal opinions on labour legislation, among others.

Tahmidur Rahman Remura Wahid TRW is able to provide guidance and assistance in meeting routine legal requirements in order to facilitate the smooth operation of a firm.

Taxation after Energy company incorporation in bangladesh:

The current general tax rate in Bangladesh is 32.5 percent, as stipulated by its legislation. Locally created limited liability companies are required to submit a variety of reports to the National Board of Revenue (NBR), including: opening a Tax Identification Number (TIN), submitting an annual return, and submitting an annual return for the previous year. Monthly Tax Deduction Statement, Semi-Annual Withholding Tax Statement, Annual Statement Relating to Employee Tax Return Filing, Annual Statement Relating to Salary Paid by the Company to Employees. Quarterly Advance tax deposit, Annual tax return submission, representing the company at appeal/hearing sessions, Monthly VAT return, etc. Tahmidur Rahman Remura Wahid TRW may provide guidance and assistance to ensure that all regulatory compliances are met, allowing the business to operate without difficulty.

Commercial License for Energy company incorporation in bangladesh:

Bangladesh's energy sector is the mother of all sectors. The vast majority of the nation's economic activity depend on the availability of electricity or gas. In order to establish a Captive Power Plant or LPG Cylinder Gas manufacturing in Bangladesh, a number of steps must be taken. The procedures and their required documentation have been thoroughly discussed. It has been demonstrated that business registration must be conducted with earth BIDA or the RJSC. Additionally, a commercial license must be secured. The DIFE is the only entity with the capacity to grant manufacturers and establishments license to conduct business, provided certain conditions are met. The other applicable licenses and laws are mentioned.

In Bangladesh, the energy industry is thriving. In recent years, the demand for renewable energy such as solar electricity and LPG gas cylinders has expanded significantly. To start a factory, a number of procedures must be followed. First, a branch office or company must be created, followed by the acquisition of general licenses such as TIN, VAT, and Trade License.

The next step is to acquire the factory establishment license from DIFE. The approval of the building layout designs must be secured first, followed by the factory license. For the import of any production materials, an import license must be obtained from the relevant Ministry.

The office of the CCI&E must be contacted for an Import Registration Certificate and an Export Registration Certificate. Additional permissions, including an Environment Clearance Certificate, Fire License, and Trademark, are required.

As the premier corporate law firm in Bangladesh, Tahmidur Rahman Remura Wahid TRW Associates can undoubtedly assist its client in opening a business in this industry including Energy company incorporation in bangladesh:.

The firm's seasoned business attorneys provide comprehensive services to their clients. The service includes incorporation of a Branch Office, drafting of the Memorandum of Association and Articles of Association for the proposed company, drafting of Forms IX and XII, registration and obtaining TIN certificate, VAT registration certificate, IRC & ERC, Trade License, Work Permit, Factory license, ECC, Fire license, Trade Mark etc. In addition, the services include the execution of various forms of contractual agreements (Power Purchase Agreement, Partnership Agreement, Lease Deed, etc.), as well as legal advice on a variety of matters (such as labour).

Are you planning to do Energy company incorporation in bangladesh?

Energy company incorporation in bangladesh with Tahmidur Rahman Remura: TRW: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TRW, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to forming and incorporating a Energy company incorporation in bangladesh. For queries or legal assistance, please reach us at:

E-mail: info@trfirm.com
Phone: +8801847220062 or +8801779127165

Address: House 410, Road 29, Mohakhali DOHS

Electronics company formation in Bangladesh in 2023

Electronics company formation in Bangladesh in 2023

Electronics company formation in Bangladesh:

This document discusses how to incorporate or register a business in Bangladesh. In accordance with the Companies Legislation of 1994, business incorporation in Bangladesh takes a variety of forms and procedures; under the act, company registration procedures in Bangladesh vary based on the type of company registration one may choose in Bangladesh.

To comprehend how to incorporate or register a company in Bangladesh, we must first comprehend the type of company you wish to incorporate or register. If one is unaware of the correct and relevant company establishment procedure in Bangladesh, the process could be difficult.

Steps of founding a Electronics industry in Bangladesh:

StepDescriptionElaboration and Legal Information
1Conduct market research and analysisThis step involves analyzing the market demand for electronic products in Bangladesh, as well as researching the competition and potential barriers to entry. This can be done through a variety of methods, such as surveys, focus groups, and online research.
2Develop a business planA business plan is a document that outlines the goals, target market, and financial projections of the company. It should include details such as the products or services offered, the marketing and sales strategy, and the management and operational structure of the business.
3Choose a business name and register itThe business name should be unique and distinguishable from other companies. It can be registered with the Bangladesh Investment Development Authority (BIDA) or the Office of the Registrar of Joint Stock Companies and Firms (RJSC).
4Obtain necessary licenses and permitsElectronics companies in Bangladesh may need to obtain various licenses and permits, such as a Trade License, VAT Registration Certificate, and Environmental Clearance Certificate. The specific requirements will depend on the nature and scale of the business.
5Find a suitable location for the companyThe location should be easily accessible to customers and suppliers, and should have adequate facilities and infrastructure. It may be necessary to lease or purchase the property, and to obtain any necessary zoning approvals.
6Acquire necessary equipment and suppliesThis step involves purchasing or leasing the equipment and supplies needed to produce and sell the electronic products. This may include production machinery, packaging materials, and inventory management software.
7Hire employeesThe company will need to recruit and hire employees with the necessary skills and experience to carry out the various tasks involved in running the business. This may include production workers, sales staff, and administrative personnel.
8Set up a system for bookkeeping and financial managementIt is important to establish a system for tracking the financial performance of the business, including revenues, expenses, and profits. This may involve setting up a system for accounting, budgeting, and financial reporting.
9Establish relationships with suppliers and distributorsThe company will need to establish relationships with suppliers of raw materials and components, as well as distributors to sell the finished products. It may be necessary to negotiate contracts and pricing agreements with these partners.
10Launch the business and begin operationsOnce all the necessary preparations have been made, the company can officially launch and begin conducting business. This may involve marketing and promoting the products, processing orders and shipments, and providing customer service.

Some common questions from our clients about electronics industry formation in Bangladesh:

  1. What are the requirements for starting an electronics company in Bangladesh?

To start an electronics company in Bangladesh, you will need to conduct market research and analysis, develop a business plan, choose a business name and register it, obtain necessary licenses and permits, find a suitable location for the company, acquire necessary equipment and supplies, hire employees, set up a system for bookkeeping and financial management, and establish relationships with suppliers and distributors.

  1. What licenses and permits are required to operate an electronics company in Bangladesh?

The specific licenses and permits required to operate an electronics company in Bangladesh will depend on the nature and scale of the business. Some common examples include a Trade License, VAT Registration Certificate, and Environmental Clearance Certificate.

  1. Can foreign investors own and operate an electronics company in Bangladesh?

Yes, foreign investors are allowed to own and operate electronics companies in Bangladesh. However, they will need to follow the same steps and requirements as domestic investors, including obtaining necessary licenses and permits, and complying with local laws and regulations.

  1. Is it necessary to have a local partner to operate an electronics company in Bangladesh?

It is not necessarily required to have a local partner to operate an electronics company in Bangladesh. However, having a local partner can be beneficial in terms of navigating the local business environment, establishing relationships with suppliers and distributors, and complying with local laws and regulations.

  1. What are the tax implications for electronics companies in Bangladesh?

Electronics companies in Bangladesh are subject to various taxes, including corporate income tax, value-added tax (VAT), and customs duties on imported goods. The specific tax rates and obligations will depend on the nature and scale of the business.

  1. What are the employment laws and regulations that apply to electronics companies in Bangladesh?

Electronics companies in Bangladesh are subject to various employment laws and regulations, including those related to minimum wage, working hours, leaves of absence, and health and safety. It is important to familiarize yourself with these laws and ensure that the company is in compliance.

  1. What are the intellectual property rights protections available to electronics companies in Bangladesh?

Electronics companies in Bangladesh are entitled to protection of their intellectual property rights, including patents, trademarks, and copyrights. It is important to register any relevant IP assets to secure legal protection and prevent others from infringing on them.

  1. Can electronics companies in Bangladesh export their products?

Yes, electronics companies in Bangladesh are allowed to export their products to other countries. However, they will need to comply with any relevant export regulations and requirements, such as obtaining necessary licenses and certificates, and paying applicable duties and taxes.

  1. What are the regulations on advertising and marketing for electronics companies in Bangladesh?

Electronics companies in Bangladesh are subject to various regulations on advertising and marketing, including those related to truth in advertising, consumer protection, and data privacy. It is important to familiarize yourself with these regulations and ensure that the company is in compliance.

  1. Are there any environmental regulations that apply to electronics companies in Bangladesh?

Yes, electronics companies in Bangladesh are subject to various environmental regulations, including those related to pollution, waste management, and natural resource conservation. It is important to familiarize yourself with these regulations and ensure that the company is in compliance.

  1. Can electronics companies in Bangladesh participate in government procurement?

    Yes, electronics companies in Bangladesh can participate in government procurement. The procurement process and requirements are regulated by Public Procurement Act 2006 (PPA) and Public Procurement Rules 2008 (PPR). These rules are set up to ensure transparency, fairness, and competition in government procurement, and companies must follow these regulations to participate in the bidding process.
  2. What are the regulations on labor laws and workers rights in the electronics industry in Bangladesh?

    The labor laws and workers rights in the electronics industry in Bangladesh are regulated by the Bangladesh Labor Law 2006. This law provides protections for workers such as, fair wages, safe working conditions, prohibition of child labor, and the right to form trade unions. Companies operating in the electronics industry in Bangladesh must abide by these regulations and ensure that their workers have access to these rights and protections.
Electronics-company-formation-in-Bangladesh_best-law-firm-tahmidur-rahman-remura-best-in-dhaka

Therefore, this tutorial will assist in comprehending the step-by-step company incorporation process in Bangladesh. In Bangladesh, the procedure for incorporating a company is governed by numerous statutes and regulations. RJSCin Bangladesh, also known as the Registrar of Joint Stock Companies (RJSC), is the regulatory agency in charge of Company registration in Bangladesh. Following will provide an idea of the process and requirements for incorporating/registering a company in Bangladesh.

  • Create and establish your new business.
  • Provide our office as the registered office for your company.
  • Monitor changes in corporate legislation and maintain compliance.
  • Maintain all required registers and send all paperwork to Companies House.
  • Complete all transfer forms and certificates
  • File your Annual Return
  • Advise on general company law and minority interest protection.
  • You have a ready-made corporation with all forms filed and organized properly.
  • You remain in complete compliance with all statutory company law laws. You escape any penalties and fines.
  • You save work and time
S.L.CategorySite ClearanceEnvironmental Clearance Supporting documents
1.      GreenN/A15 DaysApplication submitted on form-3 specified by Environment Conservation Rules 1997 Fees outlined in Schedule 13 of the Environment Conservation Rules 1997 (Amended 2002) General information about the industrial unit or project; Exact description of the raw materials and the finished product; and No objection certificate (Prescribed Form) obtained from the local government.
2.       Orange-A30 Days15 DaysApplication using form-3 stipulated by Environment Conservation Rules 1997 Fees outlined in Schedule 13 of the Environment Conservation Rules 1997 (Amended 2002) General information regarding the industrial unit or project; Precise description of the raw materials and the manufactured product; No objection certificate (Prescribed Form) obtained from the local authority; Process flow diagram; Layout Plan (showing location of Effluent Treatment Plant);

Effluent discharge arrangement; Outlines of the plan for relocation, rehabilitation (if applicable); Other pertinent information.
3.      Orange-B60 Days30 DaysApplication on prescribed form-3 under Environment Conservation Rules 1997 Prescribed costs under Environment Conservation Rules 1997 schedule-13 (Amended 2002) Report on the industrial unit or project's feasibility (applied only to proposed industrial units or projects);

Report on the Initial Environmental Examination of the industrial unit or project, as well as the process flow diagram, Layout Plan (showing location of Effluent Treatment Plant), and design of the Effluent Treatment Plant (ETP) of the unit or project (applies only to proposed industrial units or projects);

Report on the Environmental Management Plan (EMP) for the industrial unit or project, as well as the Process Flow Diagram, Layout Plan (showing location of Effluent Treatment Plant), design of the Effluent Treatment Plant, and information about the efficacy of the ETP of the unit or project (these are only applicable for an existing industrial unit or project);

Certificate of no objection (Prescribed Form) from the local authority; Emergency plan relating adverse environmental impact and strategy for mitigating the effect of pollution; Outline of the relocation, rehabilitation plan (where applicable); Other essential information (where applicable).
4.      Red60 Days30 DaysApplication on prescribed form-3 under Environment Conservation Rules 1997 Prescribed costs under Environment Conservation Rules 1997 schedule-13 (Amended 2002) Report on the industrial unit or project's feasibility (applied only to proposed industrial units or projects); Report on the Initial Environmental Examination (IEE) pertaining to the industrial unit or project, as well as the terms of reference (ToR) for the Environmental Impact Assessment (EIA) of the industrial unit or project and its Process Flow Diagram;

or Environmental Impact Assessment (EIA) report prepared on the basis of terms of reference previously approved by the Department of Environment, along with the Layout Plan (showing location of Effluent Treatment Plant), Process Flow Diagram, and Layout Plan (showing location of Report on the Environmental Management Plan (EMP) for the industrial unit or project, as well as the Process Flow Diagram, Layout Plan (showing location of Effluent Treatment Plant), design, and information about the efficacy of the unit or project's Effluent Treatment Plan (applicable only to existing industrial units or projects);

Certificate of no objection (Prescribed Form) from the local authority: Emergency plan relating to adverse environmental impact and plan to reduce the effects of pollution; Relocation and rehabilitation plan outline (if relevant); Other pertinent information (if applicable);

Fire License for Electronics company formation in Bangladesh –

Buildings and commercial organizations are required to obtain a fire license in respect of the environment and to protect the safety of the facility and its employees. It is issued by the Fire Service and Civil Defense (FSCD) authority under the Ministry of Home Affairs, Bangladesh.

Electronics-company-formation-in-Bangladesh_best-law-firm-tahmidur-rahman-remura-lawyers

The documents which are required to be submitted to obtain a fire license are as follows :-

1. Prescribed application form;

2. Layout of the establishment;

3. Annual valuation certificates;

4. Deed of agreement;

5. Memorandum and Articles of Association, in case of company;

6. Registration certificate;

7. Trade license;

8. No objection certificate;

9. Clearance certificate from the FSCD office;

10. Deposit slip/treasury challan. 

BIDA Registration (Local and Foreign Investment Projects) for Electronics company formation in Bangladesh:

If it is a manufacturing firm, it must be registered with the BIDA in order to receive numerous monetary and non-monetary incentives from the Bangladeshi government.

The following documents are required for registration with BIDA for local investment projects: -

1. Prescribed application form;

2. Background of directors or partners;

3. Project profile;

Electronics-company-formation-in-Bangladesh_best-law-firm-tahmidur-rahman-remura-top-barristers

4. Memorandum and Articles of Association;

5. Certificate of incorporation;

6. Trade License;

7. Deed of proposed land;

8. Pay order or bank draft of registration fee;

9. TIN Certificate.

The documents required for registration with BIDA for foreign Electronics industry investment projects -

1. Prescribed application form;

2. List of shareholders/directors;

3. Project profile;

4. Memorandum and Articles of Association;

5. Encashment Certificate;

6. Certificate of incorporation;

7. Deed of proposed land;

8. Joint Venture Agreement;

9. List of machinery;

10. Trade License;

11. Pay order or bank draft of registration fee;

12. TIN Certificate.

Certification Mark from BSTI - There are 27 electronic products that fall under the mandatory Certification Marks (CM) scheme of BSTI, which means that the marketing of any of these items requires a conformity certificate of Bangladesh Standard from BSTI, and there are 10 electronic products that must be certified prior to customs clearance if they are imported.

Electronics-company-formation-in-Bangladesh_best-law-firm-tahmidur-rahman-remura-barrister

Certification mark for Electronics company formation in Bangladesh:

The documents required to obtain Certification Mark as follows:

1. Trade license (in favour of Factory premises)

2. Premises license (Sanitary license)/ Environment Clearance Certificate (where necessary)

3. TIN Certificate

4. Trade mark Registration

5. Registration from BIDA/BSCIC (if any)

6. Calibration Certificate of measuring equipments

7. Factory layout

8. Process flow chart

9. List of manufacturing machineries

10. List of testing equipment

11. Quality Control Plan/Scheme

12. Product Label/ Packet

LEGAL ISSUES for Electronics company formation in Bangladesh:

Annual General Compliances of Business Entities - Entities are required to comply with annual filing requirements, such as updating trade license at the respective city corporation, renewing chamber membership, renewing IRC & ERC, filing taxes, updating the annual filings at the RJSC for limited liability companies, and renewing branch office permission at BIDA when it expires.

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Implications of Contract Law - The entities' interaction with dealers/vendors who provide products or services to the business is an integral component. When selling items to dealers or receiving goods and/or services from vendors, there should be a dealership/vendor agreement in place.

Vendor Agreements can include a wide range of services, including software, professional services, office supplies, technical services, event organizing, marketing, and consultants. In the event of a dispute, the agreement, in addition to the applicable laws, plays a crucial part in resolving the dispute; therefore, it is crucial to protect one's interests when drafting agreements.

The franchise agreement is also an essential component of this industry, since numerous businesses bring the products of international bands to market as franchisees. It is essential that this agreement be drafted with all legal aspects clarified, particularly in accordance with Bangladesh Bank's foreign exchange requirements. This will be useful when remitting royalties to the franchisor via banking channels. Foreign owners may also remit the dividend after deducting the applicable taxes, in addition to the royalty payment.

Requirements Labour laws for Electronics company formation in Bangladesh:

The entities must ensure that their relationships with their employees comply with Bangladesh's labor regulations. Employees must have a letter of appointment that specifies their job title, job description, remuneration, benefits and welfare, applicable working hours and leaves, etc. It should be highlighted that an employer cannot, via contract or appointment letter, supply less than what the labor laws require. It is also the responsibility of the employer to ensure a safe and healthy work environment.

Foreign Exchange regulations– Entities with foreign investors must ensure that the initial investment is made through proper banking channels, e.g., at the time of company incorporation or buying shares of an existing company, the foreign investors should be remitting the share capital amount from their foreign bank account Company's bank account with a note reading "investment in the share capital of (Name of Company)". This will demonstrate that the investment was made through the proper channels, and when remitting the profit, these initial investment paperwork and information will facilitate a smooth transfer in accordance with Bangladesh Bank regulations.

Certification Marks from BSTI - Standards Catalogue 2018 includes a list of 166 items subject to BSTI's mandatory Certification Marks (CM) scheme.

In other words, the marketing of any of these things requires a Bangladesh Standard conformity certificate from the BSTI. There are 27 electrical and electronic products among these things (Number 140-166 in the product list of BSTI). BSTI also released a list of 55 imported products subject to obligatory certification prior to customs clearance, 10 of which are electrical and electronic devices.

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Clearance from Customs - Entities importing electrical products must obtain clearance from Customs. The following documents must accompany the declaration for all types of imports: Letter of Credit (L/C), Invoice, Bill of Lading/AWB/Truck Receipt/Railway Receipt, Packing List, "Country of Origin" Certificate, Insurance Policy/Cover Note, and VAT/BIN Certificate (Bangladesh Customs 2017). The importer (or his C&F agent) is responsible for paying duties and taxes once they have been assessed by Customs. Customs issues a clearing release order upon payment of assessed duties and taxes. Upon completion of port procedures, items are then cleared.

Trademark Laws for Electronics company formation in Bangladesh

After the registration of the entity, it may apply to the Department of Patents, Designs, and Trademarks (DPDT) for registration of its trademarks and/or other Intellectual Property in order to protect trademarks and other IP-related matters. A trademark registration application must be submitted to the Trademark Registry Wing of the DPDT.

An application for the registration of a trademark must consist of the following-

• the Mark /Logo

• Name of the Applicant.

• Detailed Address of the Applicant

• Nationality of the Applicant.

• Status of the applicant i.e. Manufacturers /Service Providers/Merchandisers / 

• Specification of Goods 

• Specification of Class.

• Whether the mark is in use or proposed to be used in Bangladesh - User date of the mark

• The requirement of general/specific power of attorney

• Application fee

Acceptance or Rejection of Trademark:

Once the application is made and the documents are verified and accepted by the Registrar, the same shall be provided to the journal publication to find out whether there is any objection against such mark. If there is an objection, the same shall be decided by the Registrar, based on the documents submitted by both the parties.  

However, if there is no opposition, DPDT will inform the applicant to pay certification fees and subsequently provide the registration certificate of the trade mark.  It usually takes 3 to 5 years to obtain the final trademark registration certificate. In the meantime, the entity can start using the mark. Generally, starting from the date of filing, a registered trademark is valid for an initial period of seven (7) years.  Thereafter, renewable for successive periods of Ten (10) years.

Electronics-company-formation-in-Bangladesh_best-law-firm-tahmidur-rahman-remura-lawters

INTRODUCTION OF Tahmidur Rahman Remura Wahid TRW AND ITS SERVICES:


Tahmidur Rahman Remura Wahid TRW Associates, a full-service law practice, providing all forms of legal and financial services through its trained and experienced personnel.
Registration and licensing of entities: Tahmidur Rahman Remura Wahid TRW Associates offers services for establishing entities in Bangladesh, such as sole proprietorships, partnerships, and/or limited liability companies, as well as obtaining the necessary permits from the appropriate government agency. The services include drafting relevant documents, forms, and providing the required document list and procedure, as well as submitting the application with the relevant documents to the appropriate government office, liaising with them throughout the verification process, and obtaining the required certified documents.

Drafting and vetting agreements for Electronics company formation in Bangladesh :

As stated previously, the entities require the drafting of various types of agreements, such as vendor, employment, and franchises agreements, which are required to be drafted in accordance with the applicable laws of Bangladesh, while at the same time safeguarding their interests in order to use these agreements to their advantage in the event of future disputes.


Legal Opinion and/or Due Diligence Report:

Tahmidur Rahman Remura Wahid TRW Associates gives legal opinion to clients in connection to the implication of laws and its impact on various matters, enabling them to make informed business decisions by taking the legal element into account.
In addition, Tahmidur Rahman Remura Wahid TRW Associates provides interested clients with a due diligence report for their entities that identifies all legal criteria that must be met and any non-compliances that must be addressed.
Case management services: Tahmidur Rahman Remura Wahid TRW Associates has a formidable litigation team that assists and represents clients in all sorts of litigation before courts and tribunals.


Companies should plan for the pandemic and for situations in which the outbreak has a negative impact on business in general and on the fulfilment of commercial contracts in particular. Specifically, businesses should analyze their contractual right to use force majeure and defer fulfillment of their obligations without incurring a penalty.


A force majeure event is an unforeseen occurrence or circumstance that is beyond the parties' control. These occurrences include acts of God (such as natural disasters) and war, strike, riots, etc. If a force majeure provision can be successfully used, the parties are often released from their respective contractual obligations and/or responsibilities. A force majeure clause does permit a party's complete failure to perform, but only for the length of the force majeure occurrence. If properly prepared, the force majeure clause may indicate that if a force majeure situation continues for longer than a specified period, either party may terminate the contract without incurring any financial penalties.


The idea of force majeure has no formal statutory basis under Bangladeshi law. All contracts are governed by the Contract Act 1872 (the "Act of 1872"). The doctrine of frustration is protected by Section 56 of the Act of 1872, which states that a contract is void if its performance becomes impracticable or if, for some reason, it becomes unlawful after it has been entered into.


Therefore, if the contract becomes difficult to execute due to Corona, and the defaulting party did not know, or with reasonable diligence could not have known, that the contract would become impossible to perform, the contract will be considered void under Bangladeshi law. A null contract has the effect that it cannot be enforced by law and the parties are released from their respective duties.


In the absence of an appropriately worded force majeure clause, parties in Bangladesh may be able to rely on the existing provisions of Bangladeshi law - specifically Section 56 of the Act of 1872 - in order to excuse themselves from the timely performance of their respective obligations under the contract.


In addition, the government of Bangladesh has announced a package worth BDT 500,000,000,000 to avert a possible recession resulting from the pandemic. The business entities are optimistic that if this sector contributes its due share to the aforesaid package, it would be able to stimulate the local economy and help end the recession.


Taxation for Electronics company formation in Bangladesh:


The current general tax rate in Bangladesh is 32.5 percent, as stipulated by its legislation. Locally formed limited liability companies are required to submit a number of reports to the National Board of Revenue (NBR), such as a Tax Identification Number (TIN) application, a monthly tax deduction statement, a half-yearly withholding tax statement, a yearly statement related to the tax return submission of its employees, and a yearly statement related to the salary paid by the company to its employees.

Quarterly Advance tax deposit, Annual tax return submission, representing the company at appeal/hearing sessions, Monthly VAT return, etc. Tahmidur Rahman Remura Wahid TRW is able to provide guidance and assistance to ensure that all regulatory compliances are met, so allowing the business to operate without difficulty.


The Electronics and Accessories Business in Bangladesh is a thriving industry with constant demand. As the local demand for electronic goods continues to rise, there is a great deal of opportunity in the manufacturing sector. It has become exceedingly difficult for domestic investors in the manufacturing sector to meet demand, thus there is an opportunity for international investors to invest in this industry.



EXECUTIVE SUMMARY for Electronics industry formation in Bangladesh:



As demand on the local market continues to expand, the Electronics and Accessories market in Bangladesh has a tremendous amount of potential. Despite the fact that a significant amount of the existing local market is dependent on importing products and/or raw materials from other countries, a surge in both domestic and foreign investment has enabled Bangladesh to manufacture a variety of items domestically.


Investors may choose from Sole Proprietorship, Partnership Business, Branch Office, or Private Limited Company in order to participate in the Electrical business. To establish a business-friendly climate, BIDA has opened a one-stop services center for investors, where all services, from entity incorporation to post-incorporation licensing, are available.


Tahmidur Rahman Remura Wahid TRW Associates is a full-service law office that offers all types of legal and financial services, such as registering organizations, getting appropriate licenses, creating agreements and notices, and providing annual compliances and litigation services. Tahmidur Rahman Remura Wahid TRW Associates is comprised of competent Barristers and Advocates with competence in several legal fields, enabling them to provide the required services to a high degree, and allowing clients to acquire all essential and supplementary legal services under one roof.


Due to Corona Virus As a result of the closure of all borders and the reliance of our economy on the import-export sector, the global electronic industry is facing grave challenges. Due to the Covid-19 epidemic, there is an increase in demand in the Medical electronic sector. However, commerce has ground to a halt and factories have shuttered as a result of the closure of many key countries that export product components.


Nonetheless, it is anticipated that once the epidemic begins to subside, business will resume, and with the backing of the government-declared financial aid, this sector will quickly resume its steady expansion.

Hotel and Tourism Business in Bangladesh

Hotel and Tourism Business in Bangladesh

Hotel and Tourism Business in Bangladesh

In recent years, the hotel industry has been at the center of Bangladesh's economic growth, providing 9.3% of the country's overall GDP. As a result of the government's measures to facilitate travel to the country's most popular tourist destinations, such as the Dhaka-Chattogram Highway, Padma breeze, etc., internal travel and foreign tourist arrivals in Bangladesh have increased significantly. As a result, hotel construction has increased in the key tourist destinations to accommodate the rising demand. In addition, the proliferation of affordable and opulent resorts has provided the much-needed boost to the national economy in order to meet the target of middle-income status by 2021.


How to Establish a Hotel and Tourism Enterprise in Bangladesh:


As we can see in the example of Thailand and Nepal in South-East Asia, tourism may be a significant, if not the largest, sector that drives economic growth. Tourism led to the creation of 319 million employment, or one in ten of all occupations globally, and has been responsible for one in five of all new jobs in the world over the past five years, according to a research published by The World Travel and Tourism Council in 2019. The Sundarban, the world's largest mangrove forest in the south of the country, and the world's longest natural beach at Cox,s Bazaar are just a couple of the numerous noteworthy tourist attractions in Bangladesh. Additionally, the northeastern region of the country contains Sylhet with its tea plantations atop hills.

Travelling and tourism sites are the most popular tourist destinations in the north of the country. Foreign investments in the hotel include the international hotel chains Marriott, Hilton, Novotel, Sheraton, InterContinental Holiday Inn, Marriott Courtyard, Radisson Blue, and Westin. Local investors, such as DuSai Resort & Spa in Maulvi Bazar, The Peninsula Chittagong, Hotel Valley Garden and Nazimgarh Garden Resort in Sylhet, Long Beach Suites Dhaka, Six Seasons Hotel in Dhaka, Long Beach Hotel at Cox Bazar, and Grand Sultan Tea Resort & Golf in Maulvi Bazar, also play a significant role. Bangladesh is becoming a hospitality industry success story.

The Government thinks that the implementation of hassle-free on-arrival visa services will simplify the visa system for foreign citizens, particularly those of Bangladeshi descent, and thereby contribute to the sector's growth. As international investments and donations stream into Bangladesh's economy, MNC and NGO executives are more likely to travel there. Recent growth in the number of resorts such as Bhawal Resort, Sara Resort, and The Base Camp is in high demand amongst people who like to travel just outside of Dhaka, to places such as Gazipur, Sylhet, etc., and the quality of the service provided in these places is quite high, but is likely to take a toll on the wallets of the tourists. Nonetheless, these accommodations are booked solid for the majority of the year, indicating that the discretionary income of the general population is on the rise. (Hotel and Tourism Business in Bangladesh)

The travel agency's role in tourism is essentially that of a "nation's image manufacturer," as it is the travel agency's credit that reveals the attractions and marvels of a country to travelers in a profitable manner. Typically, a travel agency operates as an agent and offers travel-related items and services on behalf of the service provider, such as airlines and hotels. Travel agents create international and domestic travel packages to the demands of their clients so they can go on their tourist experience. They offer a vast array of travel destination alternatives, including tour bookings, flight reservations, airline tickets, cruise line service, railway service, lodging bookings, vehicle rental, visa processing services, and bespoke vacation packages for small groups or couples, etc (for Hotel and Tourism Business in Bangladesh).

Procedures for Obtaining a License and Registering for Hotel and Tourism Business in Bangladesh

The hospitality industry and tourism sector are linked; the growth of the hospitality industry is based on travel and tourism, and the success of the tourism sector depends on customer satisfaction, recreational amenities, and the quality of service offered by the hospitality industry. All of these amenities are provided in the hospitality industry, which caters to tourists' needs for lodging, food and beverages, and entertainment facilities, etc. As a result, several tourism businesses began collaborating with the hospitality industry in order to include hospitality services in their tour packages. Whoever wishes to enter the hospitality and tourism industries must meet registration and licensing requirements specific to each sector. The registration and licensing procedures for each industry will be covered briefly. In accordance with Bangladeshi law, the first stage in launching a business is to establish a legal corporation for doing business in the hotel or tourism industries. The available alternatives are limited liability company, sole proprietorship, and partnership, but only limited liability company allows for foreign investment.

Hotel and Tourism Business in Bangladesh and incorporation in Bangladesh:

The process of incorporating a company begins with the acquisition of a Name Clearance certificate from the Company House, Registrar of Joint Stock and Companies (RJSC), as well as the compilation of the Articles and Memorandum of Association of the company, as well as Forms XII and IX. For Hotel and Tourism Business in Bangladesh, The executed MOA and AOA, along with the aforementioned paperwork and costs, must be delivered to the RJSC. The RJSC will provide a certificate of incorporation, together with RJSC-certified memorandum and articles of association, confirming that the business has been lawfully incorporated, providing all documents are correct and authentic. If a foreign shareholder is involved, a bank account must be formed to receive the foreign shareholder's capital investment prior to submitting the documentation to the RJSC.

Partnership and Hotel and Tourism Business in Bangladesh:

By executing a partnership deed and registering the partnership with the Registrar of Joint Stock Companies and Firms, a partnership firm can be formed (RJSC).

Single Ownership for Hotel and Tourism Business in Bangladesh –

This sort of company is formed by a single individual and has no partners. To conduct business through such an entity, one must get a business license from the applicable city corporation. A foreigner is unable to operate a sole proprietorship.

After forming the organization, the next step would be to get the different operational licenses required by the hotel industry and the travel agency. If an entrepreneur wishes to establish any Hotels of three, four and five-star categories, then he shall need to apply for a hotel license from Ministry of Civil Aviation and Tourism (MoCAT) or if he wishes to set up any Hotels of one and two-star categories, then shall have to apply for a hotel license from District Commissioner (DC) with the relevant documents and processing fees.

Alternatively, if an entrepreneur wishes to incorporate a travel agency, he or she must obtain a license to operate a travel agent business from the Ministry of Civil Aviation and Tourism for Hotel and Tourism Business in Bangladesh. The other licenses required, even though not mandatory, for obtaining for business would be Association of Travel Agents of Bangladesh (ATAB) license and Association of International Travel Agents (IATA) license.

The other perquisite licenses which needs to be obtained for both the Hospitality Industry and the Travel Agency shall be TIN certificate and the Value Added Tax (VAT) Certificate which needs to be attained from the online portal of the National Board of Revenue (NBR) and the trade license which needs to be obtained from the respective city corporation/local government office (Hotel and Tourism Business in Bangladesh).

LEGAL ISSUES for Hotel and Tourism Business in Bangladesh

The entire process of incorporation of an entity for a hotel industry or a travel agency gives rises to a lot of legal issues which needs to be carefully addressed in order to avoid legal implications. While incorporating a company/sole proprietorship or partnership, it is essential that all the original signed documents along the relevant forms are to be submitted at the relevant government authority or else the application for incorporation of the entity shall fail without a doubt. The annual filing requirements, are declared mandate for the entities such has renewing the trade license at the respective city corporation.

Essentially, hospitality and tourism even though interlinked are diverse from each other in terms of regulatory governance. Any entrepreneur willing to invest and run a hotel business must comply with the Bangladesh Hotel and Restaurant Act of 2014 and the Bangladesh Hotel and Restaurant Rules 2016.

Legal issues also arise upon application of the hospitality laws on the hotel owners of Bangladesh. Hotel owner must ensure that he chooses a commercial establishment rather than a residential establishment for the setup of the hotel which must consist of at least 10 bed rooms for the guest to stay there with or without food and other services in exchange of money and irrespective of the fact that the name of the entity, such as motel, guest house, resort etc. It is obligatory on the hotel owner to attain a registration certificate and license in order to run the hotel business and a license should be obtained as soon as possible within the first 2 years from the date of issue of the registration certificate.
A register inclusive of all the necessary information of a guest must be maintained by every hotel in Bangladesh as mandatory compliance requirement imposed by the the Bangladesh Hotel and Restaurant Rules 2016. The register shall comprise the following information of the guest which includes time of arrival and departure of the guest, phone number, current and permanent address, National Id or passport number or any other identification car number. In case of foreign guest, the hotel shall keep a copy of the passport pages where the name, address and visa of such guest is present.

The penalties imposed on the hotel industry are pretty strict and as such the hotel owner must at all times be alert before violating any law of the hospitality industry. The punishment applicable will be for a period of 6 months’ simple imprisonment or a fine not more than BDT 2 lakhs or both in case any person or owner breaches any law under the Bangladesh Hotel and Restaurant Act of 2014.

Travel agency owners for Hotel and Tourism Business in Bangladesh:

Also, travel agencies owners must ensure adherence to a Bangladesh Travel Agency (Registration and Control) Act, 2013 Bangladesh Travel Agency (Registration and Control) Rules, 2014 while conducting travel agent’s business in Bangladesh. Obviously, the license must be obtained from the registration authority, the Ministry of Civil Aviation and Tourism and it is an obligatory requirement for the travel agency to retain the travel agency licensing certificate safely and conspicuously at the business premises or office of the travel agent. Additionally, legal compliances in relation to promptly providing information in regards to the business affairs of the travel agency is mandatory on the travel agent upon instruction of the government or the registration authority. Non-compliance with any of the laws and rules related to Travel Agency shall adversely affect the owner and he has to face serious legal implications amounting to not more than 6 months imprisonment or fine not exceeding BDT 50,000.

Evidently, both the hospitality industry as well as the tourism industry is labour intensive and huge amount of skilled and unskilled labours are being employed in these industries and as such quite naturally it involves legal issues related to the working hours, overtime pay, leaves and termination benefits of employees. Other than that, every employee employed at these industries regardless of their nationality must have an appointment letter executed with the entity. Many foreign employees are employed at the hotel industry eg consultants, chefs, waiters, bar tenders and in such cases they must be employed as per the labour and the Immigration laws of Bangladesh.

The entities in this sector shall also have to be very compliant with the Consumer Rights Protection Act 2009 as any valid complain brings strict consequences as per the said Act. The purpose of the Act is to protect the consumers from any violation of their rights and to monitor the standard of the goods and services which are to be provided. As this is an important industry for the local economy, any valid complaint from the respective consumers are dealt diligently and if proven strict measures are taken by the authority as per the applicable laws.

Furthermore, as per the Bangladesh Standards and Testing Institution (BSTI) regulations there are 71 Agricultural and Food Products which are under the compulsory Certification Marks (CM) scheme of BSTI which in other words means that marketing of any of these items needs conformity certificate of Bangladesh Standard from the BSTI. There are imported 23 Food Products required mandatory certification before customs clearance. If any hotels serve any of the products from these two lists, to its customers, it must check whether the products have the Certification Marks on it.

INTRODUCTION OF Tahmidur Rahman Remura Wahid TRW AND ITS SERVICES

Tahmidur Rahman Remura Wahid TRW Associates is a renowned law firm in Bangladesh which endows a widespread of legal services for both domestic and international clients. It is full serviced law firm led by a dedicated team of professionals collaborating together to provide the best legal solution for their clients. Tahmidur Rahman Remura Wahid TRW has earned the status of one of the leading law firms in Bangladesh due to their several years of experience, skill and knowledge in key practice areas.

Tahmidur Rahman Remura Wahid TRW, since its inception has created a trustworthy relationship with each and every one of its clients. To provide quality legal services to the Clients is the motto of the firm. Tahmidur Rahman Remura Wahid TRW has assisted Hotel owners as well as Travel Agency owners in the entire procedure of the incorporation of the entity, obtaining the relevant licenses and approvals on behalf of the client from the relevant government authorities.
Many a times, anomalies are found in contracts/service contracts executed between the hotel industries and the travel agencies regarding the referral services to be provided by the travel agencies to the hotels in exchange of commission. Tahmidur Rahman Remura Wahid TRW supports entities in reviewing and drafting these contracts/service agreements according to the needs of the clients (Hotel and Tourism Business in Bangladesh).

In relation to the immigration services required for foreign employees employed by the entities, Tahmidur Rahman Remura Wahid TRW’s immigration law team can assist the entity to obtain the E-visa (employment visa) recommendation letter and work permit on behalf of the foreign employee and can also assist to obtain the extension of the work permit and the E visa for the foreign employee. The service shall include drafting all the necessary application and documents and collecting the relevant documents from the foreign employee and the entity; and submitting the same to the relevant government authorities and also liaise with them to obtain the necessary work permit and visa extension.
The legal team of Tahmidur Rahman Remura Wahid TRW, due to their years of experience in employment law, has attained proficiency in drafting and reviewing employment agreements/appointment letters of employees for such entities. Their experience in labour matters is exceptional. They have assisted clients via legal opinion on the available termination options, resignation procedure and dismissal procedure etc .

Tahmidur Rahman Remura Wahid TRW also provides legal opinion to the clients, in relation to implication of laws and its impact in various matters which enables them to take informative business steps by considering the legal aspect. Additionally, Tahmidur Rahman Remura Wahid TRW Associates also provides due diligence report to the interested clients for their entities which flags out all the legal requirements which are required to be followed and also non – compliances, if any, which needs to be fixed.

Furthermore, Tahmidur Rahman Remura Wahid TRW Associates has a very strong litigation team which assist and represent the clients to defend/file disputes at court or tribunals in relation to all types of litigation.

Taxation for Hotel and Tourism Business in Bangladesh

General rate of tax is 32.5% currently in the laws of Bangladesh. Several exemptions are in place for constructing a physical undertaking of a tourist industry. Nominal requirements for a limited company formed locally includes a number of reporting to be done to NBR, such as: Opening a TIN, Monthly Tax deduction statement, Half Yearly Withholding Tax statement, Yearly statement related to tax return submission of its employees, Yearly statement related to salary disbursed from company to its employees, Quarterly Advance tax deposition, Yearly Tax return submission, attending appeal/hearing session as required on behalf of the company, Monthly VAT return etc. Tahmidur Rahman Remura Wahid TRW can advise and assist to satisfy all regulatory compliances to enable the company to run smooth and hassle free.

Infrastructure of Hotel and Tourism Business in Bangladesh:

As we continue to improve infrastructure services, bring down the expensive hotel rates and increase availability of healthy and affordable food at the tourist hubs of the country like Cox’s Bazar, St. Martin Island, ancient Buddhist temples in the north while focusing on sufficient marketing policies are in place – the next 5 to 10 years holds huge prospects for this sector. Yet there is still scope for accommodation facilities to improve in all the above stated places and even more. Currently there are no standard educational institutions involved in the training of management personnel for all the tourist attractions and hotel all over the country – a sector which can use an injection of institutions which would be able to do so.

The Hotel and Tourism industry in Bangladesh has a huge potential as the demand of the local market is continuously growing. The continuous urge to experiment with different cuisines increasing the demand of restaurants.
To become a part of this industry there are various options of entities, Sole Proprietorship, Partnership Business and Private Limited Company are available for investors. To create a business-friendly environment, BIDA has now open up a one stop services center for investors where all the services from incorporation of entities to post incorporation licenses are available

Tahmidur Rahman Remura Wahid TRW Associates as a full-service law firm provides all sort of legal and financial assistance starting from registering entities like Hotel and Tourism Business in Bangladesh to obtaining required licenses; drafting agreements and notices to providing annual compliances and litigation services. Tahmidur Rahman Remura Wahid TRW Associates is enriched with experienced Barristers and Advocates who have expertise in different legal sectors which enables to provide the required services with high standard and the clients can obtain all the essential and ancillary legal services under one umbrella. Hence the law firm is considered as one of the pioneers when it comes to Hotel and Tourism Business in Bangladesh.

Are you planning to do Hotel and Tourism Business in Bangladesh?

Hotel and Tourism Business in Bangladesh with Tahmidur Rahman Remura: TRW: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TRW, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to forming and incorporating a Hotel and Tourism Business in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: info@trfirm.com
Phone: +8801847220062 or +8801779127165

Address: House 410, Road 29, Mohakhali DOHS

NBFI formation in Bangladesh

NBFI formation in Bangladesh

Nonbank Financial institutions in Bangladesh, MicroFinance and NBFI formation in Bangladesh:

Nonbank Financial Institutions (NBFIs) in Bangladesh have played an important part in the country's financial system (NBFI formation in Bangladesh). Due to the rapidly growing

need for long-term finance and equity-type services, this sector has evolved as an increasingly vital component of the financial system. NBFIs offered differentiation to Bangladesh's bank-based financial market.

Parallel to the saturation of the banking industry, the emergence of NBFIs has ushered in a new chapter of strengthening the country's financial system. Consequently, this sector has emerged as a key participant in preserving the health of our financial and economic sectors.

By providing diverse investment instruments and risk pooling services, NBFIs in Bangladesh play a crucial role in bridging gaps in financial intermediation.

In recent years, NBFIs have experienced rapid growth, which reflects the significance of financial innovation and holds the prospect of enhancing financial intermediation through meeting long-term financing demands.

A nonbank financial institution (NBFI) is a financial institution that lacks a full banking license and is therefore unable to take public deposits. NBFIs facilitate alternative financial services, including collective and individual investments, risk sharing, financial advice, brokerage, money transmission, and check cashing.

NBFIs serve as a conduit for consumer credit (along with licensed banks). Insurance companies, venture capitalists, currency exchanges, certain microlending groups, and pawnshops are examples of nonbank financial institutions. These non-bank financial firms offer services that are not necessarily fit for banks, compete with banks, and specialize in particular industries or groups. (NBFI formation in Bangladesh)

Risk pooling institutions and Insurance Firms

Insurance firms underwrite economic risks related to mortality, disease, property damage or loss, and other types of loss. They offer a contingent guarantee of financial protection in the event of a loss. Life insurance and general insurance firms are the two most common categories of insurers. General insurance contracts are often short-term, but life insurance contracts are lengthier and terminate upon the insured's death.

Life and property insurance are accessible to all segments of the population. Due to the nature of the insurance sector (companies must access a vast amount of information to assess the risk in each instance), insurance companies enjoy a high level of information efficiency.

Life insurance firms insure against financial loss resulting from the insured's untimely death. Each term, the insured will pay a specified amount as an insurance premium. Because the likelihood of mortality grows with age but premiums remain constant, the insured overpays in the beginning and underpays in the end.

The overpayment made during the first few years of the contract represents the monetary worth of the insurance policy. (NBFI formation in Bangladesh)

Two subcategories comprise general insurance: market and social insurance. Social insurance protects against the risk of income loss resulting from unemployment, disability, disease, or natural calamities.

Due to the unpredictability of these risks, the ease with which the insured can conceal relevant information from the insurer, and the presence of moral hazard, private insurance companies frequently do not offer social insurance, leaving a void in the insurance industry that is typically filled by the government.

In industrialized Western societies, social insurance is more prevalent than family networks and other organic social support organizations.

Market insurance is a form of property insurance that has been privatized. Insurance providers accept a single premium payment. In exchange, the insurance companies will make a defined amount contingent on the insured event. Examples include burglary, fire, property destruction, and natural disasters.

Contractual institutions for savings

Contractual savings institutions (also known as institutional investors) enable individuals to invest in collective investment vehicles in a fiduciary capacity as opposed to a principal capacity. Collective investment vehicles invest the pooled funds of individuals and businesses in a variety of equities, debt, and derivatives securities. However, the individual has equity in the CIV itself as opposed to the specific investments made by the CIV. Mutual funds and private pension plans are the two most prevalent instances of contractual savings institutions.

Open-end and closed-end mutual funds are the two most common varieties. Open-ended mutual funds generate fresh investments by permitting the public to purchase more shares at any time. Shareholders may liquidate their holdings by selling their shares back to the open-ended fund at the net asset value.

In an IPO, closed-end funds issue a specified number of shares. By selling their shares on a stock exchange, the shareholders capitalize on the value of their holdings.

One can categorize mutual funds according on the nature of their investments. Some funds, for instance, invest in high-risk, high-return assets, while others concentrate on tax-exempt securities. Others focus on speculative trading (hedge funds), a particular industry, or cross-border investments.

Pension funds are mutual funds that restrict the investor's access to their investment until a specified date in the future. In exchange, pension funds receive substantial tax incentives to encourage the working population to set aside a portion of their present income for a time when they are no longer employed (retirement income).

Other nonbank financial institutions

Market makers are broker-dealer institutions that quote purchase and sell prices for an inventory-held item. Among these assets are stocks, government and corporate debt, derivatives, and foreign currencies (NBFI formation in Bangladesh). The market maker instantly sells from its inventory or makes a buy to offset the inventory loss upon receiving an order.

The bid-offer spread, or the gap between the purchasing and selling bids, is how the market maker generates a profit. Market makers enhance the liquidity of any asset in their stock.

Specialized sectoral financiers offer a limited array of financial services to a certain industry. For instance, leasing businesses provide funding for equipment, whereas real estate financiers give prospective homeowners with access to funds. Leasing businesses have two distinct benefits over other sector-specific specialized financiers. Because they possess the leased equipment as part of their collateral agreement, they are partly shielded against the danger of default.

In addition, leasing companies enjoy favorable tax treatment on their equipment investments.

Other providers of financial services include mortgage and securities brokers, management consultants, and financial advisors. They charge a fee for their services. The majority of financial service providers enhance the investor's informational efficiency. In the case of brokers, however, they do provide a service that enables investors to liquidate existing assets.

NBFI's role in the economic system

NBFIs augment banks in providing individuals and businesses with financial services. They can present banks with competition in the supply of these services. While banks may offer a collection of financial services as a bundle, NBFIs unbundle these services and customise their offerings to specific populations.

Individual NBFIs may also specialize in a particular industry, so acquiring an informational advantage. By unbundling, targeting, and specializing, NBFIs increase competition in the financial services sector.

A financial system that incorporates non-bank financial institutions can insulate economies against financial shocks and allow them to recover from them. NBFIs offer several options for converting an economy's savings into capital investments, which serve as backup facilities in the event that the primary form of intermediation fails.

However, in countries where adequate regulations are lacking, non-bank financial institutions (NBFI formation in Bangladesh) can increase the financial system's fragility. Even though not all NBFIs are weakly regulated, those that make up the shadow banking system are. In the run-up to the recent global financial crisis, regulators mainly ignored entities such as hedge funds and structured investment vehicles, focusing instead on pension funds and insurance firms.

If a significant portion of the financial system consists of NBFIs that operate largely unchecked by government regulators and anybody else, the entire system's stability may be at stake. Weaknesses in NBFI regulation can feed a credit bubble and asset overpricing, followed by a collapse in asset prices and loan defaults.

Integration of banks and non-banks and supervisory integration

The banking, securities, and insurance markets have grown increasingly interconnected, and inter-market connections are expanding rapidly. In response, one of the most significant changes in financial sector regulation over the past two decades has been a shift from the traditional sector-by-sector approach to supervision (with separate supervisors for banks, securities markets, and insurance companies) to a greater cross-sector integration of financial supervision (ihák and Podpiera, 2008). This has a significant impact on monitoring and regulation practices worldwide.

A three-pillar or "sectoral" model (banking, insurance, and securities), a two-pillar or "dual peak" model (prudential and business behavior), and an integrated model are utilized globally (all types of supervision under one roof).

According to the World Bank's Bank Regulation and Supervision Survey, one of the most noteworthy trends of the previous decade has been a shift from the three-pillar model to either the two-pillar model or the integrated model (with the twin peak model gaining traction in the early 2000s). In a recent study, Melecky and Podpiera (2012) examined the drivers of supervisory structures for prudential and business conduct supervision over the past decade in 98 countries.

They discovered, among other things, that countries progressing to a higher stage of economic development tend to integrate their supervisory structures, small open economies tend to opt for more integrated supervisory structures, and financial deepening causes countries to integrate supervision progressively more. (The relevant information on the framework of supervision is accessible at https://www.worldbank.org/en/publication/gfdr.)

How do these diverse institutional systems compare with regard to the occurrence of crises and the mitigation of their effects? Cross-country regressions utilizing data from a large number of emerging and established economies provide some evidence in support of the twin peak model and against the sectoral model (Cihák and Podpierer, 2008).

During the global financial crisis, several twin peak jurisdictions (especially Australia and Canada) have been comparatively untouched, but the United States, a jurisdiction with a fractionalized sectoral approach to supervision, has been at the center of the crisis.

However, the crisis experience is anything but black and white, since the Netherlands, one of the twin peaks model's instances, was involved in the bankruptcy of Fortis, one of the largest European bank failures. It is too early to draw a definitive conclusion, and it is notoriously difficult to separate the effects of supervisory architecture from other consequences.

 

The major difference between banks and NBFIs are as follows (NBFI formation in Bangladesh):

Basis for ComparisonNBFIBank
Incorporated underFinancial Institution Act, 1993Bangladesh Bank Order, 1972.
Demand DepositNot AcceptedAccepted
Foreign InvestmentAllowed up to 100%Allowed up to 74% for private sector banks
Payment and Settlement systemNot a part of system.Integral part of the system.
Maintenance of Reserve ratiosNot requiredCompulsory
Deposit insurance facilityNot availableAvailable
Credit creationNot a part of system.Integral part of the system.
Transaction servicesNot requiredCompulsory


Exiting NBFI’s in Bangladesh:

  1. Agrani SME Financing Company Limited
  2. Bangladesh Finance & Investment Company Limited
  3. Bangladesh Industrial Finance Company Limited
  4. Bangladesh Infrastructure Finance Fund Limited
  5. Bay Leasing & Investment Limited
  6. CAPM Venture Capital and Finance Limited
  7. Delta Brac Housing Finance Corporation Limited
  8. Fareast Finance & Investment Limited
  9. FAS Finance & Investment Limited
  10. First Finance Limited
  11. GSP Finance Company (Bangladesh) Limited
  12. Hajj Finance Company Limited
  13. IDLC Finance Limited
  14. Industrial and Infrastructure Development Finance Company Limited
  15. Industrial Promotion and Development Company of Bangladesh Limited
  16. Infrastructure Development Company Limited
  17. International Leasing and Financial Services Limited
  18. Islamic Finance and Investment Limited
  19. Lanka Bangla Finance Limited
  20. Meridian Finance and Investment Limited
  21. MIDAS Financing Limited
  22. National Finance Limited
  23. National Housing Finance and Investments Limited
  24. People's Leasing and Financial Services Limited
  25. Phoenix Finance and Investments Limited
  26. Premier Leasing & Finance Limited
  27. Prime Finance & Investment Limited
  28. Reliance Finance Limited

Regulatory Authority of NBFI in Bangladesh:

The Bangladesh Bank is the regulatory body for both banking and non-banking financial institutions including for NBFI formation in Bangladesh. Bangladesh Bank is the Central Bank of Bangladesh, which was formed on December 16, 1971 by Bangladesh Bank Order 1972-President's Order No. 127 of 1972. (Amended in 2003, NBFI formation in Bangladesh).

The general supervision and control of Bangladesh Bank's affairs and business have been assigned to a nine-member Board of Directors led by the Governor, who is also the institution's chief executive officer. There are 45 departments and 10 branch offices at Bangladesh Bank.


Bangladesh Bank's vision is stated in its Strategic Plan (2010-2014):

"To develop continuously as a forward-looking central bank with competent and committed professionals of high ethical standards, conducting monetary management and financial sector supervision to maintain price stability and financial system robustness, supporting rapid broad-based inclusive economic growth, employment generation, and the eradication of poverty in Bangladesh."

1. to formulate and implement monetary policy;

2. to formulate and implement intervention policies in the foreign exchange market;

3. to advise the Government on the interaction of monetary policy with fiscal and exchange rate policy, on the impact of various policy measures on the economy, and to propose legislative measures it deems necessary or appropriate to attain its objectives.

4. to keep and administer Bangladesh's official foreign reserves; 5. to promote, regulate, and guarantee a secure and effective payment system, including the issuance of bank notes.

5. to monitor and oversee financial institutions and banking institutions.

The Key functions of Bangladesh Bank on NBFI in Bangladesh:

  • The primary responsibilities of this department are outlined below:
  • The Financial Institutions Act of 1993 authorizes the issuance of licenses for the establishment of new nonbank financial institutions and branches of existing nonbank financial institutions.
  • Formulation of prudential regulations to ensure the soundness of nonbank financial institutions.
  • Corporate governance is ensured through the monitoring of NBFI activities.
  • Conducting off-site supervision of NBFIs by routinely collecting, evaluating, and monitoring a variety of data/information to ensure compliance with policies, regulations, and practices.
  • Evaluation of the financial and management health of NBFIs using the CAMEL rating and assessment of their potential to absorb shocks using stress testing.
  • Evaluation and oversight of the financial instruments issued by NBFIs, including Zero Coupon Bonds, Asset-backed Securitization Bonds, etc.
  • BASEL Accord implementation in NBFIs to achieve risk-based capital adequacy.

In Bangladesh, NBFIs were established under the Companies Act of 1913 and were governed by the rules of Chapter V of the Bangladesh Bank Order of 1972. The 'Financial Institution Act, 1993' and the 'Financial Institution Regulation, 1994' were enacted in 1993 and 1994, respectively, to address the regulatory void and broad scope of operations to be covered by NBFIs (NBFI formation in Bangladesh), respectively. The Financial Institutions Act of 1993 licenses and regulates nonbank financial institutions.

There are 34 NBFIs authorized under this act. According to the Financial Institution Regulation, 1994, the minimum paid-up capital for NBFIs is now one billion Taka.

Twenty-one NBFIs have raised money by issuing IPOs, whereas three are exempt from launching IPOs. Other significant sources of funding for NBFIs include term deposits, credit facilities from banks and other NBFIs, call money, bonds, and securitization. Compared to banks in Bangladesh, the business focus of NBFIs is limited. Currently, NBFIs operate as multi-product financial institutions.


Sector Performance of NBFIs and Business Expansion

Outreach: Currently, three of the thirty-one NBFIs are government-owned, ten are joint ventures, and the remainder are privately owned. As of 30 June 2012, the branch network expanded to 164 locations. There are no NBFIs established outside of Bangladesh.

In 2011 and 2012, the asset base of NBFIs rose significantly. 2011 saw a gain of 14.7% in aggregate industrial assets, from Taka 251.5 billion in 2010 to Taka 288.4 billion in 2011. The growth rate for 2012 is likely to exceed that of 2011. By the end of June 2012, total assets had grown to 309 billion Taka (NBFI formation in Bangladesh).

NBFIs invest in several economic sectors, however their investments are primarily concentrated in the industrial sector. In June 2012, the various industries in which NBFIs invested were industry (42.6%), real estate (18.5%), margin loans (8.0%), trade and commerce (10.4%), merchant banking (1.4%), farm sector (1.3%), and others (others) (17.8 percent)

Liabilities and Equity:

The industry's aggregate liability climbed to Taka 235.7 billion in 2011 from Taka 206.8 billion in 2010, while equity increased to Taka 52.7 billion in 2011 from Taka 44.7 billion in 2010, representing increases of 14.0 and 17.9 percent, respectively. At the end of June 2012, total liabilities and equity amounted to 252,2 billion Taka and 56,8 billion Taka, respectively.

The total deposits of NBFIs increased by 19.3 percent, from Taka 94.4 billion (45.7 percent of total liabilities) in 2010 to Taka 112.6 billion (47.8 percent of total liabilities) in 2011. On 30 June 2012, total deposits reached 124,2 billion taka (49.2 percent of total liabilities).

INSTRUCTIONS FOR ESTABLISHING A NONBANK FINANCIAL INSTITUTION:

The Financial Institution Act of 1993 and the Financial Institution Regulations of 1994 govern the prerequisites and process for establishing a financial institution (NBFI formation in Bangladesh).

Before creating a financial institution in Bangladesh, the following actions must be taken:

i) Obtain name clearance from Bangladesh Bank
ii) Shareholder or Director Personal Information
iii) Form a Memorandum and obtain Bangladesh Bank's permission.
iv). Apply for Registration of the proposed firm at the Registrar of Joint Stock Companies (RJSC) under the Companies Act, 1994, as a Public Limited Company by providing all the pertinent documents and government fees, and acquire a Certificate of Incorporation from RJSC.
v) License from Bangladesh Bank
vi) Acquire a VAT, TIN certificate from the National Board of Revenue and a business license from the city government.


Bangladesh Bank has complete authority over whether or not to give any license. Prior to issuing a license, Bangladesh Bank may consider the financial condition of the applicant, management qualities, capital and future earnings prospects, objectives outlined in the memorandum of association, and whether the establishment of the financial institution is in the public's best interest.

In addition, Bangladesh Bank would establish a minimum paid-up capital requirement for domestically formed financial institutions based on a number of parameters. 1 billion BDT in paid-up capital would be required for the formation of an NBFI.

In addition, specific legislative requirements must be met in order to form a non-governmental organization/NGO. Micro Finance Institution NGSOs (MFI-NGO) are NGOs that engage in microcredit operations; a license is required from the Micro Credit Regulatory Authority (MRA) under the MRA Act 2006 to operate such a program.

This organization's mission is to reduce poverty, create employment opportunities, and aid aspiring small business owners.

Legal issues related to NBFI and NBFI formation in Bangladesh:


As stated previously, the difficulties of the banking business are not limited to the incorporation procedure. The difficulties also extend to the operational role. To successfully operate in this field without experiencing any legal repercussions, one must be knowledgeable of its legal issues.

The proprietors of a financial institution must comply with the banking regulations and the legislation applicable to their institution in order to avoid penalties.


Despite the fact that both banks and non-banking financial institutions are considered financial institutions, their incorporation, operation, regulation, and methodology are separate.

This implies that all financial institutions are banks, but not all banks are financial institutions. Therefore, when a person decides to form his institution, he must comply with the Bank Companies Act 1991 and the Guidelines to establish a banking company in Bangladesh in the case of a bank, or the Financial Institution Act 1993 and the Financial Institution Regulation 1994 in the case of a non-banking financial institution.

In the Bangladeshi banking industry, dishonor of checks is a fairly regular issue. As per the Negotiable Instruments Act, a person or business must never pay another person with a bank cheque for an amount that exceeds the balance remaining in his bank account or there were insufficient funds in his bank account to cover the cheque. Otherwise, he would be subject to imprisonment or a fine of up to three times the amount of the cheque, or both.

It is possible to gain insight into microcredit performance by tracing the link between branch staf and the savings, loan disbursement, and loan outstanding cycle observed at the branch level.

From 2015 to 2023 , productivity as measured by the savings-to-loan ratio increased, while
client-to-staf and borrower-to-staf ratios showed small changes.

In June 2023 , the client-to-employee ratio was 183, while the borrower-to-employee ratio was 141. In addition, it was noticed that a disproportionate amount of MFI employees were stationed in the headquarters.

Because of their larger size, larger MFIs place a heavier strain on their headquarters, which is responsible for things like system administration and lending management.


A signiûcant chunk of each branch's workforce is dedicated to accounting and other operationalactivities, and all employees work relentlessly to increase their branch's recovery rate.

Increasing the number of field employees per branch can help MFIs increase their loan disbursement rate, which in
turn reduces the amount of resources spent on collection and debt recovery.

In accordance with the Money Laundering Prevention Act of 2012, the Bangladesh bank plays a crucial role in eradicating and preventing money laundering offenses by taking action against all illegal and suspicious unauthorised money transactions.

Bangladesh bank has the authority to suspend or freeze transactions of any account, to issue necessary directions from time to time to the reporting organizations for the prevention of money laundering, to monitor whether directions imposed on the reporting organizations have been complied with and, if necessary, to conduct on-site inspections to determine the same, to impose fines/suspend license of the reporting agency for failing to provide information in a timely fashion, etc.

Under the Money Laundering Prevention Act of 2012, the Bangladesh Financial Intelligence Unit is responsible for eradicating and curbing money laundering and terrorist financing activities in Bangladesh by assisting other law enforcement agencies and financial intelligence units of other countries with the exchange of information related to such activities.

Whenever there is a foreign transaction between parties, banking laws must be observed. According to the Foreign Exchange Regulation Act of 1947, it is illegal for anyone other than an authorized dealer, a bank authorized by the Bangladesh Bank to deal in foreign exchange, to buy or borrow from, sell or lend to, or exchange foreign exchange with a person who is not an authorized dealer.

Therefore, it is imperative that the entities with foreign investors ensure that the initial investments are made through proper banking channels, i.e. at the time of company incorporation or purchasing shares of an existing company, the foreign investors should be remitting the share capital amount from their foreign bank account to the Company's bank account in Bangladesh, along with a note stating "investment in the share capital of (Name of the Company)".

This will demonstrate that the investment was made through the proper channels, and when remitting the profit, these initial investment paperwork and information will facilitate a smooth transfer in accordance with Bangladesh Bank regulations.

Legal process of establishing a Non-bank Financial institution in Bangladesh:

The Financial Institution Act of 1993 and the Financial Institution Regulations of 1994 govern the prerequisites and process for establishing a financial institution.

Before creating a financial institution in Bangladesh, the following actions must be taken:

i) Obtain name clearance from Bangladesh Bank
ii) Shareholder or Director Personal Information
iii) Form a Memorandum and obtain Bangladesh Bank's permission.
iv. Apply for Registration of the proposed firm at the Registrar of Joint Stock Companies (RJSC) under the Companies Act, 1994, as a Public Limited Company by providing all the pertinent documents and government fees, and acquire a Certificate of Incorporation from RJSC.
v) License from Bangladesh Bank
vi) Acquire a VAT, TIN certificate from the National Board of Revenue and a business license from the city government.



Bangladesh Bank has complete authority over whether or not to give any license. Prior to issuing a license, Bangladesh Bank may consider the financial condition of the applicant, management qualities, capital and future earnings prospects, objectives outlined in the memorandum of association, and whether the establishment of the financial institution is in the public's best interest.

In addition, Bangladesh Bank would establish a minimum paid-up capital requirement for domestically formed financial institutions based on a number of parameters. 1 billion BDT in paid-up capital would be required for the formation of an NBFI.

In addition, specific legislative requirements must be met in order to form a non-governmental organization/NGO. In regards to NBFI formation in Bangladesh, Micro Finance Institution NGSOs (MFI-NGO) are NGOs that engage in microcredit operations; a license is required from the Micro Credit Regulatory Authority (MRA) under the MRA Act 2006 to operate such a program. This organization's mission is to reduce poverty, create employment opportunities, and aid aspiring small business owners.

Legal issues in regards to NBFI formation in Bangladesh:

As stated previously, the difficulties of the banking business are not limited to the incorporation procedure. The difficulties also extend to the operational role. To successfully operate in this field without experiencing any legal repercussions, one must be knowledgeable of its legal issues. The proprietors of a financial institution must comply with the banking regulations and the legislation applicable to their institution in order to avoid penalties.
Despite the fact that both banks and non-banking financial institutions are considered financial institutions, their incorporation, operation, regulation, and methodology are separate.

This implies that all financial institutions are banks, but not all banks are financial institutions. Therefore, when a person decides to form his Institution, he must comply with the Bank Companies Act 1991 and the Guidelines to establish a banking company in Bangladesh in the case of a bank, or the Financial Institution Act 1993 and the Financial Institution Regulation 1994 in the case of a non-banking financial institution.

In the Bangladeshi banking industry, dishonor of checks is a fairly regular issue. As per the Negotiable Instruments Act, a person or business must never pay another person with a bank cheque for an amount that exceeds the balance remaining in his bank account or there were insufficient funds in his bank account to cover the cheque.

Otherwise, he would be subject to imprisonment or a fine of up to three times the amount of the cheque, or both.

In accordance with the Money Laundering Prevention Act of 2012, the Bangladesh bank plays a crucial role in eradicating and preventing money laundering offenses by taking action against all illegal and suspicious unauthorised money transactions.

Bangladesh bank has the authority to suspend or freeze transactions of any account, to issue necessary directions from time to time to the reporting organizations for the prevention of money laundering, to monitor whether directions imposed on the reporting organizations have been complied with and, if necessary, to conduct on-site inspections to determine the same, to impose fines/suspend license of the reporting agency for failing to provide information in a timely fashion, etc.

Under the Money Laundering Prevention Act of 2012, the Bangladesh Financial Intelligence Unit is responsible for eradicating and curbing money laundering and terrorist financing activities in Bangladesh by assisting other law enforcement agencies and financial intelligence units of other countries with the exchange of information related to such activities.

Whenever there is a foreign transaction between parties, banking laws must be observed. According to the Foreign Exchange Regulation Act of 1947 (NBFI formation in Bangladesh), it is illegal for anyone other than an authorized dealer, a bank authorized by the Bangladesh Bank to deal in foreign exchange, to buy or borrow from, sell or lend to, or exchange foreign exchange with a person who is not an authorized dealer. (NBFI formation in Bangladesh)

Therefore, for NBFI formation in Bangladesh, it is imperative that the entities with foreign investors ensure that the initial investments are made through proper banking channels, i.e. at the time of company incorporation or purchasing shares of an existing company, the foreign investors should be remitting the share capital amount from their foreign bank account to the Company's bank account in Bangladesh, along with a note stating "investment in the share capital of (Name of the Company)".

This will demonstrate that the investment was made through the proper channels, and when remitting the profit, these initial investment paperwork and information will facilitate a smooth transfer in accordance with Bangladesh Bank regulations for NBFI formation in Bangladesh.

FAQ about MRA in Bangladesh:

Here's a table of 10 frequently asked questions about the Micro-credit Regulatory Authority (MRA) and the requirements for establishing a Non-Banking Financial Institution (NBFI) in Bangladesh:

QuestionAnswer
What is the Micro-credit Regulatory Authority (MRA)?The MRA is the regulatory body responsible for overseeing the micro-credit and micro-finance sector in Bangladesh. The MRA was established under the Micro-credit Regulatory Authority Act, 2006 and is responsible for ensuring that the micro-credit and micro-finance institutions in Bangladesh operate in a fair, transparent and sustainable manner.
What are the requirements for establishing an NBFI in Bangladesh?According to the Financial Institution Act 1993 and the Financial Institution Regulation 1994, entities interested in establishing an NBFI in Bangladesh must comply with the following requirements:

1. The minimum paid-up capital must be BDT 1 Billion.
2. The company must have a minimum of five directors.
3. The company must have a registered office in Bangladesh.
4. The company must appoint a CEO, who is a Bangladeshi citizen.
5. The company must submit an application to the MRA for approval.
6. The company must comply with the Bangladesh Bank regulations for NBFI formation in Bangladesh.
What is a Micro-credit organisation in Bangladesh under MRA act 2006?Micro Credit Organisation means any micro credit organization, in whatever name it is called, certified to operate run micro credit program under this Act, (and) registered under —

(a) The Societies Registration Act, 1860 (Act XXI of 1860);
(b) The Trust Act, 1882 (Act II of 1882);
(c) The Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (Ord. No XL VI of 1961);
(d) Samabaya Samity Ain (cooperative societies act) (Act no 47 of 2001); or
(e) Company Ain (company act) (act 18 of 1994).

"Micro Credit" means loan facilities offered by micro credit organization certified under this Act for poverty alleviation, employment generation and facilitate a small entrepreneur.
Domination of the Act -- Whatever is laid down in other laws valid for the present, the regulations of this Act shall be enforced.
How much MFI's can can disburse micro-enterprise loans and what is the the mandatory liquidity reserve ?In accordance with this, the Microcredit Regulatory Authority, Bangladesh's regulatory body for the microfinance sector, recently rolled out its policy incentives for the microfinance sector by amending several rules of the existing Microcredit Regulatory Authority Rules, 2010.

According to the amendments, the mandatory liquidity reserve of MRA-licensed MFIs has been reduced from 15% to 10%.
MFIs can now disburse microenterprise loans up to 60% of their total business portfolio, up from 50% previously, and can draw 50% of their capital from term deposits and 40% from voluntary deposits. This policy change is expected to inject additional funds into the microfinance sector, thereby stimulating rural economic growth.

In Bangladesh, the microfinance sector is comprised of MRA-licensed MFIs, various banks and non-bank financial institutions, Grameen Bank, and various government agencies under various ministries. Along with MRA-licensed MFIs, these organizations provide microcredit to help people get out of poverty.

This microfinance sector has become a model of financial inclusion, with 66.447 million members and 44.66 million borrowers. The loan outstanding and loan disbursement of the microfinance sector in FY 2021-22 were BDT 1594.68 billion and BDT 2260.68 billion, respectively, with MRA licensed MFIs contributing 77.90% and 84.90%.
What is the role of Bangladesh Bank in NBFI formation?Bangladesh Bank is the central bank of Bangladesh and plays a crucial role in the formation of NBFIs. Bangladesh Bank is responsible for ensuring that all NBFIs comply with the Bangladesh Bank regulations for NBFI formation and operate within the guidelines set out by the Financial Institution Act 1993 and the Financial Institution Regulation 1994.
What is the Negotiable Instruments Act in Bangladesh?The Negotiable Instruments Act is a legislation in Bangladesh that governs the issuance and payment of negotiable instruments, such as cheques.

According to this act, a person or business must never pay another person with a bank cheque for an amount that exceeds the balance remaining in his bank account or there were insufficient funds in his bank account to cover the cheque.
What is the Money Laundering Prevention Act of 2012?The Money Laundering Prevention Act of 2012 is a legislation in Bangladesh aimed at preventing and combating money laundering and terrorist financing activities in Bangladesh. The Bangladesh Financial Intelligence Unit is responsible for implementing this act and ensuring that all financial institutions comply with its provisions.
What is the Foreign Exchange Regulation Act of 1947?The Foreign Exchange Regulation Act of 1947 is a legislation in Bangladesh that regulates the foreign exchange transactions in Bangladesh.

According to this act, it is illegal for anyone other than an authorized dealer, a bank authorized by the Bangladesh Bank to deal in foreign exchange, to buy or borrow from, sell or lend to, or exchange foreign exchange with a person who is not an authorized dealer.
What are the requirements for foreign investors to invest in NBFIs in Bangladesh?Foreign investors interested in investing in NBFIs in Bangladesh must comply with the following requirements:
1. The initial investments must be made through proper banking channels.
2. The foreign investors must remit the share capital amount from their foreign bank account to the Company’s bank account in Bangladesh, along with a note stating “investment in the share capital of (Name of the Company)”.
3. The investment paperwork and information must demonstrate that the investment was made through proper channels.
How does the MRA regulate the micro-credit and micro-finance sector in Bangladesh?The penalties for non-compliance with regulatory requirements by NBFIs in Bangladesh may include fines, suspension or revocation of license, and legal action.
Can NBFIs offer loans to microfinance or SME clients in Bangladesh?Yes, NBFIs can offer loans to microfinance or SME clients in Bangladesh as long as they comply with the relevant laws and regulations.
How does the MRA ensure the sustainability of NBFIs in Bangladesh? The MRA ensures the sustainability of NBFIs in Bangladesh by implementing measures to promote financial stability, encourage responsible lending practices, and ensure the soundness of the institutions.

Are you planning to do NBFI formation in Bangladesh?

NBFI formation in Bangladesh with Tahmidur Rahman Remura: TRW: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TRW, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to forming and incorporating a NBFI formation in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: info@trfirm.com
Phone: +8801847220062 or +8801779127165

Address: House 410, Road 29, Mohakhali DOHS

Healthcare Business in Bangladesh

Healthcare Business in Bangladesh

Nationwide, there are 15,000 private hospitals, clinics, and diagnostic centers.

On September 4, 2018, the license and renewal costs of private hospitals and clinics raised from Tk 5,000 to a minimum of Tk 50,000 to Tk 0.2 million. Only 5,000 hospitals, clinics, and diagnostic centres were licensed at the time.

Private hospitals and clinics require environmental certificates, employment information, NOCs from local corporations, and other paperwork for annual license renewal, according to DGHS sources.

In recent years, the healthcare industry in Bangladesh has undergone accelerated expansion. Bangladesh is the only LDC that meets about 98 percent of its domestic demand for pharmaceuticals, with a market size of approximately $3 billion. In addition, Bangladeshi pharmaceutical items were sold to around 150 countries in 2020-21, generating $169 million. With a double-digit yearly growth rate, the Bangladesh pharmaceutical industry is currently on track to meet local demand on its own. More than 300 small, medium, and large businesses create medicines in the United States, with the top ten accounting for nearly two-thirds of the industry.

International firms in Healthcare Business in Bangladesh:


The government of Bangladesh encourages international firms to collaborate with local firms in the production of pharmaceuticals, high-tech, and specialized goods. The regulations have been loosened, allowing international firms to export pharmaceuticals to Bangladesh.

High-tech U.S. exporters of medical equipment, surgical instruments, diagnostic equipment, and services have prospects in Bangladesh. Imported medications and medical devices are subject to customs taxes based on their classification and kind. Importation of anticancer medications, vaccinations, hormonal contraceptives, and other products is tax-free. Currently, the medical device industry is not severely controlled, but a policy to do so has been established and is awaiting approval. To enter the healthcare industry in Bangladesh, a company must submit the relevant application and supporting documentation. Applications from pharmaceutical companies are submitted to the Directorate General of Drug Administration (DGDA).

The Ministry of Health and Family Welfare (MOHFW) is responsible for national-level healthcare and education policy formulation, planning, and decision-making. The policies, strategies, and choices made at the national level are implemented by various implementing authorities and healthcare delivery systems across the nation, from the national to the community level. The Ministry and its relevant regulatory authorities also exercise indirect influence over the NGO and private healthcare systems. The majority of high-quality medical facilities are located in Dhaka, which serves as the country's centre for the distribution of medical services.

Before getting clearance, each direct foreign investor in Bangladesh must submit a project proposal to the Bangladesh Investment Authority (BIDA). Companies investing in hospitals and medical education must receive a license from the Directorate General for Health Services after registering with BIDA (DGHS). For license, pharmaceutical and medical device businesses must go via DGDA. However, organizations seeking these licenses must undergo vetting by the Ministry of Health and Family Welfare, the primary entity in charge of healthcare sub-sectors.

How to Establish a Healthcare Business in Bangladesh:


Due to its contribution to economic growth and significant reduction in mortality rate, the healthcare business in Bangladesh can be considered one of the most vital industries.


Since our nation's independence, the average life expectancy has increased from 44 to 72 years. In addition, Bangladesh has made extraordinary strides in achieving the Millennium Development Goals (MDGs). Despite a relatively modest level of healthcare investment, Bangladesh has made significant improvements in the health sector and Healthcare Business in Bangladesh. Bangladesh today looks forward to achieving sustainable development goals (SDGs) through maintaining a healthy lifestyle and promoting the well-being of all age groups.


How to Establish a Healthcare company in Bangladesh:

In Bangladesh, both governmental and private health service providers offer their services. The government administration regulates the basic, secondary, and tertiary health care provided by the public sector in Bangladesh. It begins at the national level and progresses to the district, upazilla, union, and ward levels. Employment and revenue in Bangladesh's private health care sector have increased steadily over the past few decades. Health care providers, physicians, hospitals and clinics, diagnostic centers, nursing homes, pathology laboratories, etc., are included in both the public and private healthcare sectors. The private healthcare industry has supplemented services offered by the public sector. Among private hospitals, Apollo, United, Square, and Ibn-Sina Hospital are notable, and this private healthcare is gaining appeal among the general population due to its quality, accessibility, and dependability.

Directorate General of Health Services (DGHS) in Bangladesh

The Ministry of Health & Family Welfare provides preventive, curative, and promotive services, in addition to emergency treatment. The government of Bangladesh has established the Directorate General of Health Services (DGHS). Administration is primarily responsible for the implementation of various health programs, management, planning, and execution of various health policies.
In accordance with the open market policy, the government of Bangladesh adopted a liberalized commercial approach to the expansion of the private sector in 1986, resulting in the establishment of hundreds of hospitals and clinics in the private sector. A profitable investment in the healthcare industry, which is one of the most significant areas of the economy, would enable individuals to engage in financial economic activities and raise the country's GDP.

Procedures for Obtaining a License and Registering Healthcare company in Bangladesh:

Procedures for Obtaining a License and Registering Your Business In Bangladesh, a healthcare business can be operated by founding a corporation:

A Company validly registered in Bangladesh may participate in any business activity permitted under the Object Clause of the Company as stated in its Articles of Association. A firm in Bangladesh may be either public or private. For the formation of a public company, a minimum of seven shareholders are necessary. Alternatively, a minimum of two shareholders is required to incorporate a private corporation.

A private corporation cannot invite the public to subscribe for its shares, but a public firm can offer its shares to the general public. In actuality, private companies are the most preferred business structure for both foreign and domestic entrepreneurs. There are no restrictions on foreign equity involvement for foreign direct investment, hence 100 percent foreign equity is permitted. Foreign investment gets the same level of protection and security as domestic investment in Bangladesh. The laws of Bangladesh guarantee non-discrimination between international and domestic investment, as well as the repatriation of share sales revenues and profits.

Incorporation of Healthcare business in Bangladesh:

The following actions must be taken to establish a company:

  1. The prospective company must get a Name Clearance from the Registrar of Joint Stock and Companies.
  1. Drafting and signing the following documents: • Memorandum and Articles of Association of the company; • Form I: Declaration On Registration Of Company; • Form VI: Notice Of Situation Of Registered Office; • Form IX: Consent of director to act; • Form X: List of Individuals Consenting to be Directors; • Form XII: Particulars of the directors, manager, and managing agents.
  2. Establishing a temporary bank account for the Proposed Company with any Bangladeshi bank on the list
  3. Transfer the paid-up capital amount from each foreign shareholder's account to the Bangladeshi bank account of the proposed company.
  4. Obtain an encashment certificate from the Bank of the Proposed Company for each international transaction.
  5. Submit the required documentation to the Company House.
  1. Pay the Government Registration Fees

Obtain the certificate of registration from the RJSC.

Required Company Formation Documents for Healthcare business in Bangladesh:

a) A copy of the company's Valid Name Clearance;

b) An executed copy of the company's memorandum and articles of incorporation.

c) Copy of Form I: Declaration On Registration Of Company, duly signed;

d) Copy of Form VI: Notice Of Situation Of Registered Office, duly executed;

e) Copy of Form IX: Consent of director to act, duly executed;

f) Copy of the executed Form X: List of Individuals Consenting to Serve as Directors;

g) Copy of Form XII: Particulars of the directors, manager, and managing agents, duly signed and dated;

h) Copies of shareholder and director identification cards (for Bangladeshi nationals);

I Copies of Shareholder Identification Number (TIN) Certificates (for Bangladeshi Nationals);

j) Copies of shareholders' and directors' passports (for foreign nationals);

k) Photos of shareholders and directors in passport format;

l) Bank Encashment Certificate for each international shareholder;

m) Receipt of the government fees' payment.

In addition to the above-mentioned formats, a company with 100% foreign ownership may also register as a Branch Office to commence healthcare operations. However, a Branch office can only serve the job envisioned by the parent firm if Bangladesh Investment Development Authority has granted prior authorisation. Depending on the expansion/scope of the business, further licenses or approvals may be necessary following the formation of the specific firm.

Additional Permissions for a Healthcare business in Bangladesh:

The following are the additional licenses required to create a healthcare industry:
I. Trade License; II. TIN Certificate; III. VAT Registration Certificate; IV. Industrial Investment Project Registration; V. Factory Layout Approval; VI. Factory License; VII. Membership Certificate; VIII. Import Registration Certificate (applicable for Import Business); IX. Export Registration Certificate (applicable for Export Business); X. Environment Clearance Certificate; XI. Fire License; XII. Trademark Registration.
Hospital License from the Directorate General of Health Services (DGDS).

The procedure for acquiring extra licenses is outlined below:

Trade License for Healthcare business in Bangladesh:

The most crucial prerequisite for launching a business in Bangladesh is acquiring a trade license. Every business entity is required to get a Trade License from the appropriate local government body. To obtain a Trade License, a complete application must be submitted to the appropriate local governmental entity (i.e., City Corporation/Municipal Corporation/Union Parishad) along with the required documentation.

 TIN Certificate:

To track tax payments, the government of Bangladesh issues TIN Certificates to individuals and businesses. The National Board of Revenue (NBR) is the only organization authorized to issue TIN Certificates. To receive the TIN Certificate, one must submit an online application to the NBR.

 VAT Certificate:

Every business is needed to have a Taxpayer Identification Number in order to conduct business (BIN). A BIN can be obtained through the National Board of Revenue's VAT registration process. Every business organization must get a certificate of VAT registration. To obtain the VAT Certificate, the NBR must receive an online application along with the required supporting documentation.

BIDA Registration of Project for Industrial Investment for Healthcare business in Bangladesh:

Local or foreign industrial businesses in Bangladesh must register with the Bangladesh Investment Development Authority (BIDA). To register an Industrial Investment Project with the BIDA, an application and the required documentation must be submitted.

Factory Layout Acceptance:

The Department of Inspection for Factories and Establishments (DIFE) must grant written permission prior to the use, modification, or enlargement of any dwelling, building, or premises as a factory. The DIFE must receive an application accompanied by the required documentation in order to grant approval for the proposed layout.

License of Manufacturer:

Each owner or occupant must submit an application for registration and licensing of factory to the Department of Inspection for Factories and Establishments (DIFE) within thirty (30) days prior to the start of factory operations.

After establishing the related business, the entrepreneur must become a member of a local Chamber of Commerce and Industry or pertinent Trade Association. The membership application is accessible at the office of the respective Chamber of Commerce or Trade Association.

Certificate of Import Registration and Certificate of Export Registration:

An importer who possesses an Import Registration Certificate (IRC) and an exporter who possesses an Export Registration Certificate (ERC) are able to import and export any permissible goods without any value or quantity restrictions or approval from any authority. The Office of the Chief Controller of Imports and Exports (CCI&E) provides applicants with Import Registration Certificates and Export Registration Certificates. To obtain the IRC or ERC, an online application and supporting documentation must be submitted to CCI&E.

 Environment Clearance Certificate

In Bangladesh, the Environment Clearance Certificate (ECC) is one of the essential permits required to launch an industrial unit or project. To get this Certificate, the owner of the industrial unit or project must submit an application to the Department of Environment along with the required documentation.

 Fire License for Healthcare business in Bangladesh:

Buildings and commercial organizations are required to obtain a fire license out of consideration for the environment and to safeguard the safety of the facility and its employees. It is issued by the Fire Service and Civil Defense (FSCD) body functioning under Bangladesh's Ministry of Interior. To receive this license, the concerned entrepreneur of the industrial unit or project must submit a request to the FSCD along with the required documentation.

Application for Trademark Registration
After the registration of the entity, it may apply to the Department of Patents, Designs and Trademarks (DPDT), which is administered by the Ministry of Industries, for the registration of its trademarks and/or any other Intellectual Property. The Trademark Registry Wing of the DPDT must receive the required documentation for the registration of a trademark from a candidate.
General Directorate of Health Services Hospital License
The establishment of a healthcare firm requires registration with the relevant government agency. Through an online site, the Ministry of Health and Public Welfare's DGHS oversees the licensing and renewal of private hospitals, clinics, blood banks, nursing homes, and diagnostic institutes across Bangladesh.

Legal Issues for Healthcare business in Bangladesh:

Foreign Investment Legislation in Bangladesh:

The liberalized Industrial Policy and export-oriented, private sector-led economic strategy of Bangladesh offer substantial investment prospects to foreign businesses and individuals considering investing in Bangladesh. Except for a few regulated industries, Bangladesh welcomes private investment in all areas.

The healthcare industry is completely open to international investment. The government's objective is to facilitate the increase of domestic and international private investment by fostering an enabling environment. The policy framework for foreign investment in Bangladesh is based on the Foreign Private Investment (Promotion & Protection) Act of 1980, which provides legal protection against nationalization and expropriation for foreign investment in Bangladesh. This also provides a non-discriminatory handling of international and local investments, as well as the repatriation of capital gains and income.

The Foreign Exchange Regulations Act of 1947, the Bangladesh Export Processing Zones Authority Act of 1980, the Bangladesh Private Export Processing Zone Act of 1996, the Bangladesh Economic Zone Act of 2010 and the Bangladesh Investment Development Authority Act of 2016 also address foreign investment.

Employment Law: The Labour Act of 2006 primarily governs employment law in Bangladesh. In addition to this Statute, the Labour Rules 2015, the National Labour Policy 2012, the Bangladesh Labour Welfare Foundation Act 2006, the Bangladesh Labour Welfare Foundation Rules 2010, the National Occupational Health and Safety Policy 2013, the Domestic Workers Protection and Welfare Policy 2015, and the National Child Labour Elimination Policy 2010 all contain rules and regulations pertaining to this issue.

The Labour Act of 2006 addresses employment of labor, employer-employee relations, payment of wages and compensation for injuries to workers, leaves, benefits, formation of trade unions, resolution of industrial disputes, welfare, health, safety, and working conditions in the establishment, amongst other matters. Additionally, maternity benefits are provided to female employees. Note that if the company is established within an EPZ, the Bangladesh EPZ Labour Act 2019 will apply.

Contract Law for Healthcare business in Bangladesh:

The center of the economic world is contractual agreement. It specifies the obligations and responsibilities of the parties on the subject of the contract. A contract binds both parties to its agreed-upon and stipulated conditions, such as the party's liability in the event of a breach of contract and the extent to which it would reimburse the other party's damages. It is advisable to take the utmost care while drafting the contract's terms and conditions so that they accurately reflect the parties' intentions. Additionally for Healthcare Business in Bangladesh, the Contract Act of 1872 governs all contracts in Bangladesh.

A force majeure event is an extraordinary occurrence or scenario beyond the parties' control, such as an act of God, war, or natural disaster. Generally, a successful use of the force majeure clause releases the parties from their respective contractual responsibilities and/or liability. A force majeure clause does not totally excuse a faction's failure to comply, but merely suspends it for a period of time. Section 56 of the Contract Act of 1872 of Bangladesh outlines the notion of frustration. According to this doctrine, a contract is null and void if its performance becomes impossible owing to the occurrence of an event or if it becomes unlawful after it has been entered into.

Compliances of the business entities - The entities must comply with the annual filing requirements, such as updating trade license at the respective city corporation, renewal of chamber membership, renewal of IRC & ERC, filing taxes, updating the annual filings at the RJSC, reporting to Bangladesh Bank, NBR, etc.

Relevant Property Law for healthcare business in Bangladesh:

In order to finalize the registration of the lease or purchase of the land, property laws must also be applied. The Land Reform Act of 2014, the East Bengal Tenancy Rules of 1954, the Survey Act of 1875, the Non-Agricultural Tenancy Act of 1949, the Registration Act of 1908, and the Transfer of Property Act of 1882 are the major statutes in these sectors.
A description of the Tahmidur Rahman Remura Wahid TRW and its services.

TRW Associates (Tahmidur Rahman Remura Wahid TRW) is a full-service corporate law firm that attempts to provide customers with a wide range of legal services rather than specializing on a single field of law. It is one of the largest and most reputable law companies in Bangladesh, providing domestic and international customers with legal counsel that fulfills their needs and expectations. Tahmidur Rahman Remura Wahid TRW provides all services associated with Company Incorporation, Sole Proprietorship, Partnership, and Foreign Company Registration, among others. Tahmidur Rahman Remura Wahid TRW law office has legal professionals that can guarantee a smooth legal process and assist in getting Certificates or Licenses required for Company Incorporation, including VAT Certificate, IRC/ERC, Name Clearance, Factory/Fire/Environmental License, TIN, Trade License, and other certificates.

In order to establish a Healthcare Business in Bangladesh, Tahmidur Rahman Remura Wahid TRW can give the following services:

Tahmidur Rahman Remura Wahid TRW offers an outstanding and capable team that can set up a healthcare business smoothly and quickly. Tahmidur Rahman Remura Wahid TRW's legal counsel can assist clients through consultations and meetings and offer them with incorporation rules for any sort of business.
In order to incorporate any form of business, a number of deeds, contracts, and other documents must be created. The legal staff at Tahmidur Rahman Remura Wahid TRW can assist customers with the preparation and drafting of these documents.
Before establishing a business, it is necessary to find an appropriate piece of land. Tahmidur Rahman Remura Wahid TRW can give a service to the client by searching for an ideal location for the client's business establishment. In addition, Tahmidur Rahman Remura Wahid TRW can assist with the drafting of lease agreements, the inspection of land by the appropriate land registry office, and the preparation for the acquisition of land, including registration.
Ø Tahmidur Rahman Remura Wahid TRW can also assist with making payments of government fees to the proper authorities, such as BIDA or RJSC, and liaising with them to get incorporation documentation. Tahmidur Rahman Remura Wahid TRW, legal professionals have excellent working relationships with government authorities, making it simpler to obtain any certificate or license.

Trademark/Copyright/Patent registration is sometimes required to incorporate a business in order to obtain protection against infringement, to add value to the organization, and to increase legal protection. Tahmidur Rahman Remura Wahid TRW helps its customers gain registration for

Trademark/Copyright/Patent from the Department of Patents, Designs, and Trademarks (DPDT), providing the legal protection of the company.

Tahmidur Rahman Remura Wahid TRW also offers services for obtaining or renewing any form of license; for conducting business in the healthcare industry, multiple licenses are required. The legal staff at Tahmidur Rahman Remura Wahid TRW can help obtain these licenses and, if necessary, renew them on time.

Tahmidur Rahman Remura Wahid TRW provides clients with labor-related services, such as preparing employment agreements, resolving labor-related issues, and rendering legal opinions on labour legislation, among others.

Tahmidur Rahman Remura Wahid TRW is able to provide guidance and assistance in meeting routine legal requirements in order to facilitate the smooth operation of a firm.

Impact of COVID-19 on Healthcare Business in Bangladesh:

In Bangladesh, the fourth stage of the Corona virus pandemic has been achieved, and the number of infected patients increases daily. Due to a scarcity of testing kits, PPE, and other protective gear, patients suspected of being infected with coronavirus were denied treatment by local doctors.

According to public health experts and campaigners, as well as other reports, the strategy of refusing to test patients other than those returning from COVID-19-affected nations has created a catastrophe for all patients seeking care. In spite of the government's decision to declare a general holiday and enforce social separation, the number of cases is rising at an alarming rate. The hospitals and clinics lack an adequate number of intensive care units, ventilators, isolation wards, personal protective equipment, and testing kits. Inadequate service by IEDCR, lack of coordination, and mismanagement are also contributing factors to the rise in patient population.

Furthermore, the number of deaths exceeds the number of individuals who have recovered from the virus, which is dangerous for the nation.


According to the World Health Organization (WHO), Bangladesh already bears financial and humanitarian costs and will incur additional health costs in the future; therefore, greater emphasis must be placed on public health response funding and the need for international medical assistance in countries with underdeveloped health systems. Secondary health care in Bangladesh is underfunded and inadequately regulated, despite the contribution of primary health services to the achievement of significant results.

In addition, the BMA says that 11 percent of coronavirus cases in the country involve medical workers, which is a cause of grave worry at the moment. As the number of cases among healthcare professionals has increased, the BMA has urged a sufficient supply of personal protective equipment (PPE), masks, and other protective gear. In addition, they urged that private clinics and hospitals in Bangladesh provide enough housing, food, and safety measures for medical staff.

For their frontline roles in the fight against coronavirus, the government of Bangladesh has developed a unique insurance and incentive package for doctors and nurses of government hospitals, field administration officers, law enforcement officers, health and relief workers.

The government has granted special incentives for Covid-19 frontline employees, including health insurance ranging from Tk5 to 10 lakh according on position. If a healthcare worker is at a higher risk of mortality or dies while giving service to a patient, this amount will be multiplied by five. In addition, the government would pay for the treatment of frontline workers who get a virus while on duty.

Taxation

The current general tax rate in Bangladesh is 32.5 percent, as stipulated by its legislation. Locally created limited liability companies are required to submit a variety of reports to the National Board of Revenue (NBR), including: opening a Tax Identification Number (TIN), submitting an annual return, and submitting an annual return for the previous year. Monthly Tax Deduction Statement, Semi-Annual Withholding Tax Statement, Annual Statement Relating to Employee Tax Return Filing, Annual Statement Relating to Salary Paid by the Company to Employees. Quarterly Advance tax deposit, Annual tax return submission, representing the company at appeal/hearing sessions, Monthly VAT return, etc. Tahmidur Rahman Remura Wahid TRW may provide guidance and assistance to ensure that all regulatory compliances are met, allowing the business to operate without difficulty.

Conclusion:

The country has remained an appealing location for foreign corporations to conduct business due to its accommodating business policies, cheaper production costs, and lower labor wages in comparison to other Asian nations. To assure quality outcomes from both the commercial and public health care industrial sectors, effective policy guidelines with robust execution are essential. There would be an increase in the number of hospitals and clinics in Bangladesh due to the growing population and increased demand for quality health care. This will encourage foreign investors to invest for economic gain in the healthcare industry.

Healthcare Management Summary:

Due to its contribution to economic growth and significant reduction in mortality rate, the healthcare business in Bangladesh can be considered one of the most vital industries. The nation has made extraordinary strides toward achieving the Millennium Development Goals (MDGs).

The government of Bangladesh chose a liberalized commercial approach to the expansion of the private sector, resulting in the establishment of hundreds of private hospitals and clinics in accordance with the open market policy. To do healthcare-related business in Bangladesh, it is necessary to obtain approval from the relevant authorities or department. Incorporation may be utilized to conduct a healthcare business. Obtaining licenses, such as a Trade license, Fire license, Environment and factory license, etc., is required to incorporate a business.

The DGHS, which falls under the Ministry of Health and Public Welfare, will issue licenses and registrations via its online portal. Through an online platform, the DGHS oversees the licensing and renewal of private hospitals, clinics, blood banks, nursing homes, and diagnostic institutions across Bangladesh. Trademark and Patent Registration shall be secured to protect the company from infringement and increase its value. The liberalized Industrial Policy and export-oriented, private sector-led economic strategy of Bangladesh offer substantial investment prospects to foreign businesses and individuals considering investing in Bangladesh. The healthcare sector is open to private investment, and the government's goal is to facilitate the increase of domestic and foreign private investment by fostering an enabling environment.

The policy framework for foreign investment in Bangladesh is based on the Foreign Private Investment (Promotion & Protection) Act of 1980, which provides legal protection against nationalization and expropriation for foreign investment in Bangladesh. In Bangladesh The pandemic caused by the Corona virus has reached its fourth stage, and the number of afflicted persons increases daily. Due to a scarcity of testing kits, PPE, and other protective gear, patients suspected of being infected with coronavirus were denied treatment by local doctors. For their frontline roles in the fight against coronavirus, the government of Bangladesh has developed a unique insurance and incentive package for doctors and nurses of government hospitals, field administration officers, law enforcement officers, health and relief workers.

Effective policy guidelines with robust execution are essential in Bangladesh to achieve quality outcomes from both the private and public health care industries. In Bangladesh, The number of hospitals and clinics would increase as a result of a growing population with rising demands for quality health care. This will encourage foreign investors to invest for economic gain in the healthcare industry. In order to continue with a healthcare business, the Tahmidur Rahman Remura Wahid TRW legal team can provide a variety of incorporation services. Tahmidur Rahman Remura Wahid TRW is a full-service legal firm with an exceptional and knowledgeable team that can easily establish a business in this industry.

Are you planning to do Healthcare Business in Bangladesh?

Healthcare Business in Bangladesh with Tahmidur Rahman Remura: TRW: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TRW, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to forming and incorporating a Healthcare Business in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: info@trfirm.com
Phone: +8801847220062 or +8801779127165

Address: House 410, Road 29, Mohakhali DOHS