VAT registration and enlistment in Bangladesh

by Barrister Tahmidur Rahman | Nov 26, 2022 | 2023, Law

VAT registration and enlistment in Bangladesh

Every company in the country must have a unique Business Identification Number (BIN). A business must first obtain a VAT registration certificate before applying for a BIN.

The annual turnover of a business determines whether it is required to pay VAT. If a company’s annual turnover is less than 30 lakhs taka, it is not required to pay VAT; however, if the company’s annual turnover is between 30 lakhs 1 taka and 80 lakhs taka, it is required to pay 3% Turnover Tax. All other businesses with an annual turnover of more than 80 lakhs must pay VAT at the 15% rate.

To continue your normal business operations, such as tendering, banking, and export and import, you must apply for VAT registration and obtain a Business Identification Number (BIN).

Obtaining VAT Registration

Applying for VAT registration is free, but you must meet certain requirements to be eligible. To support your application, you must provide the necessary information. This will also help to reduce any potential delays in processing your request.

BIN Eligibility

A BIN is not available to everyone. Although anyone can apply for free, only those who are eligible will receive and keep a BIN.

What you will require for your BIN application

Certain information is required to complete your free BIN application.

Request a BIN

To obtain a BIN, you must be running a business.

Following the application for BIN

If your BIN application is approved, your information is saved in the IVAS (Integrated VAT Administration System) at NBR. If your application is denied, you still have options.

How does the VAT procedure function?−

The VAT procedure functions through accepting input tax credit at every level of supply.  The tax payer, in accordance with the law and relevant rules and through maintaining accounts during every tax period, accepts paid up VAT on purchased input or goods. The VAT chain is maintained through accepting credit at every level of supply and paying Value Added Tax on all value additions.

How is VAT levied?

VAT is levied on taxable imports and supplies. VAT will be levied at a rate of 15% on all imports and supplies, except for goods and services exempt from VAT under the provisions of the law’s First Schedule.

Who is responsible for VAT?

The VAT procedure is an automatic taxing procedure based on input tax credit against supply or sale. The supplier accepts the paid-up VAT on the purchase tax of the goods or service as credit against the VAT included in the price during the supply of such goods or service, and he pays the net amount of VAT. As a result, the seller realizes the VAT from the buyer’s price and deposits the net amount of VAT to the government treasury after taking credit for VAT at the purchase level.

Because VAT is a consumer tax, the consumer must pay the full amount of VAT that applies to goods or services. As an intermediary procedure, at all levels of sale, the producer, supplier, and all shall realize VAT on behalf of the government and deposit it in the government treasury.

When was VAT implemented in Bangladesh?

Bangladesh implemented the Value Added Tax on July 1, 1991. The new VAT legislation will go into effect on July 1, 2017.

Who is the VAT payer?

In the Value Added Tax procedure, the VAT payer is the final consumer of goods or services. At each level of sale, the supplier or seller collects VAT from the purchaser and deposits it in the government treasury. Because the consumer is the last among purchasers, the ultimate liability for VAT falls to the consumer. Only at the point of sale does the supplier or seller deposit the VAT realized to the government treasury.

What are the most recent VAT rates under VAT Procedure 1991?

The standard rate of VAT under the VAT Procedure 1991 is 15%. According to the budget for the previous fiscal year (2015-16), in addition to the standard rate, ten lower rates are in place in the case of some services, namely 1.5%, 2%, 2.5%, 4%, 5%, 5.5%, 6%, 7.5%, 9%, and 10%.

What is the registration threshold for VAT and Turnover Tax?

Under the new VAT procedure, the registration threshold is Taka 8 million, and the enlistment threshold is Taka 3 million.

How will I persuade my business that VAT will be applicable?

If any of the goods or services listed in the First Schedule of the law fall within the scope of your economic activities, no VAT obligation will arise in your business, according to the law.

Furthermore, the annual turnover of your company will determine the applicability of VAT in the business. (See also Question 2.2.) However, you can pay VAT after VAT registration regardless of your business’s annual turnover.

What exactly is tax under the new VAT law?

The new VAT law defines tax as VAT, turnover tax, and supplementary duty, as well as interest, fine, and pecuniary penalty to recover arrears.

What is a VAT consumer’s responsibility?

It is the consumer’s responsibility to take delivery of the purchase invoice from the seller at the time of purchase. Because taking proper delivery of the VAT invoice ensures proper deposit of the VAT included in this invoice to the Government treasury.

What can a buyer do if the seller refuses to issue a VAT invoice?

While it is the seller’s responsibility to issue VAT invoices, it is also the purchaser’s responsibility to properly take delivery of the VAT invoice. If the seller refuses to issue a VAT invoice for any reason, he will notify the seller of this responsibility, because proper delivery of the VAT invoice will ensure proper deposit of the VAT included in the invoice to the Government treasury.

Even if the seller does not wish to issue the VAT invoice, he may bring the matter to the attention of the VAT authority, either online or by informing the nearest VAT authority.

What exactly is registration or enlistment?

Any importer, exporter, or taxable supplier must participate in the VAT procedure under the Value Added Tax procedure. This involvement with the VAT procedure occurs through registration or enlistment. He must comply with the VAT law by obtaining a Business Identification Number in the manner prescribed by the VAT law. And, according to VAT law, obtaining a Business Identification Number in the prescribed manner is referred to as registration or enlistment.

When must I take Registration or Enlistment?

When the turnover of economic activities exceeds Taka 8 million in a 12 (twelve) month period, registration is required, and enlistment is required when the turnover of economic activities exceeds Taka 3 million in a 12 (twelve) month period. You must register or enlist within 15 (fifteen) days of becoming eligible for registration or enlistment. Registration or enlistment will take effect on the first of the month following.

What is the meaning of a Business Identification Number (BIN)?

A business identification number is a number assigned to an individual based on the value of his economic activities. The nature and activities of the individual’s economic activities cannot be determined by this identification number. A tax payer can be identified by a specific number of 9 digits. This number can be obtained from the NBR’s website to determine a tax payer’s state of business affairs.

How do I obtain a BIN?

If the annual turnover of my economic activities exceeds the prescribed limit, an application in Form- VAT 2.1 must be submitted to the Commissioner. Within three working days of proper scrutiny and examination, a Registration Certificate/ Turnover Tax Enlistment Certificate in Form- VAT 2.1 containing a BIN from the VAT system will be issued in my favor.

What exactly is a VAT Certificate of Honour?

VAT Certificate of Honour is a letter of recognition issued by the VAT Online System to a tax payer in VAT Form-18.5 after he submits VAT or Turnover Tax returns for all Tax Periods during the relevant one year.

What are the benefits of a Certificate of Honour?

Any individual may benefit from the following benefits by obtaining a Certificate of Honour under VAT law, for example:

• Import Registration Certificate and Export Registration Certificate Renewal
• Providing to a Withholding Entity
• Taking part in any tender.
• Enrolling in any organization.
• Bond Licence Renewal
• Bank loan sanction/renewal
• Registration of real estate, etc.
• Furthermore, under the Taxpayer Motivation Programme, various social benefits, such as- Discounts in various hospitals, hotels, restaurants, super markets, branded stores, air tickets, and so on; and Priority in having various services, etc.

How should I calculate Annual Turnover in my business?

You will calculate annual Turnover in your business by adding the total amount of money received from goods manufactured at, imported to, or purchased by your business concern during the previous 12 (twelve) months.

Method of calculating annual business turnover in the event of registration:

In the case of a business, calculate turnover over the last 12 months beginning on the last day of the previous month (tax period).
Assuming that January 2017 is the current month, turnover should be calculated from 31 December 2016, the last day of the preceding month, for a period of the last 12 months, i.e., from 1 January 2016 to 31 December 2016.

In the case of a new business:

(a) estimating net turnover for the next 12 months beginning on the first day of the preceding month based on actual turnover (tax period).
That is, in order to register my entirely new business, I will compute the net turnover for the next 12 months beginning on the first day of the previous month.

Assume you are going to start a new business in the month of January 2017. At this point, calculating from the first day of the preceding month, 1 December 2016, turnover should be determined for the next 12 months, i.e., from 1 December 2016 to 30 November 2017.

(b) on the basis of estimated turnover, if the person liable to be registered expects to cross the registration threshold, estimating net turnover for the next 12 months beginning on the first day of the month (tax period) in which he will examine the probability of his registration, he must obtain VAT registration.

What are the advantages of having a BIN?

A businessman’s legal validity of business is established through the BIN. You can avail the following advantages:

• All import- export activities except baggage import.
• Registration of land or building in the name of the person registered or enlisted.
  Obtaining Import Registration Certificate or Export Registration Certificate.
  Supplying to any Withholding Entity.
• Participating in any tender.
• Enlisting with any organization.
• Obtaining Bond Licence.
• Sanction of Bank loan in favour of a registered or enlisted person.
  
  

Where to submit application for registration or enlistment?−

Application for registration or enlistment shall have to be submitted at the following places:

• Web Portal of Online Board.
• Central Information Processing Centre run by the Board.
• Any Customs, Excise and VAT Commissionerate or Departmental Office, which may be
  convenient for the applicant.
• Any service centre specified by the Board or the concerned Commissioner.
• Any fair conducted by the Board or the concerned Commissioner.
• Any other place ordered by the Board or the concerned Commissioner.

What are the Forms concerned with Registration or Enlistment?−

The Forms concerned with Registration or Enlistment are as follows:

How do I get registered or enrolled?

You must apply to the concerned commissioner for registration or enlistment using form VAT 2.1 for registration or enlistment.

Following verification of documents and information, the commissioner shall enlist or register you within 3 (three) working days and issue you a Business Identification Number in accordance with VAT 2.3. The registration certificate can be obtained online or in hard copy from the VAT Online help center.

My company has several branches. I’ve been running a business and should I be obtaining separate BINs for each of the branches?

According to Section 5 of the Value Added Tax and Supplementary Duty Act of 2012, there is no need for separate registration for each branch of the same company; business operations can be managed with a single registration.

Is it possible for the Commissioner to register or enlist me on his own?

If the Commissioner determines that you are eligible for registration after proper verification, he may register or enlist you on his own.

Is it necessary to obtain registration or enlistment for economic activities that are exempt under the purview of…

Exempted economic activities do not necessitate registration or enlistment.

Can I obtain voluntary registration even if I operate a business in an exempted economic zone?

You certainly can.

How can I change the information I gave during registration or enlistment?

If you want to change any of the information provided during registration or enlistment, you can do so yourself, but the Commissioner must be notified online via the VAT-2.6 Form within 15 (fifteen) days of the change.

How do I move the address of my business from one location to another?

You can change the location of your business by submitting an application to the Commissioner in VAT-2.7 Form 15 (fifteen) days before the transfer, subject to justification.

What documents are required for registration or enlistment?

There will be no documents required to be submitted during registration or enlistment. VAT registration or enlistment applications must be submitted in VAT-2.1 Form.

Is registration possible in any residential area?

The VAT law imposes no geographical restrictions on registration. Under the new procedure, no Trade Licence or similar document is required for registration. Postal Codes will be used to determine registration. As a result, registration can be obtained from any location in Bangladesh.

Is it possible to switch from Enlistment to Registration or from Registration to Enlistment?

You certainly can. You can change from Enlistment to Registration based on the Annual Turnover threshold, i.e. if the enlisted Annual Turnover threshold exceeds Taka 8 million. You can also switch from Registration to Enlistment if the registered business’s annual turnover exceeds Taka 3 million but is less than Taka 8 million.

How do I cancel my Registration or Enlistment?

In the event that your business’s registration or enlistment is revoked, you may apply to the Commissioner using the VAT-2.4 Form. If the Commissioner considers reasonable, causes for revocation of registration after suspending registration or enlistment for the time being, he shall direct the provision of a final return within 15(fifteen) days. The Commissioner shall revoke registration or enlistment within 15 (fifteen) days of receiving the final return, subject to proper receipt of information.

What are the differences between provisions in the old and the new law in respect of VAT registration and enlistment in Bangladesh?

The differences between provisions in the old and the new law in respect of registration and enlistment are as follows:

What is the method of online application for VAT registration and enlistment?

You can apply for online registration in accordance with the following methods:

Step-1:  At first visit www.nbr.gov.bd . Select Online VAT Registration option. You reach VAT Online Portal.

Step-2:  Create first, User ID and Password there in the name of the individual liable to be registered or enlisted.

Step-3:   Enter into the VAT Online System using the User ID and Password and after selecting Registration option, submit VAT- 2.1 Form, duly filled in. 

Step-4:  If the submission is correct, VAT Registration Certificate or Turnover Tax Enlistment Certificate will be created. You will get that from the System. That will also be sent to your email.

NB:  Before furnishing any online application, please go through the relevant practical guide from the website of the NBR. Moreover, you can train yourself from www.nbrelearning.gov.bd in order to learn more in details including watching relevant video films.

Are you intending to do your corporate/personal taxes in Bangladesh (Tax rate in Bangladesh)?

Get your tax and vat sorted out (a/c current Tax rate in Bangladesh) with the help of  Tahmidur Rahman Remura: TLS: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TLS, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related in doing taxes as per the current Tax rate in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165

Address: House 410, Road 29, Mohakhali DOHS

VAT agent in Bangladesh

by Barrister Tahmidur Rahman | Nov 26, 2022 | 2023, Law

When and why is a VAT agent required in Bangladesh?

A non-resident entity that conducts business in Bangladesh but does not have a fixed place of business must appoint a VAT Agent in Bangladesh, according to the Value Added Tax and Supplementary Duty Act, 2012, and the Value Added Tax and Supplementary Duty Rules, 2016, which take effect on July 1, 2017. The VAT Agent will be the person authorized to act on the Business entity’s behalf.

The VAT agent will be the person authorized to represent the non-resident to the VAT authorities.

How Will A VAT Agent Work in Bangladesh?

On behalf of the non-resident, the VAT Agent must obtain a VAT Agent certificate, which is typically valid for three years. The certificate can be renewed using an application before it expires.

After nominating a VAT agent, the non-resident must notify the National Board of Revenue, and the National Board of Revenue must contact the VAT agent to obtain his consent.

Such VAT Agent of a non-resident shall bear all responsibilities and carry out all activities of the non-resident, and shall be jointly and severally liable for the payment of all dues, including taxes, fines, penalties, and interest.

Nonetheless, a VAT Agent must register economic activities for VAT in the name of the principal.

VAT Agent in Bangladesh

Tahmidur Rahman Remura Associates law Firm is a group of professionals that includes Chartered Accountants registered with the Institute of Chartered Accountants of Bangladesh, Cost and Management Accountants registered with the Institute of Cost and Management Accountants of Bangladesh, and lawyers registered with the Bangladesh Bar Council.

Our professionals are qualified to act as VAT agents for non-resident entities in Bangladesh, and they have the necessary experience dealing with VAT authorities regarding VAT return submission, obtaining VAT exemption, input/output tax credit, VAT Audit, and VAT registration.

What exactly is VAT?

VAT, or Value Added Tax, is an indirect tax paid by the consumer through a registered person. VAT on a specific good or service is calculated by adding the actual level of value of the said good or service and adjusting the input tax payable against the supplied goods or service.

If a good is purchased for Taka 1000 and sold for Taka 1500, an amount of Taka 130.43 is included as VAT for the purchase of Taka 1000 (Calculation: 1000×15/115); similarly, a VAT amount of Taka 195.65 is included if the good is sold for Taka 1500. (Do the math: 1500×15/115.)

Actual addition will be Taka 500 if the goods is sold at Taka 1500 and as the seller had paid the price of the goods during purchase inclusive of the VAT, he will pay the VAT at the actual level of addition at the stage of sale, that is on Taka 500, taking back the VAT paid by him at the stage of purchase.
Payable VAT on Taka 1500- Taka 195.65
VAT included in Taka 1000- Taka 130.43

Net payable VAT on Taka 500- Taka 65.22 (Calculation: 500×15/115)
Method of calculation by seller- = (1500×15/115) – (1000×15/115)
=195.65-130.43
=65.22 Taka

How does the VAT procedure function?−

The VAT procedure functions through accepting input tax credit at every level of supply.  The tax payer, in accordance with the law and relevant rules and through maintaining accounts during every tax period, accepts paid up VAT on purchased input or goods. The VAT chain is maintained through accepting credit at every level of supply and paying Value Added Tax on all value additions.

What are the Forms concerned with Registration or Enlistment?−

The Forms concerned with Registration or Enlistment are as follows:

What are the differences between provisions in the old and the new law in respect of The Value Added Tax and Supplementary Duty Act 2012 and The Value Added Tax Act 1991?

The differences between provisions in the old and the new law in respect of registration and enlistment are as follows:

What is the online application procedure?

You can apply for online registration using the following methods:

Step 1: Go to www.nbr.gov.bd .

Select the option for Online VAT Registration. You have arrived at the VAT Online Portal.

Step 2: First, create a User ID and Password in the name of the person who will be registered or enlisted.

Step 3: Log in to the VAT Online System with your User ID and Password and, after selecting the Registration option, submit the completed VAT-2.1 Form.

Step 4: If the submission is valid, a VAT Registration Certificate or Turnover Tax Enlistment Certificate will be issued. That will be provided by the System. This will also be sent to your email address.

NB: Before submitting any online application, please read the relevant practical guide from the NBR’s website. Furthermore, you can train yourself from www.nbrelearning.gov.bd to learn more in depth, including by watching relevant video films.

Are you intending to do your corporate/personal taxes in Bangladesh (Tax rate in Bangladesh)?

Get your tax and vat sorted out (a/c current Tax rate in Bangladesh) with the help of  Tahmidur Rahman Remura: TLS: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TLS, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related in doing taxes as per the current Tax rate in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165

Address: House 410, Road 29, Mohakhali DOHS

Warisan and Succession Certificate in Bangladesh

by Barrister Tahmidur Rahman | Nov 23, 2022 | 2023, Law

Warisan and Succession Certificate in Bangladesh

Warisan and Succession Certificate in Bangladesh is a vital document used to identify the heirs or successors of a deceased person. The Warisan Certificate is issued by the Ward Councilor’s Office in the City Corporation area, the Ward Commission’s Office in the Pourashava area, or the Union Parishad Chairman’s Office in the Union Parishad area.

The Succession Certificate, on the other hand, can only be granted by the Court under Section 371 of the Succession Act, 1925. In this article, we will look at how to obtain a Warisan Certificate and a Succession Certificate from the appropriate authorities in Bangladesh.

WHO CAN MAKE A CLAIM?

Anyone among the heirs can file an inheritance right appeal with the court using a lawyer. The District Judge Court or someone nominated by the District Judge Court exempts a succession case.

The Third Joint District Judge Court in Dhaka has been given jurisdiction over succession certificate matters. As a result, if the property is located within Dhaka, a succession certificate case must be filed in the Third Joint District Judge Court.

The application must be accompanied by an affidavit stating:

Relationship with the deceased:

Confirmation that the deceased’s money was not donated or bequeathed to anyone; confirmation that no probate or letter of administration was filed for the will; and confirmation that he was given the authority to withdraw money by other heirs.
A detailed accounting of the deceased person’s assets should also be provided.

After filing an application with the court, the court will take the applicant’s statement at the appointed time and verify the veracity of all the information. At this point, the court sends a notice to the deceased’s relatives to see if they have any claims or objections. If anyone has an objection, it must be submitted at this time. If no objections are raised, the court issues a certificate of success on the applicant’s behalf.

HOW MUCH MONEY DO YOU NEED TO SPEND?

The court fee must be paid if the court grants the application for the succession certificate after the case is filed. The court fee is calculated based on the amount of money the applicant wishes to withdraw from the bank.

There is no court fee if the amount claimed is less than Tk 20,000. However, from Tk 20,000 to Tk 1,00,000, a 1% court fee is required. A 2% court fee, on the other hand, must be paid on any amount greater than Tk 1,00,001. The certificate is issued by the court within the time frame specified after the court fee is paid.

WHAT EXACTLY IS A WARISAN CERTIFICATE?

It is a certificate that contains the list of heirs of a deceased person and is printed on the letterhead pad of the Ward Councilor’s Office in the City Corporation area, the Ward Commission’s Office in the Pourashava area, or the Union Parishad Chairman’s Office in the Union Parishad area. Unless cancelled by the proper authority, this certificate is evidence of the deceased person’s heirs.

WHAT EXACTLY IS A SUCCESSION CERTIFICATE?

It is a certificate that confirms the proportion of the share of property, specifically deposits in banks (liquid money), shares, cars, certificates and bonds, stocks, insurance amount, and so on, and it must be granted by the appropriate court.

According to Section 371 of the Succession Act 1925, the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if he had no fixed place of residence at the time of his death, the District Judge within whose jurisdiction any part of the deceased’s property may be found, may grant a certificate.

WHY IS A WARISAN CERTIFICATE REQUIRED?

It is required for the division and distribution of immovable property among the deceased person’s heirs. Furthermore, this document is required for a variety of purposes and government offices, such as the AC Land and Sub-Registry Office for the completion of land mutation and transfer.

WHY IS A SUCCESS CERTIFICATE REQUIRED?

It is necessary, where the deceased person has left some immovable property, such as deposits in banks (liquid money), shares, cars, certificates and bonds, stocks, insurance amount, etc., for the court to issue an order under Section 372 of the Succession Act, 1925 to establish the ownership of the deceased person’s legal heirs.

The bank and other government offices require this certificate in order to transfer ownership of these immovable properties.

WHERE CAN I GET A WARISAN CERTIFICATE?

Step 1- Required documents:

Photographs (passport size) of the applicant and heirs, NIDs of the applicant and heirs, Applicant’s parents’ names, Applicant’s current address, Applicant’s permanent address, NID of the deceased person, and Death Certificate of the deceased person.

Step 2: Complete the application form.

If the deceased person ordinarily resided within the city corporation area at the time of his death, the application form can be found in the Ward Councilor’s Office. This form is also available online for Dhaka North City Corporation (click here) and Dhaka South City Corporation (click here).

If the deceased person ordinarily resided in the Pourashava area at the time of his death, the application form can be found in the Ward Commission’s Office.

If the deceased person ordinarily resided within the Union Parishad area at the time of his death, the application form can be found in the Union Parishad Chairman’s Office.

It is worth noting that this Warisan Certificate is now available through a full-fledged online process by clicking here. The online process for obtaining the Warisan Certificate is simple and quick, with no unnecessary complications.

This online process, however, is not available to all city corporations, Pourashava, or Union Parishad, and this information can also be found by clicking the above-mentioned link.

Step 3: Application Submission

The completed application form, as well as the above-mentioned documents, must be submitted to the appropriate authority.

Requisition of security from grantee of certificate

(1) The District Judge shall in any case in which he proposes to proceed under sub-section (3) or sub-section (4) of section 373, and may, in any other case, require, as a condition precedent to the granting of a certificate, that the person to whom he proposes to make the grant shall give to the Judge a bond with one or more surety or sureties, or other sufficient security, for rendering an account of debts and securities received by him and for indemnity of person who may be entitled to the whole or any part of those debts and securities.

(2) The Judge may, on application made by petition and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder. 

Extension of certificate

(1) A District Judge may, on the application of the holder of a certificate under this Part, extend the certificate to any debt or security not originally specified therein, and every such extension shall have the same effect as if the debt or security to which the certificate is extended had been originally specified therein.

(2) Upon the extension of a certificate, powers with respect to the receiving of interest or dividends on, or the negotiation or transfer of, any security to which the certificate has been extended may be conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be required, in the same manner as upon the original grant of a certificate. 

Forms of certificate and extended certificate

Certificates shall be granted and extensions of certificates shall be made, as nearly as circumstances admit, in the forms set forth in Schedule VIII. 

Amendment of certificate in respect of powers as to securities

378. Where a District Judge has not conferred on the holder of a certificate any power with respect to a security specified in the certificate, or has only empowered him to receive interest or dividends on, or to negotiate or transfer, the security, the Judge may, on application made by petition and on cause shown to his satisfaction, amend the certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any other of those powers.

HOW TO OBTAIN A SUCCESS CERTIFICATE:

Step 1- Documents required:

Photographs (passport size) of the applicant and heirs, NIDs of the applicant and heirs, Warisan Certificate, and Death Certificate of the deceased person

Step 2- Application Preparation:

According to Section 372 of the Succession Act of 1925, the applicant will prepare an application, verify and sign it, and submit it to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if he had no fixed place of residence at the time of his death, the District Judge within whose jurisdiction any part of the deceased’s property may be found after paying the appropriate court fees.

Step 3: Court Proceedings:

The appropriate Court will begin the proceedings by holding a preliminary hearing on the application and determining whether or not the application is admissible.

Following the preliminary hearing, the Judge will set a date for the final hearing and send notice of the hearing to whomever the Judge deems appropriate.

After the final hearing, if the Judge determines that the applicant has the right to the certificate, the Judge shall issue an order granting the certificate to the applicant.

If the Judge cannot decide the right to the certificate without deciding questions of law or fact that appear to be too intricate and difficult to resolve in a summary proceeding, he may still grant a certificate to the applicant if he appears to be the person with the best prima facie title to it.

Step 4: Certificate Contents:

When the District Judge grants a certificate, he must specify the debts and securities specified in the application for the certificate, and may thus empower the person to whom the certificate is granted to (a) receive interest or dividends on, (b) negotiate or transfer, or (c) both receive interest or dividends on and negotiate or transfer the securities or any of them.

Time Period:

Warisan Certificate:

Around 15 days to 30 days are required for the issuance of the Warisan Certificate.

Succession Certificate:

Firstly, a newspaper notice for a span of 45 days is issued by the court. If any individuals have any kind of objections towards the particular advertisement then they have a chance to file an opposition in the court. When the objections are received by the court it might take time for the issuance of the succession certificate till all of them are cleared.

If the court doesn’t receive any kind of objections from anyone ten the succession certificate is issued immediately.

Are you intending to get a Warisan and Succession Certificate in Bangladesh?

Get yourWarisan and Succession Certificate in Bangladesh with the help of  Tahmidur Rahman Remura: TLS: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TLS, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to Warisan and Succession Certificate in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165 or +8801708080817

Address: House 410, Road 29, Mohakhali DOHS

How to get a Portugal Passport from Bangladesh

by Barrister Tahmidur Rahman | Nov 22, 2022 | 2023, Law

Portugal Passport By Investment

The three most common routes to Portuguese citizenship for expats are outlined below.

1. Portuguese Passport By means of Marriage:

After three years of marriage to a Portuguese citizen, one can acquire Portuguese citizenship through marriage. In addition, there is no minimum time requirement for prior residency in the country.

However, you must provide evidence of your relationship and affiliation with the Portuguese community.

Even if you divorce or separate in the future, you will not lose your Portuguese citizenship.

2. Portuguese Citizen By Descent:

Those who acquire citizenship through descent or birth are considered Portuguese descendants if,

A parent of yours was born in Portugal.
Your parents are Portuguese government servants.
You were born abroad to foreign parents, but at least one of your parents has a Portuguese birth registration.

3. Portugal Passport By Investment:

The Portugal Golden Visa program, designed to attract foreign investment, is another path to obtaining a Portugal passport. This visa program expedites the process for foreigners and non-EU/EFTA citizens who wish to invest in Portugal and obtain a residence permit and citizenship.

Through this program, the Portuguese passport is granted to investors in Portugal. This process is referred to as naturalization.

Portuguese Passport Processing Time

Normal processing time for a Portuguese passport is five business days after submitting all required documents and meeting residency requirements.

In emergency situations and genuine appeals, the processing time is reduced to two to three business days. In this instance, you may be charged an additional fee.

Dual Nationality Status in Portugal:

The Portuguese government permits foreigners to acquire Portuguese citizenship without relinquishing their original citizenship.

If you have dual citizenship and are looking for a new country to call home, Portugal is an excellent option. However, you must confirm with your home country whether dual citizenship is permitted. If so, you may retain both. If not, you must choose between the two options.

Portuguese Passport Eligibility:

You can apply for citizenship after a minimum of five years of living with a Portuguese investment visa. To do so, you’re required to take a Portuguese test. You may take the examination at any time before your application has been processed.

A Portuguese Passport Renewal:

The Portugal passport has a five-year validity period and can be renewed. Consequently, if your passport will expire within the next six months, you can submit an application for a replacement.

Note that once your passport has expired, it cannot be renewed. In addition, you will be required to repeat the entire passport application process.

In addition, the renewal of a Portuguese passport costs €100. Note, however, that regardless of the reason for your early renewal application (a stolen or lost passport), you will be required to pay an additional fee.

Passport Expenses:

The citizenship application fee ranges from €175 to €250, depending on the applicant’s category. For example, children who are eligible for citizenship through descent may apply for a free Portuguese passport.

In a different scenario, the cost of obtaining a passport is approximately €100 if you are applying for Portuguese citizenship abroad. However, a typical application will cost just €65, though this varies based on your location and personal circumstances.

Permanent residence is distinguished from temporary residence in that it is granted indefinitely. It is not required to be renewed every year or two. However, you must renew your permanent residence card every five years, as is the case in Portugal.

Validity of the Portuguese permanent residence card: 5 years

With the exception of political rights, permanent residence in Portugal nearly confers the same rights as citizenship. With a permanent residence card, you are ineligible to vote and hold public office.

Permanent residents of Portugal cannot take advantage of all the travel and relocation options available to citizens of the nation. A Portuguese passport, for instance, allows visa-free entry to 187 countries, and a permanent residence card to 26 Schengen zone countries.

The article “Five Questions About Residence Permit and Permanent Residency” explains how an investor can obtain permanent residence in European countries and what benefits this status confers.

Portuguese permanent residency requirements

To obtain a permanent residence card in Portugal, you must first acquire a temporary residence permit. After maintaining your status for five years, you can apply for permanent residency.

Residence permits in Portugal are obtained through study, employment, or marriage to a Portuguese national for the purpose of family reunion. In addition, this status can be obtained if there is a passive income and a residence in the country, as well as through the state investment program.

Obtaining a residence permit in Portugal through investment takes between four and six months. The requirements for investors are less stringent than those for other types of residence permit applicants.

Obtaining a residence permit in Portugal by investment takes 4 to 6 months. Conditions for investors are simpler than for applicants for a residence permit on other grounds.

Conditions for obtaining a residence permit in Portugal

Applicants invest from €250,000 in the economy of Portugal to get a residence permit card of the country. The residence permit program in Portugal offers investors seven options. 

The most popular option among investors is to acquire real estate in the country for at least €280 000. Real estate prices in Portugal are increasing by an annual average of 3-5%. The investment can be returned with a profit after five years if the property is rented out and sold.

The second most popular choice among investors is to invest €500,000 in units of investment funds. Other alternatives include investments in culture and art, scientific projects and business in the country, capital transfer, and the establishment of a business in Portugal.

Options and conditions of the residence permit by investment program in Portugal

To maintain a residence permit in Portugal, the investor must maintain the investment and spend a minimum of seven days per year in the country. The renewal of the residence permit card occurs every two years.

In order to maintain permanent residence in Portugal, it is sufficient to spend at least six months in the country within three years of obtaining the status.

Possibilities afforded by a Portuguese residence permit and permanent residency

Lodging options in Portugal. A Portuguese residence permit allows legal entry into the country, even when the borders are closed. Investors are permitted to reside permanently or vacation in the country.

It is possible to travel without a visa. Portuguese citizens may enter Schengen countries without a visa. There is a limit of 90 days per half-year.

Visa-free countries with permanent residence in Portugal

Free education for children. A residence permit and permanent residence in Portugal allow you to enroll a child in a kindergarten or school for free. 

Residents may enroll in universities in Portugal, and their degrees will be recognized in other EU nations. Free higher education is available to residents on a competitive basis.

Effective medicine. Portugal has a high standard of medical care. This verifies the average life expectancy: 82 years for the country’s citizens. This is greater than the length in Belgium, Denmark, the Czech Republic, or Croatia. In Europe, the average life expectancy is 78 years.

Cartão de Utente

To receive comprehensive health care in Portugal, you must enroll with the National Health Service (NHS). To do this, you need to get a user card — Cartão de Utente. The document must be presented at the hospital and pharmacy on each occasion.

You can obtain an NHS user card at your local Portuguese polyclinic. You must carry a valid residence permit or permanent residence card.

If they contribute to the Social Security Fund, Portuguese citizens and foreigners with a valid residence permit or permanent residency are eligible for free medicine. Additional diagnostic studies are funded by all parties.

Fiscal incentives Residents of Portugal are eligible for the non-habitual resident tax status (NHR). It exempts from taxation income earned outside of Portugal and paid in another country. In addition, the status reduces the tax rate on income earned in Portugal from professional activities to 20%. Without NHR status, the tax rate on income is 48%.

How to acquire a favorable tax status in Portugal

To become a tax resident of Portugal and obtain NHR status, you must spend more than 183 days per year in the country.

A European financial institution account. A residence permit or permanent residency in Portugal enables you to open an account in a European bank, keep your savings in hard currency, and avoid losing money on foreign transfer fees by keeping your savings in hard currency.

A chance to acquire EU citizenship. Those with a valid residence permit and permanent residence card in Portugal are eligible to apply for Portuguese citizenship.

Since Portugal is a member of the European Union, its citizens are able to live and work in any other member state. In addition, Portuguese citizens can enter 187 countries visa-free, including the United States, Canada, the United Kingdom, Japan, and Australia.

On the path to Portuguese citizenship, permanent residency is an optional step. After five years of holding a residence permit, you are eligible to apply for citizenship. The status of permanent residence in Portugal is advantageous for citizens of nations where dual citizenship is prohibited, such as Kazakhstan.

What makes Portugal desirable for relocation?

Portugal has a well-developed education and medical system, a favorable climate and ecology, a secure environment, affordable lodging, and high-quality food and wine.

The climate in Portugal varies by region: in the north, it is cool and wet, whereas in the south, it is warm and sunny. The climate along the border with Spain is continental, with warm summers and cool winters and low precipitation.

In the north of Portugal, summers are sunny and warm, but not oppressively so. The winters are wet, particularly in the Porto metropolitan area and further north. Snowfall is uncommon in Portugal. Snow is most prevalent in the Serra da Estrela.

In the central region of Portugal, which includes Lisbon and the Silver Coast, winters are mild and summers are hot and dry. In the coastal, central, and southern regions, summer heat is more bearable due to the cooling effect of the sea breeze.

Southern Portugal and the Algarve are among the sunniest regions in Europe. The sun remains even during winter. Consequently, the southern region of Portugal is a popular tourist destination.

Lisbon’s average annual temperature

Portugal has one of the lowest living costs in Europe. The cost of living in Lisbon is 37% less than in Paris and 20% less than in Berlin, according to Numbeo.com. In comparison to Madrid, prices are 6% less expensive.

Basic expenses for a month of living in Portugal

Safety:

In 2021, Portugal was ranked fourth out of 163 in the Global Peace Index. The country has a low crime rate, no internal conflicts, and the risk of terrorism is minimal. Portugal does not participate in international political conflicts and wars.

Safety. Portugal ranked fourth out of 163 countries on the Global Peace Index in 2021. The nation has a low crime rate, no internal conflicts, and a low terrorism risk. Portugal does not engage in international political wars and conflicts.

Good ecology. The Blue Flag was awarded to 352 Portuguese beaches. This award is given to beaches with safe, high-quality swimming conditions. Therefore, Portugal’s beaches attract tourists from around the world.

The country prohibits the development of coastlines so as not to harm the environment. Portugal generates 79.5% of its electricity from renewable natural energy sources such as wind, solar, and hydroelectric power plants.

Portugal plans to achieve carbon neutrality and electrify all public transportation by 2050.

Entertainment. Portugal has something for everyone, including picturesque beaches, water sports, hiking, sightseeing tours, and medieval architecture to explore.

Active time can be spent in the country’s entertainment and educational leisure centers for children and adults. The Lisbon Zoo and Aquarium, the Santo Andre Safari Park, the Evora Museum City, and the Surf Reserve are some examples.
Victor Esik, the head of Immigrant Invest’s Portuguese office, moved to Portugal, obtained citizenship, and described life in the country. Read about his experience in the article titled “How to Obtain Portuguese Citizenship After Obtaining the Golden Visa.”

Through this program, the Portuguese passport is granted to investors in Portugal. This process is referred to as naturalization.

Portuguese Passport Processing Time:

Normal processing time for a Portuguese passport is five business days after submitting all required documents and meeting residency requirements.

In emergency situations and genuine appeals, the processing time is reduced to two to three business days. In this instance, you may be charged an additional fee.

Dual Nationality Status in Portugal

The Portuguese government permits foreigners to acquire Portuguese citizenship without relinquishing their original citizenship.

If you have dual citizenship and are looking for a new country to call home, Portugal is an excellent option. However, you must confirm with your home country whether dual citizenship is permitted. If so, you may retain both. If not, you must choose between the two options.

Portuguese Passport Eligibility

You can apply for citizenship after a minimum of five years of living with a Portuguese investment visa. To do so, you’re required to take a Portuguese test. You may take the examination at any time before your application has been processed.

Since the United Kingdom voted to leave the European Union, British citizens have been seeking permanent residence in Portugal.

A Portuguese Passport Renewal

The Portugal passport has a five-year validity period and can be renewed. Consequently, if your passport will expire within the next six months, you can submit an application for a replacement.

Note that once your passport has expired, it cannot be renewed. In addition, you will be required to repeat the entire passport application process.

In addition, the renewal of a Portuguese passport costs €100. Note, however, that regardless of the reason for your early renewal application (a stolen or lost passport), you will be required to pay an additional fee.

Passport Expenses

The citizenship application fee ranges from €175 to €250, depending on the applicant’s category. For example, children who are eligible for citizenship through descent may apply for a free Portuguese passport.

In a different scenario, the cost of obtaining a passport is approximately €100 if you are applying for Portuguese citizenship abroad. However, a typical application will cost just €65, though this varies based on your location and personal circumstances.

WHO CAN REQUEST THE PORTUGUESE ELECTRONIC PASSPORT? 

• Any Portuguese citizen.

WHERE CAN YOU REQUEST THE PORTUGUESE ELECTRONIC PASSPORT? 

• At the Passport Bureaus in the Airport of Lisbon and Airport of Porto
• At the Governments of the Autonomous Regions of the Azores and Madeira
• At the IRN’s desks which provide this service
• At the Portuguese consulate of your residence area.

WHAT IS THE PRICE TO REQUEST THE PORTUGUESE ELECTRONIC PASSPORT? 

The passport’s price depends on the delivery term and on the location where you submit the request.

You may pay in cash or with multibanco.

HOW CAN YOU REQUEST THE PORTUGUESE ELECTRONIC PASSPORT?

Are you intending to get a Portugal Passport By Investment from Bangladesh?

Get your Portugal Passport By Investment from Bangladesh with the help of  Tahmidur Rahman Remura: TLS: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TLS, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to PI Visa for foreign investor in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165 or +8801708080817

Address: House 410, Road 29, Mohakhali DOHS

PI Visa for foreign investor in Bangladesh

by Barrister Tahmidur Rahman | Nov 22, 2022 | 2023, Law

PI Visa for foreign investor in Bangladesh

• In order to apply for a work permit, foreign investors and employees must hold a PI (private investor) or E2/E3 (employment) VISA.

• BIDA issues a letter of recommendation for obtaining a PI and E2/E3 VISA.

• VoAs may be converted to E2, E3, and PI visa types upon submission of all necessary documentation. E2, E3, and PI visa eligibility under the revised VISA Policy 2019 (effective July 2021):

PI (private investor) VISA: for foreign investors investing in industrial/commercial establishments under 100 percent foreign ownership or joint venture in the private sector.

E2 VISA:

for I expatriates working in national/international/ government/ semi-government/ autonomous/ private industrial/ commercial organizations/ branch/liaison/ representative office and ii) expatriates working under contractor including EPC contractor/ sub-contract or in projects of the government/ semi-government/ autonomous bodies of Bangladesh.

E3 VISA:

for foreign nationals engaged in machinery and software installation, maintenance supervision, or project inspection.

Basic requirements for Bangladeshi work permit and visa procedure for PI and E visas:

REQUIREMENTS FOR INVESTOR VISA (PI) VISA

Who are eligible

Foreign capital investor

Arrival / travel purpose 

Conducting Investment / business / Commercial organization.

Essential Documents to issue

All documents for Tourist Visa.

Recommendation of Bangladesh Investment Development Authority (BIDA)/Bangladesh Export Processing Zone Authority (BEPZA) declaring that the applicant is a genuine investor.

Essential Documents to extend

Security clearance; request from concerned organization/ institution and recommendation of BIDA/BEPZA declaring that investment of the relevant applicant is existing on.  

• Include authorization letter for liaison office;
• Provide MoA and AoA as well as incorporation Copies of Private Limited (LLC) or Joint Venture firms;
• Provide a consent letter from the board of directors that includes compensation and title on the letterhead.
• Send passports and photographs of the directors in color;
• Do not forget to attach the employee’s service contract or engagement letter;
• All academic certificate and experience letter copies must also be attached;
• A wholly-owned limited liability company or a joint venture must advertise in the newspaper in order to hire personnel.
• Do not forget to provide a copy of business activities that is written on letterhead and signed by the country manager.
• Personnel listing with organogram (hierarchy) on letterhead;
• Attach only the income tax for branch offices;
• There is no place for newspaper advertisements in the liaison office;
• Application must be accompanied by a Trade License, VAT, Export and Import letter (if applicable), and an encashment certificate for fifty thousand (fifty thousand) US dollars;
• Ensure that all newsprint and copies are attested by the company’s owner (director) or chief executive officer;
• A branch, representative, or liaison office is not required to provide a trade license, export and import documents, or a VAT certificate;
• Only include form 18 B from Bangladesh bank for branch offices that are open.
• Contact BOI (Old), BIDA, or our law firm to collaborate;
• Collect form from BOI (Old), BIDA, or our office; attach it to a cover letter addressed to the chairman or director of BOI (OLD) or BIDA.
  
  

General Requirements for all Categories:

1. Filled-in online application Form

2. Photographs (Size 45x35mm and recent one); 02 copies (Photo is mandatory with white background )

3. Valid Passport

4. Payment receipt of Visa fee (No fee is required for Indian citizen). For countries (other than India) Visa fee is applicable.

5. Old Passport required if any

While filling in online, we suggest that you have the following information on hand-

1. Valid Passport

2. 45x35mm digital photo in jpeg format, maximum size is 300kb

3. Address in Bangladesh (should consist details of Village, Post Office, Police Station, District, Pincode, City and Country)

4. Email Address

PI-visa recommendation:

Are you intending to get a PI Visa as a foreign investor in Bangladesh?

Get your PI Visa for foreign investor in Bangladesh with the help of  Tahmidur Rahman Remura: TLS: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TLS, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to PI Visa for foreign investor in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165 or +8801708080817

Address: House 410, Road 29, Mohakhali DOHS

A complete guide on Franchise Business Registration in Bangladesh

by Barrister Tahmidur Rahman | Nov 22, 2022 | 2023, Law

Bangladesh is the seventh largest consumer of goods and services in the world. In Bangladesh, franchising is an established method for launching a business. The industries of transportation, beauty, fast food, education, wellness, mail delivery, clothing, and health care are among the most popular for franchise startups.

The franchise business is one of the options that brands have adopted for expansion in Bangladesh. Bangladesh offers a variety of inexpensive franchise opportunities. This article discusses Franchise Business Registration in Bangladesh, as well as “What is a Franchise Business?” and the documents required for Franchise Business registration.

What is a franchise business in Bangladesh?

It is one of the primary means by which foreign companies and brands have strengthened their presence on the Bangladeshi market. A franchisor (franchise brand) is involved and provides the franchisee (owner of the franchise outlet) with conceptual, structural, legal, and training support in exchange for an upfront start-up fee and ongoing royalties.

Both the franchisor and franchisee profit from franchise ownership and operation. After the franchisee has access to the brand’s devoted customer base, legal counsel, creative support, and training support, the franchisor can further expand the business into untapped markets, thereby increasing market share and revenues. Franchising is the most valuable and practical type of business opportunity.

A franchised business consists of a franchisor and a franchisee. Although the former refers to an entity that lends its brand, trade name, or any other form of intellectual property laws along with the value chain, the latter describes a person who, in exchange for a royalty and an initial fee, conducts the business of the former under the mark or name of the franchisor.

Franchise agreement:

Good international business policy may be sold under certain conditions.

• As part of its global trade policy, a reputable company may open franchises in any nation.
• The parent company may charge franchise owners royalty fees.

Legal formalities require the aforementioned information. In Bangladesh, starting a business as a foreign investor is somewhat difficult. Numerous other licenses are needed to establish a Manufacturing Company. However, after completing the necessary legal procedures and obtaining the necessary licenses, you are permitted to start a business in Bangladesh.

In Bangladesh, franchise agreements are governed by a variety of pertinent laws rather than a single type of legislation. Several examples include the Bangladeshi Contract Act of 1872, the Consumer Protection Act, the Patents Act, the Trade Marks Act, the Copyright Act, the Specific Relief Act, the Design Act, and the Transfer of Property Act of 1882.

Franchise Business Formation in Bangladesh:

Before agreeing for such a reason, Bangladeshi law does not require the franchisor to be licensed by any governing body. However, the Trademark Act of Bangladesh makes it simpler to register as a trademark account holder.

Disclosure Regulations Disclosure regulations exist in some nations, requiring franchisors to disclose pertinent information to franchisees prior to contract signing. The franchise agreement determines the validity of post responsibilities in Bangladesh by incorporating all applicable disclosure laws. In this instance, the Contract Act of 1872 definition of “consensus ad idem” is applicable.

The franchise agreement also specifies how this obligation applies to sub-franchisees. It is important to note that common law principles govern the proposed contractual relationships.
In the absence of disclosure laws, there are no established formats or obligations for ongoing disclosures.
Associational Participation
A franchise is not required to be a member of a national franchise association, but doing so could help protect franchise owners’ interests.

Franchise Contract in Bangladesh

In addition to the obvious requirements of capital, facilities, and other essentials, a franchise is founded upon a franchise agreement. The type of agreement utilized for this purpose varies based on variables such as format, control, franchisor type, etc.

The Bangladeshi Contract Act of 1872 stipulates that franchise agreements must adhere to its provisions. If this condition is met, franchisees are permitted to include disclosure laws in their contracts. In this scenario, the franchisor’s deceit permits the franchisee to file civil lawsuits for damages and criminal lawsuits for fact manipulation and criminal breach of trust.

Legal framework for Registration of Franchise Businesses in Bangladesh:

• Franchise Enrollment:

The franchisor is not required by Bangladeshi law to be registered with any professional or regulatory body prior to entering into this agreement. On the other hand, the trademark act makes it simpler to record the registered user of a Trademark.

• Franchise Agreement for Business in Bangladesh:

Except for the obviously necessary elements of financing, infrastructure, and other necessities, a franchise is founded on a franchise agreement. The type of agreement used for this purpose varies based on a variety of factors, such as the format, level of control, and type of franchisor, among others.

Franchise agreements must comply with the provisions of the Bangladeshi Contract Act of 1872. Subject to this provision, franchisees may include disclosure requirements in the franchise agreement. In this instance, the franchisor’s misrepresentation makes it easier for the franchisee to file both a civil lawsuit for damages and a criminal complaint for false statements of fact and criminal breach of trust.

• Discloser Standards:

Certain nations’ disclosure regulations require franchisors to provide franchisees with the necessary information prior to contract signing. The application of pre-disclosure responsibilities in Bangladesh is determined on the basis of the aforementioned franchise agreement, which contains specific disclosure requirements. The “consensus ad idem” clauses of the Contract Act of 1857, which apply in this instance, may be noted by the reader.

The franchise agreement is also used to determine whether sub-franchisees are subject to this requirement. It is essential to note that the proposed contractual connections are governed by common law in this instance.

In the absence of disclosure requirements, there are no particular formats or responsibilities associated with continued disclosures.

Establishing a Franchise Enterprise in Bangladesh:

How can foreign investors launch a business in Bangladesh?
• Registering a limited liability company as a foreign national
• Registration of branch office

Local investors can easily start a business, despite the fact that we do not guide them. Our sole mission is to advise foreign investors who intend to establish a business in Bangladesh.

Before deciding to start a business in Bangladesh, it is advisable to acquire a basic understanding of the country. Human behavior, required business licenses, the cost of establishing a business, the political environment, population density,

investment sectors, the likelihood of investment return, the income tax rate, the value-added tax, and the market are just a few of the variables that influence the profitability of an investment.

Private Limited Partnership Registration:

• The registrar of joint-stock companies and firms, RJSC, does not make it easier than in other countries to register a limited liability company.
• All limited liability companies are registered by this government agency.
• Visit this page for information on the company registration procedure.
• No foreign investor is permitted to start a business without a legal identity and a registered business.
• Declare capital investment in Taka
• Pay fees to the government as authorized capital.
• Assign the number of shares and determine the position of share ownership.
• Proposed three company names • Detailed company objectives as a Memorandum of Association • The most important information is that foreigners can own 100 percent of shares in Bangladesh

PHASES OF COMPANY FORMATION NAME APPROVAL

• Name Clearance (NC) is a prerequisite for new entity registration (other than Foreign Company and Partnership Firm). Before submitting an application for registration, the promoters of a new entity must apply for and obtain name clearance.
• Currently, NC can be obtained online through the joint stock website at roc.gov.bd, which is a relatively straightforward procedure.
• The name clearance is valid for a period of ninety (90) days from the date of issuance.

[ADDITIONAL STEPS FOR A FOREIGN INVESTED COMPANY: OPENING A BANK ACCOUNT, TRANSFERRING MONEY, AND GETTING AN ENCASHMENT CERTIFICATE]

REGISTRATION

The promoters of a new entity (with name clearance) must apply for registration with the appropriate documents, forms, schedules, stamps, and fees, depending on the entity type.

a. prepare Memorandum/Articles of Association, forms & schedules, etc., based on entity type.
b. Pay Stamp Duty (online)
c. submit the application for registration online.
d. pay the enrollment fees (online)

e. Memorandum and Articles of Incorporation.
f. Completed Form I: Declaration on Company Registration [Section 25].
g. Form VI: Notice of Situation and Change of Registered Office [Section 77] duly completed.
h. Form IX: Consent of Director to Act [Section 92] has been completed. e. Form X: List of Individuals Consenting to Serve as Directors [Section 92]
i. Form XII: Particulars of the Directors, Manager, and Managing Agents, as well as any alterations [Section 115]
Evidence of Clearance of Name

CERTIFICATE OF COMPANY INCORPORATION

• Following review of the online application by the concerned dealing officer and deputy registrar, company registration may be approved, and the certificate, Form XII, and MOA AOA will be emailed to the applicant.

LICENSES for Franchise Business Registration in Bangladesh

• Request and acquire a Tax Identification Number (online)
• Request and Acquire a Business License – VAT Registration
• Factory Permit (if needed)
• Fire License (If needed)
• Environmental Clearance (inf needed)
  IRC/ERC – (if needed)
• Any additional licenses required based on the nature of the business

• While local shareholders and directors are not required to register a new business, registration is required for foreign shareholders and directors.
• Very few consultants, attorneys, and consulting firms are aware of the procedure for registering a new business with foreign directors.
• Registration of a business with foreign directors differs from that of a business with domestic directors.
enlistment of branch office
In Bangladesh, the branch office registration authorities are BOI and BEPZA.
• Branch office is exempt from income tax because it is not permitted to engage in direct business.
• The branch office is unable to receive customer payments into its bank account, but it may incur expenses using capital transferred from the parent company.
• Click here for information on how to open a branch office.
Authorization of the project office
• BOI has the authority to authorize the opening of a project office in Bangladesh.
• Project office is NOT exempt from income tax.
• Knowledge personnel are exempt from taxation under certain conditions.
• Foreign personnel can be hired through the project office.

Market Identification for Franchise Business Registration in Bangladesh:

Identification of a market niche is essential for any aspiring entrepreneur seeking to enter the business world. When you finally decide to launch your franchise, choose a market that will be beneficial to you in terms of profitability and long-term viability.

To make an informed decision, it is recommended to conduct a comprehensive market and city-specific analysis. Keep in mind that popular niches are more prone to fierce competition.

Managing the Legal Aspects after Franchise Business Registration:

As soon as you sign the franchise agreement with the relevant business, you must obtain legal authorization from the Ministry of Corporate Affairs once you have chosen your area of expertise. If the franchise is located outside of Bangladeshi Territory, choose a reputable company that can assist you in resolving issues promptly.

Assume possession once the aforementioned conditions have been satisfied. To avoid future legal disputes with the franchisor, it is advisable to secure a credible witness while legal proceedings are ongoing.

• Essential Business Licensing for Franchise Business Registration:

Now presented is the most important factor for establishing a franchise in Bangladesh. To comply with the law, you would need a license and registration of your own. Without exception, if your company owns a restaurant chain, you must obtain an FSSAI License.

• Tax Obligations of a Business for Franchise Business Registration:

Every business owner must comprehend the tax ramifications. Therefore, we request that you emphasize the same and comprehend the various tax regimes that apply to your business.

Bangladesh has a variety of taxes, ranging from customs duties to the Goods and Services Tax (GST), so it is essential to comprehend the tiers and be adequately prepared. You can determine the best way to minimize your tax burden at this time.

Human capital

Additionally, the franchise’s human resources in Bangladesh are indispensable to its business operations. Consequently, you must be aware of the number of employees required to support the operation. To ensure a smooth hiring process, you, as the owner, must familiarize yourself with the responsibilities of the staff.

Subsidiary Company Registration

Are you intending to do Franchise Business Registration in Bangladesh?

Get your Franchise Business Registration in Bangladesh done with the help of  Tahmidur Rahman Remura: TLS: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TLS, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to Franchise Business Registration in Bangladesh. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165 or +8801708080817

Address: House 410, Road 29, Mohakhali DOHS