Branch office registration in Bangladesh | Step by step process of setting up a branch company

Branch office registration in Bangladesh | Step by step process of setting up a branch company

Branch office registration in Bangladesh | Step by step process of setting up a branch company in Bangladesh

Tahmidur Rahman, Director and Senior Associate

11 Nov 2019

This post in will explain in details about Branch office registration in Bangladesh – This article will explain the step by step process for setting up a branch office in Bangladesh.  In addition, people want to know the required cost and documents for a branch office registration in Bangladesh. This article will explain everything you need to know about branch office with directions and infographics.

 

How to open a branch office in Bangladesh?

A branch serves as an extension of its parent company, meaning, there will be no separate legal entity established. Its parent company is liable for the branch office’s debts or any other obligations and activities.

No operation in Bangladesh that is not expressly authorized by BIDA can be conducted by a Branch Office. A Branch Office is also expected to register with the Joint Stock Companies and Company Registrar and to comply with other legal formalities prescribed by the Companies Act 1994.

A Branch Office offers the advantages of ease of service and uncomplicated closing. Nevertheless, as the operations are strictly controlled by the guidelines for exchange control, a Branch May may not provide the best framework for its expansion / diversification plans to a foreign firm.A foreign company’s branch office can engage in commercial activities with prior BIDA approval. A branch office may have a local source of revenue from the approved business sector in Bangladesh and with the prior approval of the Inter-Ministerial Committee and sufficient justification and supporting documentation.

 

Allowed activities of a Branch office in Bangladesh

One of the major differences between a branch and a liaison / representative office is that a branch may engage in commercial activities with a prior approval from the Bangladesh Investment Development Authority (BIDA). The branch office, for example, can:

 

  • collect payments on behalf of the parent company
  • have local sources of income
  • make outward payments from Bangladesh with a prior approval from the BIDA

 

Documents to submit in BIDA for a Branch office in Bangladesh

A Branch or Liaison Office is a proper legal body in Bangladesh once it is registered with the BIDA. It is called a multinational company extension, and not a separate legal entity. Unlike a Bangladeshi subsidiary, a Branch or Liaison Office parent company is indirectly responsible for all branch or liaison office debts and liabilities.

As per the guideline of BIDA, following papers/documents are required for application for opening of branch office. (4 copies of all documents).

1. Application in prescribed form signed by the authorized person for establishment of Branch office registration in Bangladesh.

2. Memorandum and Articles of Association and Certificate of Incorporation of the principal/ parent company. (Attested by the concern Bangladesh Embassy)

3. Name and nationality of the directors/promoters of the principal company. (Attested by the concern Bangladesh Embassy)

4. Audited Accounts of last financial year of the principal company. (Attested by the concern Bangladesh Embassy)

 5. Company’s board of director’s resolution regarding opening of office in Bangladesh. (Attested by the concern Bangladesh Embassy)

6. Proposed organogram of the office showing the posts to be occupied by both expatriates and local personnel.

7. Furthermore, Details of activities to be performed through the proposed branch/liaison/representative office in Bangladesh.

8. Finally, Any other documents BIDA, may ask for after primary reviewing

In addition, you must translate any documents that are not stated in English before submission. (Branch office registration in Bangladesh)

Inspection of the Documents by the BIDA

When the documents are issued, they will be thoroughly reviewed by the BIDA Inter-Ministerial Committee. When the committee is content with the verification then they may give the approval or can obtain additional documentation. Hence it is important to carefully prepare the papers.

 

Time and governments cost for approval

The average time needed for submission and getting the approval is one month. However, BIDA may seek physical representation of the documents as such this may make the process lengthier. (Branch office registration in Bangladesh.)

 The government cost for getting the approval from BIDA is USD 300 (three hundred dollar)

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Step two- Opening Bank Account to set up branch office

Following approval from BIDA, the next move is to open a Bangladesh Bank Account. It is because while no minimum paid-up capital is needed for the establishment of a branch office, a remittance of US$ 50,000 must be deposited within 2 ( two) months from the date of issuance of the BIDA letter of authorisation. (Branch office Registration in Bangladesh ) 

a) Documents

The documents required for opening bank account are:

  1. BIDA permission letter
  2. Draft Article and Memorandum of Association
  3. in addition, Passport of the bank account signatory (if foreign nationals) and
  4. lastly, NID (if Bangladeshi national)

Step 3- Bangladesh Bank approval

Also in regards to Branch office registration in Bangladesh, Parliament of Bangladesh revised the 1947 Foreign Exchange Regulatory Act. Now, however, Bangladesh Bank’s criteria for 18B approval has been withdrawn. In addition, according to the amendment, the branch office will report to the Bangladesh Central Bank after receiving approval from BIDA. Such a report with 30 ( thirty) days to approve should be made.

How to get a Trade License in Bangladesh?

Click here and go to the post, Tahmidur Rahman speaks in details about Trade License in Bangladesh | Fees, Processing and Renewal!

Step 4- Registration with RJSC for Branch office

 

After obtaining approval from both Bangladesh Bank and BIDA, registration with the RJSC is required. The following documents will be required for this purpose (for Branch office registration in Bangladesh):

 

 a) Documents:

 

  • BIDA and Bangladesh Bank approval letter
  • Certified copies of the Memorandum of Association and Articles of Association
  • Full address of the registered or principal office of the company
  • List of the directors and secretary (if any) of the company
  • in addition, the name and address of a Bangladeshi who may represent the company in processing and accepting documents and
  • The full address of the office of the company in Bangladesh

 

Step five: Obtaining Trade License from the Local City Corporation

In order to get trade license an application need to be made to the concerned city corporation. Along with the application, the following information and documents need to be submitted:

a) Documents

  • Photocopy of AOA and MOA
  • Photo of Managing Director or Chairman
  • TIN of the branch office
  • in addition, Rental agreement of the office and
  • lastly, Nature of business

b) Time

It usually takes 3 to 4 working days to get a trade license. In order to know more about how to get trade license in Bangladesh.

c) Cost

The government for trade license is USD 100 (hundred dollar).

Step six: Income Tax Registration & VAT Registration for the branch office in Bangladesh

After setting up the branch office, it is important that the branch office has a unique Business Identification Number (BIN) to carry out normal business operations in Bangladesh. Therefore a VAT registration certificate must be obtained from the Department of the National Revenue Board (NBR) to obtain a business identification number. It’s free to register for the VAT registration.

a) Documents 

  • TIN Certificate
  • Trade License
  • Import / export Registration certificate
  • Furthermore, Passport sized photos
  • Deed of Agreement
  • Bank solvency certificate
  • in addition, BOI registration and
  • lastly, Memorandum and Articles of Association

 

In order to carry out normal business operations in Bangladesh after setting up the branch office, it is essential that the branch office has a unique Business Identification Number (BIN). Therefore, to get a Business Identification Number, a VAT registration certificate need to be obtained from the Department of the National Board of Revenue (NBR).

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Can a foreign employee be employed in Branch office?

 

Sponsors may apply for Private Investors Visa. Foreign employees can appointment. Appointment can be made by foreign employees.  International workers need to get a work permit to be able to operate in Bangladesh.  This is a multiple entry visa and it is only valid for 3 months but can be extended later.

A branch manager may be a foreigner but he / she should be a Bangladesh citizen.  Remember also that a cap of 5 percent (five percent)  of foreign employees in a branch is restricted by Bangladeshi law. In addition, it should be noted that as per the Bangladesh Investment Development Authority Handbook 2011, the
current maximum ratio of foreign to local employees is 1:5 for commercial offices and 1:20 for industrial enterprises. (Branch office Registration in Bangladesh)

 

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Validity Period of Approval of Branch office registration in Bangladesh

The approval is usually provided to establish a branch for a period of three years and it has to be extended/ renewed. You have to apply for renewal or extension at least 2 (two) months  before the expiry of the current term.

 

Capital requirement for branch office registration in Bangladesh

There is not minimum capital requirement in Bangladesh for branch office. However, there is a requirement for a minimum of US$ 50,000 inward remittance for registration of branches offices in Bangladesh as this inward remittance should cover the cost of initial establishment and six months’ expenses for operation.

 

Time period to set up or a  branch office registration in Bangladesh

To set up a branch office in Bangladesh, conventionally it takes from 60 days (sixty) to 90 days (ninety) in total.  Other formalities are consequential and will take about 2 weeks.

“Sponsors may apply for Private Investors Visa. Foreign employees can appointment. Appointment can be made by foreign employees.  International workers need to get a work permit to be able to operate in Bangladesh.  This is a multiple entry visa and it is only valid for 3 months but can be extended later.”

 

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

  • Step by Step Process of Registering a Company in Bangladesh

Business activities of a Branch office in Bangladesh

Branch office does not have its own independent legal body. This is because it functions as an extension of its parent company. Hence the parent company is entirely responsible for its branch office ‘s operations, debts and responsibilities.

Unlike liaison office, a branch office can engage in commercial activities. However, in order to do so, prior approval from the Bangladesh Investment Development Authority (BIDA) is required.

Activities that a Branch office can engage in are:

  1. Payment collection on behalf of the parent company
  2. Local sources of income for the branch office
  3. in addition, Make outward payment from Bangladesh (with approval from BIDA)

 

Compliances to maintain as a branch office in Bangladesh

 

In the approval letter issued by BIDA, the activities of a Branch office shall remain confined to the areas and for the time specified and authorized. Unless the organization wishes to extend its Office past the approval period, they will have to apply for the required renewal / extension in the specified form with correct documentation at least 2 ( two) months prior to the expiry of the current term. In addition to that the Branch office should also maintain the following compliances:

  • Quarterly return of incomes and expenditures out of remittances received from abroad shall have to be submitted to the BIDA, concerned Bank, National Board of Revenue and Bangladesh Bank with documentary evidences under circular No 01/2009 amended circular No 03/2009 of 30th July, 2009.

     

  • Any change(s) of present address shall be intimated to the BIDA for necessary action and approval before the proposed change is carried out.

  • The permitted Office shall have to obtain clearances/ licenses from the concerned government agencies, as and where required, under the existing rules of the country.

     

  • The permitted Office shall have to pay duty/income tax/VAT/revenues and other taxes payable to the government under the existing laws of Bangladesh.

 

Company Law practice in Counsels Law Partners 

The Barristers, Advocates, and lawyers at CLP Law chamber in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients in dealing with and registering branch offices in Bangladesh.   For queries or legal assistance to set up a branch office in Bangladesh, please reach us at:

E-mail: tahmidur@counselslaw.com
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

 

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Immigration and Citizenship in Bangladesh| All types of visas, work permits and everything  you need to know.

Tahmidur Rahman, Director and Senior Associate

20 Oct 2019

Immigration and Citizenship in Bangladesh- This post in will explain in details the  Immigration Law in Bangladesh: Business & Work Permit Visa,  Government Delegate visa, BIDA guidelines, FE visa, investor visa, tourist visa – everything you need to know about immigration law in Bangladesh.

     

    Immigration in Bangladesh

     

    Immigration and Citizenship in BangladeshImmigration is a process of people traveling or moving from one destination to another and becoming permanent residents or citizens of another State for employment, marriage or settlement, whether legally or illegally. Traditionally, the immigration process has been of great political, economic , and cultural benefit to States. As people cross national frontiers during their migration, they are called refugees from the point of view of the country they enter. On the other hand, from the perspective of the country they leave, these migrants are termed emigrants.

    Bangladesh has recently gained considerable worldwide attention due to its booming business and growing economy. As well as Bangladesh ‘s easy immigration law , foreign people from all around the globe have been inspired to stay there and continue their business. Many foreign nationals have attracted this to pursue jobs in Bangladesh or to invest in Bangladesh. This article provides an overview of Immigration and Citizenship in Bangladesh and the different schemes and procedures to be followed in Bangladesh for obtaining citizenship or a visa.

     

    Step by step process of Obtaining citizenship in Bangladesh

     

    In regards to Immigration and Citizenship in Bangladesh, most nationals require a valid visa to enter Bangladesh. Type, visa category, and length of stay are determined / confirmed by the Embassy. The type and category of visa will differ depending on the intent of the visit, the duration of stay and bilateral agreement with the foreign national ‘s country. Any amendments made by the Government of Bangladesh to the rules and regulations will apply to issuing visas.

    But in regards to citizenship procedure in Bangladesh, A person who has resided in Bangladesh for 4 ( four) years during the last seven (seven) years can apply for Bangladesh citizenship. 

    Bangladesh’s nationality law regulates the citizenship and nationality problems of the People’s Republic of Bangladesh. The law governs the status of nationality and citizenship of all people born in Bangladesh, as well as of all persons of Bangladesh descent. This helps the children of expatriates, foreigners as well as Bangladesh residents to evaluate their citizenship status and to apply for and receive Bangladesh citizenship if appropriate.

    In regards to Immigration and Citizenship in Bangladesh, the primary legislation relating to Bangladesh citizenship is the 1951 Citizenship Act, originally the 1951 Pakistan Citizenship Act, later modified by a series of statutory orders passed by the Bangladeshi Government.

     

    Requirements of obtaining a citizenship in Bangladesh

     

    In order to get citizenship well within the framework of Bangladesh’s immigration law, the applicant has to fullfill the following( Immigration and Citizenship in Bangladesh):

     

    • (a) That he is not a minor

       

    • (b) That he is neither a citizen of [Bangladesh] nor a subject of any state of which a citizen of [Bangladesh] is prevented by or under any law from becoming a subject by naturalization;]

       

    • (c) that he has resided in [Bangladesh] throughout the period of twelve months immediately preceding the date of application, and has, during the seven years immediately preceding the said period of twelve months. Resided in [Bangladesh] for a period amounting In the aggregate to not less than four years;

       

    • (d) That he is of good character;

       

    • (e) That he has adequate knowledge of the [Bengali] language; and

       

    • (f) That he Intends, if the application is granted, to reside in [Bangladesh] or to enter or continue in the service of the [Republic] in [Bangladesh].

    Obtaining a certificate of Naturalization

     

    If the above conditions are met, then the person seeking Immigration and Citizenship in Bangladesh must apply to the appropriate government authorities in Bangladesh for a Certificate of Naturalization.
    Any application for a Naturalization Certificate shall be in writing and shall state to the best of the applicant ‘s knowledge and belief-

    • (a) His age
    • (b) His place of birth;
    • (c) His place of residence.,
    • (d) His profession, trade or occupation
    • (e) Full particulars regarding his qualification;
    • (f)Whether he has at any time previously applied for the grant of a certificate of naturalization;
    • (g)Whether any such application has been rejected
    • (h)Whether any such certificate has been granted to him; and
    • (i)Whether any such certificate granted to him has been revoked or whether he has been deprived of his citizenship.

      After receiving the Certificate of Naturalization, the applicant would be registered as a citizen of Bangladesh. ( Immigration and Citizenship in Bangladesh)

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    Government Delegate visa in Bangladesh

     

    A. Who are eligible to apply

    Government Delegates who want to visit Bangladesh for the purpose of official tour/duty/visit, they are eligible to apply for Government Delegates visa.

    B. Duration of Government Delegates visa

    Government Delegates visa may be issued for as required with single, double or multiple entries. 

    The visa applicant must obtain and fill out the application form from the Bangladesh High Commission in their respective country. The following documents must be submitted to the Bangladesh High Commission along with Visa application

    1. Print-out of duly filled-in Visa application form with applicant’s signature;
    2. 01 (one) recent passport size (45X35 mm) colour photograph with a white background;
    3. Passport (with at least for six months validity);
    4. Note Verbal from the concern Ministry mentioning the applicant’s position, duration of stay and purpose of visit in Bangladesh;
    5. Previous Passport and visa (if any) along with a photocopy.

    Business visa in Bangladesh

    The applicant should apply for the B visa in respect of business travel visa. The following documents must be sent to the High Commission or Embassy of Bangladesh in the respective country for obtaining a B-Business visa-

    • The completed and signed visa application form;
    • Original passport, valid for at least six months;
    • The visa processing fee;
    • Three passport-sized recent photographs;
    • Invitation letter from a business organization in Bangladesh;
    • Letter from your employer confirming your position in the company;
    • Your flight/travel itinerary;
    • A self-addressed, pre-paid special delivery envelope.

    After obtaining B visa, the visa holder can reside in Bangladesh for 180 days.

    Types of  work permit in Bangladesh

    To any foreign national pursuing jobs in Bangladesh, a work permit is compulsory. In Bangladesh, there are 3 government authorities issuing work permits.

    1. For private sector industrial enterprise, branch office and liaison office, outside of Export Processing Zone (EPZ) – Board of Investment (B01).
    2. For employment of foreign national in the EPZ – Bangladesh Export Processing Zones Authority (BEPZA).
    3. For employment of foreign national in any NGO – NGO Affairs Bureau.

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    Complete step by step process of obtaining a work permit in Bangladesh

    For any foreign national seeking employment in Bangladesh, the first move is to get a work permit to work in Bangladesh. The Bangladesh Investment Development Authority (BIDA) is the primary government authority in Bangladesh to grant work permits for foreign nationals pursuing jobs in private companies or industries or public enterprises. This government agency is the primary agency that decides if a foreigner should obtain a work permit to work in Bangladesh. For foreign nationals seeking work permit in Bangladesh, BIDA has a specified form. Please click here to download the Form.

    Necessary documents required for a work permit in Bangladesh

    The following papers/documents are required for new work permit(Immigration and Citizenship in Bangladesh)

    1. Application in prescribed form along with passport size photographs of the foreign national(s) attested by the Managing Director/Managing Partner/Proprietor/appropriate authority.

    2. Attested copy of the permission letter for Branch/Liaison Office/Company.

    3. Commercial Enterprise from the appropriate authority, if not submitted earlier.

    4. Board resolution regarding employment of foreign national(s) including salary & other benefit.

    5. Memorandum, Article of Association and Certificate of Incorporation of the Company duly signed by shareholders, if not submitted earlier.

    6. Attested photocopy of passport with arrival stamp ‘E’ type visa for employee and ‘PI’ type visa for investors.

    7. Attested copy of service contract/agreement and appointment letter, in case of employee.

    8. Attested copies of all academic, professional and experience certificate for employee (Immigration and Citizenship in Bangladesh).

    9. Paper clipping showing advertisement made for recruitment of local personnel prior to appointment of the foreign national(s).

    10. Statement of manpower showing list of local and expatriate personnel employed with designation, salary details, nationality and date of first appointment.

    11. Encashment certificate of inward remittance in favor of Liaison/Branch office for the last 2 years.

    12. Encashment certificate of inward remittance of minimum US$ 50,000 as initial establishment cost for branch/liaison offices and locally incorporated/join-venture and 100% foreign ownership companies.

    13. Up-to-date income tax certificate for branch office of the locally incorporated companies in Bangladesh.

    Guidelines of BIDA for foreign nationals

    Foreign nationals must keep in mind that BIDA strictly maintains the following guidelines:

    • Applicants of the work permit must be from a country which Bangladesh recognizes as a nation.
    • Employment of the foreign national is considered only in industrial/commercial establishments which have been registered by the appropriate authority.
    • Employment of foreign nationals is normally considered for the job for which locals are not available. However, this is not a mandatory requirement.
    • Persons under the age of 18 years are not eligible for employment.
    • A decision of the board of directors of the concerned company or institution for new employment is to be furnished in each case.
    • BIDA ensures that the number of foreign employees does not exceed 5% in the industrial sector and 20% in the commercial sector of the total employees.
    • Initially, employment of any foreign national is considered for a period of one year, which may be extended on the merit of the case.

    BIDA – Step by step process

     

    Step 1: Publishing newspaper or an online advertisement

     

    For the recruitment of a prospective employee the employer must first put a print in a Bangladeshi newspaper or internet advertising. The newspaper or online advertisement must provide a list of the duties that the employee will be expected to perform, future employee credentials, wage description (negotiable or not), work place, and any other necessary terms of employment. Essentially this advertising sets out a job description.

    Step 2: Application for the E Visa Recommendation

    Thereafter, the employer must apply to BIDA for the E Visa recommendation in favour of the foreign national. The documents that must be submitted to BIDA are as follows-

     

    • Copy of permission letter for branch/liaison/representative office or Memorandum of articles of association and certificate of incorporation in case of a locally incorporated company.
    • Board Resolution for the employment of foreign nation(s) mentioning Expatriate Name, Nationality & Passport Number
    • Photograph of the Expatriate.
    • Copy of passport of the Expatriate/Investor/Employee (Whole of the used part).
    • Appointment Letter/transfer order/service contract or agreement for expatriate/investors.
    • Certificate of all academic qualification & professional experience for the employees
    • Paperclipping showing advertisement made for recruitment of local personal prior to the appointment of the expatriate(s)
    • Specific activities of the company
    • Statement of manpower showing a list of local and expatriate personal employed with the designation, salary break-up, nationality and date of the first appointment. (Latest Copy)
    • Encashment certificate of inward remittance of minimum U.S $50,000.00 as initial establishment cost for branch/liaison/representative office and locally incorporated/ joint venture and 100% foreign ownership companies.
    • Up-to-date Income tax clearance certificate (Organization)

    Please keep in mind that all the documents must be attested by the Chairman/ CEO / Managing director/ Country Manager/ Chief executive of the Company/ firms.

     

    Step 3: Application for E Visa in the respective Bangladesh Embassy or High Commission

     

    Once BIDA issues the E visa recommendation, the foreign national must apply for E visa in the respective Bangladesh Embassy or High Commission in their country. Once the E visa is issued, the foreign national should enter Bangladesh with the E visa.

     

    Step 4: Application for a work permit in Bangladesh

     

    After arrival in Bangladesh, the foreign national must submit an application for the work permit to BIDA within 15 days. A fee of Tk. 5,000 is applicable for applying for the work permit.

     

    The following papers/documents are required for a new work permit:

     

    • Attested photocopy of passport with arrival stamp ‘E’ type visa for an employee
    • Copy of permission letter for branch/liaison/representative office or Memorandum of articles of association and certificate of incorporation in case of the locally incorporated company.
    • Board Resolution for the employment of foreign nation(s) mentioning Expatriate Name, Nationality & Passport Number
    • Photograph of the Expatriate.
    • Copy of passport of the Expatriate/Investor/Employee (Whole of the used part).
    • Appointment Letter/transfer order/service contract or agreement for expatriate/investors.
    • Certificate of all academic qualification & professional experience for the employees
    • Paperclipping showing advertisement made for recruitment of local personal prior to appointment of the expatriate(s)
    • Specific activities of the company
    • Statement of manpower showing list of local and expatriate personal employed with the designation, salary break-up, nationality and date of the first appointment. (Latest Copy)
    • Encashment certificate of inward remittance of minimum U.S $50,000.00 as initial establishment cost for branch/liaison/representative office and locally incorporated/ joint venture and 100% foreign ownership companies.
    • Up-to-date Income tax clearance certificate (Organization)

    Step 5: Security Clearance

     

    Once a work permit is issued by BIDA, a copy of the work permit would then be sent to the Ministry of Home Affairs for security clearance by BIDA. After some scrutiny, security clearance will be issued. (Immigration and Citizenship in Bangladesh)

     

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    If you want to know everything about obtaining a VISA in Bangladesh - Read this Article

    • Step by Step Process of getting a visa in Bangladesh

    FE – visa in Bangladesh

    One additional feature of the E Visa is that after the foreign national obtains work permit through E Visa, he is eligible to bring his spouse or dependent members to Bangladesh through the FE VISA.

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

    Birth/ marriage certificates must be presented to BIDA to obtain the FE Visa. (Immigration and Citizenship in Bangladesh)

     

    Investor visa in Bangladesh

    The investor visa is applicable to foreign investors who want to invest in a business in Bangladesh.

    The applicant for a visa must obtain and fill out the Bangladesh High Commission application form in their respective country. The following documents and the Visa application must be sent to the Bangladesh High Commission (Immigration and Citizenship in Bangladesh)-

    • A printed copy of duly filled in the online VISA application form and signed accordingly;
    • Recent passport size colour photo- 2 (Two) copies with white background;
    • Original Passport (valid at least for six months) with a photocopy of photo page;
    • Recommendation letter from BIDA/BOI/BEPZA.

    Tourist visa in Bangladesh

     

    To obtain a tourist visa to visit Bangladesh, the visa applicant must appear for visa application in person at the Bangladeshi Embassy in their country. As part of the application, the visa applicant must have the following documents (Immigration and Citizenship in Bangladesh )-

    • Filled-out online Application form (print out copy with a signature signed
    • Passport and a copy of the main page.
    • 2 recent colour photographs(2 inches size and a stamp size 2 cm. x 2 cm.) with a white background.
    • An employment letter (mentioning that individuals appointment/post, passport number, duration of period serving in the company and salary. ) OR an invitation letter from Bangladesh in the subject in Tourism together with a copy of a passport of the host/ a person who invites you to Bangladesh.
    • A copy of Hotel reservation.
    • A copy of the recent book bank or bank statement (alternative)
    • A copy of Ticket
    • A valid Passport with a sufficient number of pages
    • Copy of the previous visa

     

    After the tourist visa period ends, the visa applicant can apply for extending the visa.

     

     

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    “One additional feature of the E Visa is that after the foreign national obtains work permit through E Visa, he is eligible to bring his spouse or dependent members to Bangladesh through the FE VISA”

     

    Student visa in Bangladesh

    Students seeking admission to any government-approved educational institution must apply at their respective Bangladeshi Embassy or High Commission for a student visa (Immigration and Citizenship in Bangladesh ).

    The following documents must be submitted to the Bangladeshi Embassy or High Commission in order to apply for a student visa:

    • Proof of letter from the Bangladesh Bangladeshi educational institution where the applicant got admission or is going to get admission;
    • Sponsorship letter from the Bangladeshi educational institution;
    • Bank statement of the previous three months;
    • Student ID issued by the Bangladeshi educational institution with a photocopy;
    • Two copies of 45mm X 35mm photographs;
    • Filled-in visa application form.

     

    Diplomatic visa in Bangladesh

    This visa applies to individuals employed in a diplomatic position. To apply for a diplomatic visa, the following documents must be submitted to the respective Bangladesh ambassy or high commission.

    • Official letter from the concerned Government/ Embassy/ Office/ Organization;
    • Two copies of 45mm X 35mm photographs;
    • Filled-in visa application form
    • Letter from the Ministry of Foreign Affairs required for the Exemption of the Visa fees for the official visits
    • Visa will be given on the Official Passport.

     

    NGO visa in Bangladesh

    A person who has been named to a Bangladesh registered NGO is eligible for a visa from the NGO. The following documents for NGO visas must be sent to the relevant Bangladeshi Embassy or High Commission (Immigration and Citizenship in Bangladesh):

    • A certified letter from the concerned NGO in Bangladesh which should be duly attested by the NGO Affairs Bureau, Dhaka stating that the visa applicant has been appointed by the concerned NGO;
    • The appointment letter issued by the concerned NGO with the terms and conditions from the NGO where the applicant has been appointed;
    • A letter from the present employer of the applicant;
    • Two copies of 45mm X 35mm photographs;
    • Filled-in visa application form.
    • Recommendation letter from the concerned Bangladeshi NGO.

     

    Journalist visa in Bangladesh

    Journalists from newspapers / magazines / TV or radio networks / news agencies / print , electronic or satellite media / self-employed journalists will be eligible for a journalistic visa for their professional service in Bangladesh. To obtain a journalistic visa, the following documents must be submitted by the visa applicant to the respective Bangladesh embassy or high commission (Immigration and Citizenship in Bangladesh):

    • A support letter from his/her employer describing the purpose of the visit to Bangladesh;
    • Filled in FF-Iand FF-II forms;
    • Two copies of 45mm X 35mm photographs
    • Filled-in visa application form.
    • Passport copies
    • One set of a copy of the work permit in the country that he/she is employed in.
    • A copy of the journalist/press identity card
    • A recommendation letter from the current employer in their respective country, providing necessary information such as the details of the journalist, what subject will be reported or what information will be obtained in Bangladesh and the types of equipment that will be necessary to conduct the report in Bangladesh.

     

    Immigration practice at Counsels Law Partners 

    The Barristers, Advocates, and lawyers at CLP (Tahmidur Rahman, Counsels Law Partners) in Gulshan 1, Dhaka, Bangladesh are highly experienced at providing any kind of services related to immigration for foreign nationals. This is often considered as the best Immigration law chamber in Bangladesh, it has assisted numerous clients to obtain visa in Bangladesh. It can provide any kind of documentation, paperwork, consultation or any other related services to any foreign national who seeks visa in Bangladesh or anything in regards to the Immigration and Citizenship in Bangladesh. For queries or legal assistance, please reach us at:

    E-mail: tahmidur@counselslaw.com

    Phone: +8801727983838
    Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

     

    Immigration and Citizenship in Bangladesh_ Tahmidur Rahman_ best law firm in Dhaka

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    Defamation law in Bangladesh| Offence and Remedies

    Defamation law in Bangladesh| Offence and Remedies

    Defamation Law in Bangladesh and regarding its offences and remedies| Everything you need to know

    Tahmidur Rahman, Director and Senior Associate

    20 Oct 2019

    This post in will explain in details the Defamation Law in Bangladesh – offences and remedies, everything about defamation law that you need to know and be aware of.

     

    What is Defamation?

    Defamation is a common legal term that refers to a person’s credibility being damaged unjustly. The word defamation is broken down into libel and slander in Common Law legal systems. The former applies to a publication of a defamatory document, whether in written form or by any other medium such as broadcasting. In comparison, Slander refers to defamation that is privately spoken and not maintained in any permanent way. For several developed nations defamation is prosecuted as a legal error under tort law.
    Similarly, criminal defamation defines the case in which diffamation is an offense under state criminal law.

    In these cases, suspected defamation would usually be charged by state advocates and trialed in the criminal justice system, with the prospect of imprisonment on conviction being levied. According to the  Section 499 of the Penal Code of Bangladesh¸ whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.

     

    Defamation in International Law

     

    In the United Kingdom and the EU, only people may make allegations about being ‘defamed’ in the Courts. Because their laws on defamation are meant primarily to preserve the individual right to a reputation, only an individual can sue for the defense of that right. The Government, branches of government, departments , agencies, religious organizations, and leaders of religious groups (unless personally defamed) can not sue for defamation.

    The United Nations Special Rapporteur on the Promotion and Security of the Right to Freedom of Opinion and Speech is among a variety of international legal bodies that have stated that “criminal defamation laws should be repealed in favour of civil law, because the latter can provide sufficient protection for reputations …”
    Due to the very sanctions that often accompany conviction, criminal defamation laws represent a potentially serious threat to freedom of expression. The ECHR has defined a set of very stringent protections to be enforced while a criminal defamation law exists in a statute in Amorim Giestas and Jesus Costa Bordalo v. Portugal(8J).

     

    • If defamation is part of the criminal law, the criminal standard of proof, beyond a reasonable doubt, should be fully satisfied.

    • Convictions for criminal defamation should only be secured when the allegedly defamatory statements are false, and when the mental element (mens rea) of the crime is satisfied.

    • Penalties should not include imprisonment, nor should they entail other suspensions of the right to freedom of expression or the right to practice journalism.

    • Should not resort to criminal law when a civil law alternative is readily available

    Types of Defamation

    Conventionally there are mainly 2 types of defamation in in the legal world. (Libel and Slander).

    The Penal Code 1860 defines defamation as defamation, rendering or publishing some imputation either by words spoken or intended to be read, or by signs or clear representations concerning some individual who intends to damage that person’s reputation, that person is said to be defamed and whoever commits the defamation offense punishable by 2 years of simple imprisonment or with fine or both.

    Bangladesh’s Penal Code 1860 also states that it can be a defamation to impute something to a deceased person if the imputation harms that person’s reputation if he lives, and is intended to harm his family or other close relatives’ feelings.

    Making an imputation relating to a corporation or an organization or group of individuals as such can amount to defamation. An imputation in the form of an alternative, or ironically expressed, can amount to defamation. No imputation is said to injure the integrity of a individual unless that imputation directly or indirectly, in the opinion of others, diminishes the moral or intellectual character of his caste or title, or diminishes that person’s honor, or leads us to believe that that person’s body is in a loathsome condition, or in a condition commonly deemed disgraceful.

    defamation law in Bangladesh_best law firm in Dhaka

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    Libel- Defamation law in Bangladesh

    A malicious defamation expressed either in writing or printing that tends to either blacken the memory of one who is dead or the representation of one who is alive and expose him to public hatred, contempt or ridicule. The elements of a libel are:

    1. Publication of a false statement
    2. expressed in writing, printing or in some other permanent form
    3. tending to harm the reputation of another.

    Slander- Defamation law in Bangladesh

    A verbal statement, false and defamatory and tending to affect one’s good name and reputation. The elements of a slander are:

    1. That the statement complained of is false,
    2. defamatory,
    3. and that some special damage to the plaintiff has resulted from it.

      Defamation as a criminal offence in Bangladesh

      As it is stated earlier, Defamation in Bangladesh, unlike different countries, is considered a criminal crime and not a civil wrong. In addition, in diffamation criminal law, there is no difference between spoken and written words , given that the conditions set out in Section 499 of the Bangladesh Penal Code above are met. Since this is a criminal offence, however, the prosecution must prove beyond reasonable reason that the defendant has committed defamation.

      Latest law concerning Defamation in Bangladesh

      Section 57 of the ICT Act 2006 provides[12]: (1) If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is fake and obscene or its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity of his will be regarded as an offence.
      (2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to maximum 14 years and minimum 7 years and with the fine which may extend to taka ten crore.
      This is the latest provision concerning defamation law in Bangladesh. It covers any publications made in electronic form. How ‘Tahmidur Rahman & Counsels Law Partners Associates’ help the purchaser of any land in Bangladesh:

      The Penal Code 1860 defines defamation as defamation, rendering or publishing some imputation either by words spoken or intended to be read, or by signs or clear representations concerning some individual who intends to damage that person’s reputation, that person is said to be defamed and whoever commits the defamation offense punishable by 2 years of simple imprisonment or with fine or both.

      Defamation law in Bangladesh

      Defences of  Defamation Law in Bangladesh 

      Chapter 21 Section 499 of Bangladesh’s penal code provides that[11]:
      “whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publish any imputation concerning any person intending to harm, or knowing or having the reason to believe that such imputation will harm, the former person will be liable to the latter.”
      The statue also outlines a list of exceptions in regards to defamation law in Bangladesh, which might also work as the potential defences of defamation. Accordingly, it is not defamation:

      1. It is not defamation to make statements about anything which is true concerning any person, if such statement is made for the public good.

      2. It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions.

      3. It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question.

      4. It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

      5. It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice.

      6. It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public.

      7. It is not defamation in a person having authority over another, to pass in good faith any censure on the conduct of that other in matters to which such authority relates.

      8. It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.

      9. It is not defamation to make a comment on the character of another, provided that such comment is made in good faith for protecting the interest of the person making it, or of any other person, or for the public good.

      10. It is not defamation to convey a caution, in good faith, to one person against another.

      Defamation law in Bangladesh_Tahmidur Rahman best law firm

      “It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions.”

      Potential Punishment for Defamation Law in Bangladesh

      As per the Bangladeshi Law, Whoever commits defamation shall be punished with simple imprisonment for a term which may extend up to 2 years and fine.

       

      Tort and Defamation practice at CLP 

      The Barristers, Advocates, and lawyers at CLP Law chamber in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients in dealing with defamation and every aspects surrounding defamation. For queries or legal assistance, please reach us at:

      E-mail: tahmidur@counselslaw.com
      Phone: +8801727983838
      Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

       

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      E-Commerce Company Formation in Bangladesh

      E-Commerce Company Formation in Bangladesh

      E-Commerce Company Formation in Bangladesh| Complete Overview of Starting an E-commerce Business.

      E-commerce business in Bangladesh_Tahmidur Rahman_best law firm in dhaka

      Tahmidur Rahman, Director and Senior Associate

      25 November 2019

      E-commerce business formation in Bangladesh:

      E-commerce is actually one of Bangladesh’s fastest growing field and trends. There are lots of e-commerce companies that have begun operating in Bangladesh since 2015. But mostly they only operate for Dhaka city and few businesses have only started in their city. This is a positive sign and e-commerce will certainly expand in days to come. Many people come to CLP with their enquiry if they need a trade license / or a PLC for their Bangladesh e-commerce business. And the answer is of course “yes.” In Bangladesh, every business is required to have a trade license, and eventually you might opt for establishing your own PLC for your e-commerce business!

      Starting an E-Commerce business in Bangladesh

      As the study shows, Bangladesh is entering its own period of demographic dividend, meaning that the proportion of young people in the next 25 years will be the highest in the history of the country. And this is a golden opportunity for Bangladesh to tap into the promise of e-commerce by building a viable e-commerce ecosystem that will transform the country’s economic landscape. Another Asian neighbor, China, has already shown that e-commerce can easily become the key drivers of the economy, with favorable policy and government commitment.

       The term e-commerce refers to the Internet-based buying or sale of goods, products or even services. E-commerce purchases vary from the obvious things like online retailing, online media outlets, online shopping, etc. to the more important items like digital payment, online banking and even the procedures of public administration. In this article we will concentrate on the information needed to start an E-commerce company in Bangladesh.

      Major Categories and Types of E-commerce business in Bangladesh 

      In terms of E-commerce business in Bangladesh, there are three kinds of e-commerce, which are as follows-
      1. Items oriented: These online companies deal over digital media with tangible and physical goods or products.
      2. Service-oriented: These online businesses are specialized in delivering services to a customer, be it between businesses or just ordinary people or vice versa;
      3. Digital products oriented: These online companies are performing legal businesses like the two preceding ones but the goods or services they offer are entirely digital.

      The buying and selling process involves the exchange of web and electronic data using personal computers , laptops, tablets , cell phones etc. Companies are categorized as ‘brick and mortar’ (traditional trade), ‘click and mortar’ (partial e-commerce) and ‘internet businesses’ where all is digital for merchandise, distribution, and payment. The definition of e-commerce thus includes both purchases of physical goods and digitized products and services.
      In the current eBusiness world, M-Commerce (Mobile Commerce) and F-Commerce (Facebook Commerce) have become two common concepts. Within this paper both are listed within the wider e-commerce framework.

      What are the usual transactions in a e-commerce business in Bangladesh?

      These online transactions are usually done in the following six ways –

       

      1.Business to Business (B2B): The “Business to Business” transactions include two more companies conducting business with each other and barely ever involve the final customers;

      2. Business to Consumers (B2C): It is the business model where businesses directly offer goods or services to customers. Consumers are increasingly shopping for and purchasing goods online, arranging financing, arranging shipping or taking delivery of digital items such as apps, and getting after-sales services. B2C e-commerce includes online transactions often referred to as e-retail (or e-tail).
      In building B2C networks, some of the advantages businesses can achieve are decreased operational costs, increased marketing, globalization, customer satisfaction, knowledge management, etc .. Bangladesh e-commerce begins and mostly switches to B2C.

      3. Customer to Customer (C2C): The Customer to Customer” model refers to the direct transactions conducted between the consumers themselves;

      4. Customer to Business (C2B): The Customer to Business transactions refers to the providing of goods or services by a customer to legitimate businesses;

      5.Business to Administration (B2A): Business to Administration involves the transactions between businesses and governmental or administrative bodies.

      6. Customer to Administration (C2A): Customer to Administration refers to the transactions that are made between the ordinary consumers and governmental bodies.

      Open your e-commerce business in Bangladesh

      Process of Starting an E-commerce business in Bangladesh

      The procedure required to start an E-commerce company in this country depends entirely on the nature of the business itself.

      • Individual businesses: If your online company is all about the Customer to Consumer ( C2C) model and you just want to trade with someone over the internet, then you don’t need a lot of formality. At the other hand, if you sell any goods or services actively through a website or page and you are the sole owner of the said company, then you will need a valid trade license and proper E-TIN set-up.

         

      • Companies or Associations: If your favored business model is Business to Customer (B2C), where you want to set up a company or association to sell your goods or services, the laws currently in force in Bangladesh regarding companies, partnerships or associations etc. will be applicable to you to set up your e-commerce business in Bangladesh.
      • Domain & intellectual properties: Another important step of setting yourself up in the E-economy is to purchase a domain name. Being prepared with a valid domain, trademarks, copyrights etc. will be instrumental in securing your intellectual properties among other things.
      • A typical Bangladesh online business: A typical Bangladesh online business starts with the development of a website or a public page in an asocial media network. The items or services to be sold are then cataloged on the Customers’ website or page on browse through. The final aspect of this initial phase is incorporating a safe form of payment, and there are quite a few good choices to choose from in your own e-commerce business in Bangladesh.
      • Payment methods: Most online stores have a cash-on – delivery system which, of course, needs no digital payment method. At the other end of the spectrum, a large chunk of all mobile banking in this country is currently being done via services such as Bkash, Rocket, Nexus Pay etc., but you do have the option of accepting other services such as the various credit or debit cards, PayPal, Money Gram or any other FIN Tech (Financial Technology) methods. The trick is to go for something that’s easily available and that has the most users. Hence:

         

        Setting up a payment gateway system in Bangladesh requires few papers/documents:

      1. Company Trade License
      2. Owner’s NID & Photograph
      3. Bank Details
      4. Company Logo
      5. Website URL
      6. Signature & Seal

      As of now, the Bangladesh Bank has allowed funds to be transferred up to BDT 5,00,000 between two customers who have accounts on the same bank via online facilities, provided that the transactions comply with the prevailing Money Laundering Prevention laws and related government circulars.
      Nevertheless, in the case of any legal issue emerging from these projects, it is often prudent to obtain professional assistance. According to the laws currently in effect in Bangladesh, e-economy participants are entitled to various legal remedies with the least amount of difficulty. The article would also address the prospective risks of operating E-commerce companies.

      Legal framework for e-commerce business in Bangladesh

      Potential Legal regulations in regards to starting an e-commerce in Bangladesh

       

      •  Consumer Protection legislation is important in e-commerce business in Bangladesh to create consumer trust. In merchant’s bank account, a holding fund mechanism listed in the ‘E- Payment’ section might be established; consumers do need to use true identification for the purposes of the transaction.

         

      • Privacy of consumer’s communication, preference, visit information, personal and financial data must be maintained by the relevant merchant. There has to be a clear definition of what form of communication, intention or promise between merchant and consumer will be counted as service agreement; violation of which would face legal consequences in the justice system.

      • Community Conscious Driven Policy needs to be established in the e-commerce business in Bangladesh. The socio-economic scenario differs from country to country. Expectation from businesses and consumers need to weight in our existing standard.

         

      • Code of Conduct for the businesses and customers need to be defined. Any form of digital communication must not violate traditional social and business etiquette within the e-commerce business in Bangldaesh.

        Dispute Resolution Mechanism should be clearly stated and communicated properly to the stakeholders. A cyber court might just be established for quick resolution of such cases specifically for e-commerce businesses in Bangladesh.

         

        •  ICT Act is undergoing revision. As the cyber world evolves very rapidly, a legal committee will eventually be set up to review the law and make appropriate changes every six months. 

        •  Most e-commerce operations incorporate a variety of digital activities and conventional business processes. ICT Act will ensure compliance with current legislation and ecommerce regulations is sufficient.

        • Though e-commerce ensures easy access to entrepreneurship, some form of regulations will eventually be imposed for the new entrants for identification, authentication, taxation and monitoring purpose. Easy registration process using e-tin, address, etc will eventually be incorporated to ensure the transactions under a legal umbrella.

        • Insurance policy might also be formulated to protect businesses and consumers from larger accident and fraud incidents.

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

       

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

      • Step by Step Process of Registering a Company in Bangladesh
      Best company formatio law firm in Bangladesh_ E-commerce business in Bangladesh

      How to get a Trade License in Bangladesh?

      Click here and go to the post, Tahmidur Rahman speaks in details about Trade License in Bangladesh | Fees, Processing and Renewal!

      What are the potential pitfalls of starting an e-commerce business in Bangladeh ?

        

      As a fairly recent development in Bangladesh’s economic history, there are several possible problems that may emerge from an online company. Many of these problems are discussed briefly below- 

      1. Credit and Guarantee: A large percentage of higher-end transactions are made by loans such as EMI or other types of instalment plans. For certain situations, civil proceedings can be required when the consumer defaults.  

      2. Financial fraud: all the time when it comes to e-commerce in Bangladesh, financial fraud such as credit card fraud, the use of illegal payment methods etc. Established in compliance with the 1990 Money Loan Court Act, the Artha Rin Adalat is a judicial body dealing with the recovery of money loaned to citizens through public sector financial institutions. This court can adjudicate financial fraud committed in e-transactions such as credit card frauds etc. There are some other legal remedies available under Bangladesh ‘s laws to a possible victim of fraud such as the Digital Protection Act, 2018 among others. 

      3. Return products or non-delivery of goods: E-commerce companies regularly recall items returned by consumers for different reasons, some of which are specific concerns such as the size of apparel products, while others are as ambiguous and illogical as they may be. In addition to the financial blows suffered by the sellers, factors such as product return or product non-delivery may also be harmful to the purchasers. Under existing legislation such as the Sale of Goods Act, 1930 etc., online sellers and purchasers are entitled to a plethora of protections that can be legally enforced.

      4. Quality of products: The E-economy of Bangladesh has a long history of venders providing unsatisfactory goods or services to the customer. This is mainly due to the fact that the customers do not get to check or verify what they are buying before the actual delivery takes place. This has apparently resulted in sellers delivering damaged, expired or unusable products in the end. Issues of damaged goods or goods in lesser quantity than originally agreed upon can be brought to legal action under the governing laws of the country such as the Consumer Protection Act, 2009, The Sale of Goods Act 1930, The Contract Act, 1872, The Penal Code, 1860 and the Standard of Weights & Measures Ordinance, 1982 etc.

      5. Adulterated goods: whether purchased by a customer or a business, whether it is the duty of an online retailer to deal with adulterated goods and products, it will be subject to legal consequences. The 1974 Special Powers Act provides legal provisions for adjudicating vendors trading in adulterated goods, beverages, or other items.

      6. Infringement of Intellectual Property: There is a general disregard among the Bangladeshi people for intellectual property laws, particularly when it comes to digital products, due to the state of the basic economy and the newness of information technologies.

      7. Exploitation: The very existence of the techs used to perform different transactions online leaves space for vulnerabilities that can be manipulated for illicit benefit. Frauds in the credit or debit card, frauds in the digital identity forgery, infringements of authority, unauthorized access to data and privacy etc. are some of the examples that can seriously hamper an individual’s or business’ livelihood. In addition to careful planning by the users, in the aftermath of these incidents, legal proceedings are also necessary. 

       

      E-commcerce business in Bangladesh_Tahmidur Rahman_ Top law firm Bangladesh
      Ecommerce company in bangladesh_business law firm in dhaka

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      Frequently Asked Questions- FAQ about E-commerce Business in Bangladesh

      In regards to opening an E-commerce company in Bangladesh, people also ask these questions frequently, hence this FAQ content block is dedicated to answering your questions.

      General Questions about Starting an E-commerce company in Bangladesh

      What is E-commerce business in Bangladesh?

      E-commerce includes the purchasing and sale of products and services by businesses and customers via the electronic medium. E-commerce, also known as electronic commerce or internet commerce, refers to the purchasing and sale of goods or services through the Internet, and the transfer of money and data to carry out these transactions.

      How many e-commerce business are there in Bangladesh?

      The eCommerce Association of Bangladesh (e-Cab), an eCommerce trading organization in Bangladesh, reports that there are 700 eCommerce sites and about 8,000 eCommerce pages on Facebook. Facebook remains a common method of advertising and selling goods, to the point that many companies forgo the production of websites.

      What are e-commerce companies?

      Amazon, Alibab and e-bay probably the most influential e-commerce business in the world. Our neighboring country have flipkart, which is an Indian based eCommerce web portal founded by Sachin Bansal and Binny Bansal in 2007. In Bangladesh currently we have Daraz and E-valy dictating the e-commerce market.

      What are the 5 types of e-commerce?
      • Business-to-Business (B2B)
      • Business-to-Consumer (B2C) 
      • Consumer-to-Business (C2B) 
      • Business-to-Administration (B2A) 
      • Consumer-to-Administration (C2A)
      What is the best e-commerce company in Bangladesh?

      Daraz is considered to be one of the best e-commerce companies in Bangladesh. As one of the most innovative and successful online stores in Bangladesh, Daraz.com.bd offers a wide range of products, including electronics , apparel, home appliances, children’s goods , furniture, beauty and health, and much more.

      How to start an e commerce business in Bangladesh (step by step)?
      1. Select The Best Business Structure and Register Your Business legally in Bangladesh.
      2. Research Ecommerce Business Models.
      3. Start Ecommerce Niche Research.
      4. Validate Target Market and Product Ideas.
      5. Register Your Ecommerce Business & Brand Name.
      6. Finalize Your Ecommerce Business Plan.
      7. Create Your Online Store.
      8. Attract Customers To Your Ecommerce Website.
      Do I need to register my e-commerce company in Bangladesh?

      Choose a business name and register your company. There are legal protections and tax benefits for incorporating, so don’t skip it. Email us for aiding you to a seamless formation.

      What is ECAB?

      The e-Commerce Association of Bangladesh (e-CAB) was established to accelerate the growth of the e-Commerce sector in Bangladesh. The e-CAB was designed to address the current problems of e-Commerce in order to ensure its development. E-CAB aims to act as a shared forum for companies active in the e-commerce sector in Bangladesh. The e-CAB will act as their voice. In addition , e-CAB will undertake a range of activities, including research, publication, training, workshops , seminars, etc., to develop the e-commerce market.

      How to become a member of E-CAB in Bangladesh?
      • Logo of your e-commerce company
      • A short profile of the company (minimum 100 words)
      • Contact person name and contact address
      • Photocopy of the updated trade license of the organization/company
      • Photocopy of the updated Tax Identification Number (TIN) certificate
      • Photocopy of the National ID card of the proprietor/managing director/Chairman of the company
      • Passport size picture of the proprietor/managing director/Chairman of the company

      Get legal advice from the best company formation Law firm in Dhaka

      The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients through the entire process and legal provisions relating to the setting up of your E-Commerce business in Bangladesh and the safeguarding of your rights and interests in case of any conflicts.

      For any queries or legal assistance, please reach us at:

      E-mail: tahmidur@counselslaw.com

      Phone: +8801727983838

      Address: House 39, Road 126 (4th Floor) Islam Mansion, Gulshan 1, Dhaka.

       

       

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      Pharmacy Business in Bangladesh – Permission, License process and Business Formation

      Pharmacy Business in Bangladesh – Permission, License process and Business Formation

      Pharmacy Business in Bangladesh – Permission, License process and Business Formation

      Tahmidur Rahman, Director and Senior Associate

      20 Sept 2019

      In this post, Tahmidur Rahman speaks about how to open a Pharmacy Business in Bangladsh successfully and the process of formation in details.

      How to open a Pharmacy Business in Bangladesh  

      Bangladesh’s Pharmacy sector is one of the most profitable sector in regards to the proportionality of investment and output . Owning a pharmacy company in Bangladesh is not only a lucrative endeavor but also a satisfying one for you. This is the company for those who want a place to deliver a reliable service. But business startup is a challenging process. Things to do in this process are including market study, financial structure, trade licensing and product licensing, recruiting critical staff, etc.
      And make sure you educate yourself thoroughly on what that means before you attempt to open a drug store. When you want to personalize the type of service that you deliver to your clients in different ways, a retail pharmacy offers you complete flexibility.

       

      Procedure of starting a Pharmacy in Bangladsh

      Launching a pharmacy company in Bangladesh is currently something difficult, but not impossible. Because of this sector’s strengthened regulation it provides a major opportunity to enhance community health. This means the government has given priority to the informal sector, including Bangladesh retail drug shops. It is positive news for the country’s health-care sector. Here are the steps to opening a Pharmacy Business in Bangladesh in simple three steps:

      • A. Market Research & Analyze the Local Community’s Needs and draft a business Plan:

        This is not only the first and initial step for your pharmacy business in Bangladesh but also the most important one. When it’s done, you’ll need to build lasting relationships with drug wholesalers and other vendors. In the process, you also have to negotiate good rebates. Unless you are trying to choose the right place where a lot of traffic passes every day, the company will definitely be running in full swing. If you find it in the vicinity of a government or private hospital, this is the best place for a pharmacy company.

      • B. Obtaining Permission from the Bangladeshi Pharmacy Council for Pharmacy Business in Bangladesh:

        To conduct business as a pharmacist in Bangladesh, you must first obtain Shonod (Permission) from the Pharmacy Council of Bangladesh. You can receive the permission from the Bangladesh Pharmacy Council after completing a 6 month course.

      • C.Obtaining Permission from the Bangladeshi Pharmacy Council for Pharmacy Business in Bangladesh:


        Collect Form 7 from Drug Administration’s (DGDA) General Directorate. To apply for a drug license, fill out Form 7 and submit it to DGDA. The applicant must also send Bank Statement of License Fee payment to Treasury Chalan along with Form 7. Receiving the store deposit or photocopying the rent agreement. If you own the store, then the store’s Ownership Deed. An Angikarpotro by another Pharmacist approved.
        A copy of your Trade License – if you want to set up a pharmacy in a Bangladesh municipal area, you need to get a Trade License. For an idea of how to get a trade license in Bangladesh, please check out our article on “The complete process of obtaining Trade License” here.

      1. At first obtain the Bank statement
      2. And then, the Treasury Chalan of the License fee submission
      3. The receipt of the rent of the shop or photocopy of the rental agreement. If you own the shop, then the Deed of ownership of the shop.
      4. An Angikarpotro by another licensed pharmacist.
      5. A copy of your Trade License – if you want to set up the pharmacy in a municipal area of Bangladesh, then you must obtain Trade License. To have an idea on how to obtain trade license in Bangladesh, please have a look at our article on “Trade License Process and Cost”.
      6. A copy of the certificate of completion of the 6-month course by Bangladesh Pharmacy Council

       

       

      Pharmacy Business in bangladesh_Tahmidur Rahman

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      Carpe Noctem Bangladesh

      Standards for the establishment and operation of  Pharmacies in Bangladesh

      Even after successfully creating the establishment/business the  Pharmacy owner must have these required coml;

      In addition to these, every Pharmacy owner shall keep in mind while conducting pharmacy business in Bangladesh:

      • Ensure that the Pharmacy staff has the appropriate skills, qualifications, and competencies for their role and for the tasks they carry out.
      • Prominently display the Pharmacy accreditation certificate, dispenser registration certificate(s), and trade license.
      • Prominently display the name of the pharmacist—in-charge for the premises and his/her registration certificate in the professional service area.
      • Notify the DGDA in writing within 30 days after the Pharmacy permanently closes; in so doing, the authority shall inspect the inventory and provide advice for proper disposal of medicines and other products.
      • Notify the DGDA in writing within 30 days after the Pharmacy temporarily closes with the anticipated date of re-opening, which should also be publicly displayed in front of the Should a Model Pharmacy close for one year, it shall be considered a new applicant for accreditation.
      • Notify DGDA in writing within seven days for any change in approved personnel including when a notice for termination of contract with pharmacist-in-charge is issued.
      • Report any thefts or unexplained losses of drugs or records immediately to the nearest police station and to DGDA.

      Premise requirement for  Pharmacy Business in Bangladesh

      In regards to the Pharmacy Business in Bangladesh and premise of the Pharmacy, every Model Pharmacy premises must meet minimum requirements as follows:

      • Be a permanent structure that is not at risk from floods.
      • Have a roof and ceiling free from leakage.
      • Provide adequate seating for customers waiting for service.
      • Have surfaces/floors/walls with smooth finish that can be washed with disinfectants.
      • Assure good hygiene inside and outside the premises.
      • Have a source of potable water.
      • Have space with dimensions of at least 300 square feet and a ceiling height of at least 8
      • Have a source of electricity such as a direct connection to an electrical grid, generator, instant power supply, or solar panels.
      • Have a sink with running water dedicated to support hand hygiene practices.
      • Where a Model Pharmacy prepares extemporaneous products, the sink must have sufficient space for cleaning related equipment.
      • The sink should not be used for disposal of mop water and other liquid wastes.
      • The building must be constructed and maintained to minimize entry of animals, such as rodents and birds.

      How ‘Tahmidur Rahman & CLP Associates’ helps the formation of any business in Bangladesh

      The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients through the entire process relating to formation of pharmacy business in Bangladesh. For queries or legal assistance, please reach us at:

      E-mail: tahmidur@counselslaw.com
      Phone: +8801727983838
      Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

      Pharmacy Business in bangladesh_best law firm in Bangladesh

      Signage Requirement for Pharmacies in Bangladesh

      Pharmacies will have the following signage:

      • A sign board with the name of the outlet, registration number, address, and officially approved logo (brand) for a Model Pharmacy in accordance with DGDA’s Model Pharmacy branding guidelines.
      • A “NO SMOKING” sign conspicuously placed to prohibit smoking on the premises.
      • A sign indicating operating hours.
      • Upon closure or relocation, or loss of accreditation status, all signage indicating that the premises was a Model Pharmacy must be removed immediately.

       

      Requirements in professional service area for Pharmacy Business in Bangladesh

       

      • The Model Pharmacy must have a clearly delineated and marked professional service area restricted to the provision of therapeutic goods and services.
      • The professional service area should be distinguishable from other areas of the Model Pharmacy; customers should readily be able to locate the dispensing area.
      • The area should be designed and located such that consumers are able to access the advice of the pharmacist or other qualified pharmaceutical personnel to assist in their safe and effective use of therapeutic goods.
      • The professional service area contains the dispensary, counselling area, prescription drop-off and collection points, and over-the-counter and prescription medicine storage areas. The professional service area must be free from information, products, and services that are not therapeutically related.
      • Non-therapeutic items (e.g., toiletries, cosmetics) should not be displayed for sale within the professional area.
      • No person other than a member of the Model Pharmacy staff is allowed behind the counter in the professional services area.
      • The dispensary must have a dispensing counter with a clean and smooth surface. (For Pharmacy Business in Bangladesh.)

       

      Pharmacy business in bangladesh_best Company law firm in Dhaka

      Frequently Asked Questions about Pharmacy Business in Bangladesh

      In regards to opening a pharmacy business in Bangladesh, people also ask these questions frequently, hence this FAQ content block is dedicated to answering your questions.

      General Questions about Starting a Pharmacy business in Bangladesh

      How can I get pharmacy license in Bangladesh?

      The process is pretty easy! All you need to do is to complete a 6 months course from the Bangladesh Pharmacy Council.

      How much does it cost to start a pharmacy in Bangladesh?

      Only a fee of 3000 Taka must be paid through Treasury Chalan if the pharmacy is to be established in the municipality of Bangladesh. In the case of areas outside the municipal area, the fee will be 1500 Taka. The license must be renewed every two years.

      Is pharmacy business profitable in Bangladesh?

      Pharmacy business has emerged as one of the most profitable segments in the healthcare sector. Industry experts believe that Bangladesh will soon become one of the top ten countries in terms of individual medical expenditure. Medicine spending in Bangladesh is projected to increase by 10% over the next five years.

      What is drug license in Bangladesh?

      You need to get a drug license if you want to deal with medicine. This drug license is issued by the Department of Medicine Administration under the Ministry of Health and Family Planning. License fee is 3000 BDT inside the municipal area and outside the municipal area is BDT 1500.

      How to apply for drug licence in bangladesh?

      You need the following documetns for getting a drug license in Bangladesh:

      1. Bank statement.
      2. Treasury Chalan of the License fee submission.
      3. The receipt of the rent of the shop or photocopy of the rental agreement. …
      4. An Angikarpotro by another licensed pharmacist.

       

      How to get GMP certificate License for drug?

      Good manufacturing Practice (GMP) Certificate:

      1. An Application in Company Letter Head
      2. Manufacturing license of medicine
      3. Your company profile
      How do pharmacies make their money in Bangladesh?

      For each item sold, pharmacies shall be reimbursed at the agreed price as set out in the Drug Tariff. Buying profit is generated by ensuring that goods are purchased at a price lower than the price indicated. Bulk buying is one obvious way this can be done.

      What Bangladesh Pharmacy Council?

      Bangladesh Pharmacy council is the only regulatory body for controlling the pharmacist and the pharmacy education in Bangladesh as per the law of Bangladesh, The Pharmacy act 2013.

      About Our Services

      Pharmacy Formation

      CLP is considered one of the best law firm in Pharmacy formation in Bangladesh, and not only that in general it is considered as the best company law firm in Dhaka.

      How to start a pharmacy seamlessly with Tahmidur Rahman CLP's help

      The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients through the entire process relating to formation of pharmacy business in Bangladesh. For queries or legal assistance, please reach us at:

      E-mail: tahmidur@counselslaw.com
      Phone: +8801727983838
      Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

      .

      How do I run a successful pharmacy in Bangladesh?

      First and foremost decide a strategic location to open your pharmacy. To make your pharmacy successful, you need to get to know the industry and determine what your goals are.

      • Invest in well-manered and trained employees by the Bangladesh Pharmacy council.
      • Make a really good first impression.
      • Incorporate state-of-the-art technologies for the easy distribution of medicines.
      • Provide expcetional health service to people, in the end its is a noble profession.
      What other services does Tahmidur Rahman (CLP) provide in Company formation?

      The firm offers advice to domestic and foreign clients on matters related to general company and corporate enforcement, including but not limited to investment legislation, sectoral structures and regulatory matters / enforcement. Clients in this field of practice come from across industries, including but not limited to telecommunications, e-commerce, technology, ITES, electricity, healthcare, real estate, security, retail, pharmaceutical, education , infrastructure, media, automotive, etc.
      The firm actively advises clients on trade related issues that directly affect foreign investment in Bangladesh. These issues growing include preferential market access for Bangladeshi businesses, position of technology, etc.

      Have a Different Question?

      Email us anytime : tahmidur@counselslaw.com

      Or call — +8801727983838

      Charitable Trust in Bangladesh

      Charitable Trust in Bangladesh

      Charitable Trust in Bangladesh | Laws, Formation, Regulation of Charitable Trust| Everything you need to know about Charitable Trust in Bangladesh

      Tahmidur Rahman, Senior Associate, Counsels Law Partners

      2 Oct 2019

      This post in will explain in details about Charitable Trust in Bangladesh| Formation Process of a charity, Regulation of the Trust etc. | Everything about Charitable trust that you need to know and be aware of.

      What is a Charitable Trust?

       

      A charitable trust is a group of properties or assests that a beneficiary signed over or uses to create a charitable fund, typically with liquid investment. The assets are owned and handled for a fixed period of time by the charity, with some or all of the value that the assets produce going to charity. This may take the form of a permanently fixed sum per year, called an annuity or uni-trust, which measures annual payments based on a percentage of the value of the trust in a given year and is therefore subject to adjustment. Conventionally there are no set beneficiaries of a charitable trust. That is true even where the people who directly benefit from the trust are easily ascertainable, say for the elderly or the disabled in the case of a residential home. In the case of a charitable trust, the obligation of assurance is relaxed in the following sense: as long as it is evident that the settlor wished to commit funds to charity, it will not matter if the precise charitable aims desired by the settlor are well defined; the court must formulate a charitable use scheme for the funds. Charitable trust might also last indefinitely depending on the conditions or the investment.

      The requirement for being identified as a ‘Charity’ in Bangladesh

      Whether a certain purpose is charitable can be determined by treating the issue in two factors:
      a) Is the purpose or the intention of the trust is prima facie charitable?
      b) If so, is it in the public interest? 

      Advantages of Setting up Charitable and Religious Trusts in Bangladesh

       

      • In the case of a charitable trust, the presumption of assurance is relaxed in the following sense: as long as it is clear that the settlor intended to commit funds to charity, it does not matter if the specific charitable purposes intended by the settlor are specifically specified, Thus, for example, a trust will be perfectly legitimate simply for charitable purposes.
      • A Trust in Charity can last forever. Where charitable trust funds remain but the original charitable intent is basically no longer achievable, the cy-près doctrine will be applied to establish a new, workable, charitable purpose trust for the funds.
      •  There are significant fiscal advantages in the form of a reduction or exemption from different taxes and charges. Without going into the specifics of these tax benefits, one should consider their practical significance to individual charities and the wider concerns posed by this type of tax relief for any reason that falls under the legal definition of charity.

       

      Charitable and Religious Trusts Law in Bangladesh 

      In Bangladesh, such laws have been enacted to govern and control the activities of charitable trusts regardless of their legal status. Such laws specifically influence the relationship between the non-profit agency and the government, and the creation and control of their activities. Which include:

      ii) Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961 (iii) Compliance Rules on Foreign Donations (Voluntary Activities), 1978 (iv) Microfinance Regulatory Policy, 2006 (v) Foreign Contributions (Compliance) Ordinance 1982 (vi) Society Registration Act, 1860 (vii) Trust Act 1882 (viii) Company Act 1994  

       

      Best Law Firm in Dhaka_ Tahmidur Rahman_ Charitable Trust in Bangladesh

      The concept of  Trust in Bangladesh

      In Bangladesh both private and public trusts are in operation. A private trust is one where certain chosen persons are given profit, i.e  the beneficiaries are   listed. For instance, in trust for C, A conveys its land to B, where B will work as the trustee for C. In order to establish the trust, one must designate the trust property as the holder, and must also appoint an individual or group of individuals to serve as trustees with respect to the trust. When choosing the trustees, it should be borne in mind that only those who are capable of legitimately owning property and are capable of implementing contracts should be trustees. A minor or an insane person, for example, can’t serve as a trustee. Trustees have strong, if not onerous, legal duties which they have to adhere strictly to. Therefore the chosen settlor trustees are always to be told of their legal responsibilities. These trustees have the right to obtain any fees / remuneration for their work.

      In addition, there must be a simple and definite ‘intention’ or ‘intent’ of creating the trust. Can not be made for reasons unknown or undefined. It goes without saying that the trust ‘s intent has to be a lawful one, above and above. As for example, a trust may be established for the education of poor children in an area; for certain medical purposes; for charitable purposes; for the protection of someone; for the creation of a scholarship or school, or even for the benefit of a single individual or a particular group of people. The individual or group of people profiting from the trust would be legally recognized as the trust’s ‘beneficiaries.’ 

      In regards to charitable trust in Bangladesh, the trust is extended on the public at large in a mutual confidence gain. Recipients are not visible here. Trusts to support activities relating to general health or education are charitable trusts. This could be a faith in charity or in religion. For examples, A transfers its property to B for the construction of a hospital for the general population.   

      Permission and Registration in regards to creation of waqf

      Under the terms of the Registration Act, if the trust property is an immovable property (e.g. land) the trust deed has to be registered. Unless, on the other hand, the property in question is not fixed but mobile, like, money or otherwise, then there is no legal requirement to register the instrument of trust. Regardless of the disposition of the fiduciary interest, your father will transfer the interest to the trustees following the required legal formalities annexed to the transfer of that type of property.

      However it’s important to remember that there is no obligation for any authority to take any permission to establish a trust. Nevertheless, permission / registration is required to establish a Waqf. Waqf means the permanent dedication of any movable or immovable property by a person professing Islam, for any reason recognised by Muslim law as holy, religious or charitable. Trust and Waqf are terms which are essentially related. However, there are variations in the intent, administration, and regulating legislation. 

      The WAQF Ordinance 1962 and Charitable Trust in Bangladesh

      Like the English definition of trust, the Muslim Law which is implemented in Bangladesh recognizes a waqf institution. A property owner, both movable and immovable, may settle his property in perpetuity for the use of beneficiaries. The owner can create a waqf by making a declaration in an instrument. The so settled property is known as the waqf property and the person who creates the waqf is known as a waqif. The waqf is governed by a trustee who according to the waqf instrument requirements is known as a mutawalli. 

      The Waqfs Ordinance 1962 mandates all waqfs to be registered at the Waqf Administrator ‘s office via a request made by the waqf property’s Mutawallis. Upon receipt of the letter, the Administrator shall continue with the registration of the waqf property after which the Administrator shall hold its detailed details in his record, including the deeds, the name of the mutawalli and the rules of succession to the mutawalli office. The 1962 Ordinance has no provision to terminate the waqf, as it requires a permanent dedication of a house. But the Ordinance empowers the Waqf Administrator to take over and assume the administration, control and management of any waqf property when it is found that the waqf ‘s objectives are not being properly accomplished in the context of its intended purposes and when this event occurs, the Administrator or the waqif may contact the court and seek its guidance in this regard. 

       

      Classification of Waqf – Trust in Bangladesh

       

      A wakf produced during death is known as a testamentary wakf-23-as in the case of a gift
      Wakf is commonly divisible into two
      (i) Wakf helping the general public;
      (ii) Wakf supporting their relatives, children or offspring.
      (A) wakf helping the general public: wakf (Masliah -al aama) e. g. Mosques, cemeteries, dargae, takias etc.

       

       The key legislation on this public wakf in Bangladesh is the 1962 Wakf Ordinance (Ord No. 1 of 1962), which was enacted to update and amend the law on the administration and management of wakf property in Bangladesh.
      (B) relatives, children or descendants benefiting from wakf: these may be of three types.

       

      Under the provisions of Employee Rights & Labour Law in Bangladesh, it is brought up the working hours of a worker, such as:

       

      Exclusively for the family: The Muslim Law accepts wakfs for the family. The view is expressed by Ameer All relying on a number of Prophet (sm) traditions that a Wakf is a legitimate one only for the benefit of the family of the Wakif (without any provision for charity). Bikani-Bikan Mia vs. Shuk Lai . But this view of Ameer Ali was disapproved by the Privy Council and it was held that wakf,exclusively for one’s family was not a wakf for charitable purposes and was therefore invalid.

       

      • Wakfs substantially for the familly ,with some provisions for charity :  Before the enactment of the 1913 Act, the private council held that if the primary purpose of the wakf was the aggrandizement of the estate, the wakf would be null even if there were any illusory gift for charity.
        Abdul Fata Mohammad vs. Rasamaya (I. L. R 22 Cal. 619 (PC) It was held that a wakf for both the chanty and the family was valid only if the property had been significantly committed to charitable purposes but not otherwise. According to the Act, 1913 wakf is accepted significantly for relatives, the only prerequisite being absolute commitment to charity. The Act is intended to extend and not limit the law relating to wakfs. 

       

      (iii) Wakfs substantially for charity with some provision for the family :

       

      Also before the 1913 Act; wakf, whose primary aim was a permanent commitment of the property to charity held to be legitimate even though private settlement was in favor of the wakif itself or his relatives. (Mohammad v. Amarchand Ahsnullah)
      Thus these wakfs have always been valid and are valid even now without invoking the provisions of the 1913 Wakf Act.
      So we see that law relating to wakfs in Bangladesh is partially regulated and controlled by the statutes, judicial decisions and partly by Muslims’ personal rules.

       

      The Charitable and Religious Trusts Section 3_ Tahmidur Rahman_Best law firm in Dhaka

      Religious and Charitable Endowments under Hindu Law in Bangladesh

       

      Religious endowments such as Debottar (the property dedicated to Deity ‘s ownership) and Mutts (the religious educational institution) can be created orally and in writing. And may take the form of both gift and will (will apply if the case is regulated by theAct in the event of a will section 57 of the Succession Act). Endowments may be created for charitable purposes to feed the needy or the Brahmans etc. Formal Endowments Acts for religious or charitable purposes must comply with T.P ‘s requirements. Play, dated 1882. And the Enrolment Act, 1908. (Charitable Trust in Bangladesh)

      Dedication to faith can be of two forms i. e. Complete or partial. In the event of a full dedication the owner absolutely loses his tille and diely becomes the absolute owner and in the case of a partial dedication the owner retains the property and only a fee is created in favor of the item where the dedication is of total nature any surplus money may be used by applying the cypress doctrine. Debottar can follow two types i. e. Both private and public. In public debottar, the right to worship is open to the general public, In private debottar the privilege is limited to members of a specific family or members of a certain group of persons and the public are not entitled.

      Required Formalities in creation of a Hindu Charitable Trust in Bangladesh

      For the creation of a Hindu religious or charitable endownent, no formalities are usually required. Yet according to some administrations.

      • (A) The object or intent of the trust shall be a true religious or charitable intent, in accordance with Hindu law laws.
      • (B) Under Hindu law the creator should be able to establish a trust in respect of the specific property;
      • (C) The creator should state the object of the trust and the property in question with adequate precision;
      • (D) The trust shall not, for the time being, object to the provisions of the statute.

       

      Regulation in regards to Hindu Charitable Trust in Bangladesh:

      It is held in Bangladesh that the government can not take ownership of such
      debottar property as an enemy property merely because the shebait has left the country.
      Consequently, apart from the Hindu legal laws and judicial rulings, the Hindu public or private religious and charitable endowments are subject to the following provisions

       

      (a) Religious endowments Act, 1863,

      (b) Charitable and Religious Trusts Act, 1920,

      (c) Sec. 92 of Civil Procedure Code, 1908,

      (d) Transfer of property Act, 1882,

      (e) Registration Act, 1908 

      (f) Succession Act, 1925

       

      Trust law firm in Bangladesh_Tahmidur_Charitable Trust in Bangladesh

      Maternity Benefit/Maternity Leave in Bangladesh

       

       

      In the last few years there has been a significant increase over women’s participation in Bangladesh’s workforce. Women workers currently account for one-fourth, that is, 12.1 million, of Bangladesh’s total workforce of 49.5 million[19]. Important legal changes have also been implemented through the introduction of the Labor Act, 2006, which eliminates some ambiguities in the existing, diverse labor laws and amends occupational safety issues such as maternity benefits, health and hygiene, injury compensation, etc. 

      The Labor Act, 2006 repeals three previous Maternity Benefit Acts-The Maternity Benefit Act, 1939, The Mines Maternity Benefit Act, 1941 and The Maternity Benefit (Tea Estate) Act, 1950 and combines almost all of the provisions of these Acts in Chapter IV. Section 2(xxxiv) of the Act describes maternity benefit as the sum of money payable to a woman under Chapter IV;
      Section 45(1) of the Act prohibits an employer from employing a woman for the eight weeks immediately after the day of delivery. Section 45(2) prohibits a woman employee from working in any establishment for the eight weeks immediately after the day of delivery.

      Section 45(2) forbids a woman employee from serving in any institution for the eight weeks immediately following the day on which she was born. Section 45(3) prohibits the use of any woman for some arduous work if she is likely to be delivered from a child within 10 weeks or if she has been delivered from a child within 10 weeks.
      In Section 46 of the Labor Act provisions have been made for maternity leave of 16 weeks (8 weeks before and 8 weeks after the delivery).It has also made the provision that this benefit shall only be available to workers who have served under the owner for a minimum period of6-months prior to the notice of the probability of the delivery.

       

       

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      Counsels Law Partners ranked as the best law firm in ‘BD Law Firms ranking 2020’ Bangladesh in non-profit and charity formation- Charitable Trust in Bangladesh 

      For queries or legal assistance in regards to creating a charitable Trust or in-fact creating any trust, please reach us at:

      E-mail: tahmidur@counselslaw.com
      Phone: +8801727983838

       

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