Practice Areas of the best law firm in Bangladesh
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COMMERCIAL LAW DEPT. | GULSHAn
The department deals with Aviations matters, Commercial Transactions, International Trade and Commercial Litigations.
CONSTRUCTION LAW | Dhaka, Bangladesh
The construction department deals with Procurement, Power, Energy, Infrastructure Projects, Bidding and Government Contracts.
CORPORATE DEPT. | GULSHAN, DHAKA
The Department deals with Corporate Transcations, Labour, Service tribunals & realted matters ,Real Estate & Property matters.
CRIMINAL LAW | Dhaka, Bangladesh
The Criminal Law team deals with Bail applications, trial representations, appeals, revisions and 561A quashment applications.
DISPUTE RESOLUTION | Dhaka, BANGLADESH
The DR team deals with Fruad and White collar crimes, Judicial Review of Administrative Action & Alternative Dispute Resolution.
FAMILY LAW | Dhaka, Bangladesh
The Family Law Department deals with conflicts and problems related to marriage, divorce, ward ship & child custody.
FINANCE LAW | Dhaka, Bangladesh
The Finance Department deals with Banking, Finance & Investment, VAT, Tax and Customs related matters.
INTERNATIONAL LAW | Dhaka, BANGLADESH
The International Team deals with International Law, Cross Border Matters and International Arbitration.
IT LAW | Dhaka, Bangladesh
The IT lawyers of TR Barristers in Bangladesh | Tahmidur Rahman & TRW deals with Intellectual Property Matters and due regulatory compliances of Information Technology laws.
INVESTMENT LAW | DHAKA, BANGLADESH
The Investement Team deals with Foreign/Global Investment, Business set up, Citizenship, Captial Market, Stock market Strategies etc.
SHIPPING LAW | Dhaka, Bangladesh
The Shippping department deals with Marine Insurance, Shipbuilding & Shipbreaking matters, Admiralty, Maritime and Ship Arrest.
COMMERCIAL LAW | Dhaka, Bangladesh
The department deals with Aviations matters, Commercial Transactions, International Trade and Commercial Litigations.
+8801847220062 or +8801779127165A lean, dynamic Commercial Law Team | TR Barristers in Bangladesh
Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman- Our Commercial dept. is a lean and dynamic legal team, active in all areas of business law. For over years we have applied creative thinking, pragmatism and commercial sense to provide our clients with legal advice and guidance to help them make the most of business opportunities, contend with challenges and manage risk.
28 Reviews
Delivering tailored legal advice to businesses.
- Commercial contracts and agreements
- Contracts at all levels in the supply chain
- Bangladesh, UK, European Competition Law
Venture Specialist Counsel
- Joint ventures
- Shareholder, partnership and franchise agreements
- Equity investment, equity reorganisation and capital reduction
Secured Legal Advices
- Share capital reorganisation
- Employee share schemes (EMI, CSOP, SIPS)
- Director duties and corporate governance
Commercial Assistances
- Regulatory and legislative issues
- Asset sales and purchases
- Licensing, finance leasing and franchising
Taxation and Banking Advices
- Private equity and venture capital investment
- Finance, banking and taxation
- Overseas investments
Contracts & Agreements
- Commercial contracts and agreements
- Regulatory and legislative issues
- Restructuring and insolvency strategies
- Exit and succession planning
Major Areas of the Department
Commercial and international commerce is a complicated area of law. Specializing in this topic needs both in-depth understanding and practical experience. While Bangladesh is witnessing important development in the garments and textiles industry and few other industries, there are problems related to awareness of international trade legislation, regulations and best practices. There are large volumes of instances pending involving commercial transactions and there are also regular remarkable claims concerning cross-border transactions. Bringing Cross Border claims by initiating arbitration or filling litigation in separate regions is not very rare in a scenario where parties have avoided seeking legal help at the early phases of commercial paperwork. Accordingly, there is a frequent need for legal representation for local and foreign buyers and vendors, banks, carriers, stevedores, and sometimes abroad. TR Barristers in Bangladesh is one of the major commercial litigation and litigation law firms.
In raising funds, issuing IPOs and also signing various shareholding contracts etc., legal service is often needed by sponsor / promoter. Large businesses also carry out due diligence on complicated legislation and regulations concerning the capital market before raising funds from Capital Market. Through their law firm in the foreign industry, foreign institutional investors often guarantee their physical presence in the AGM etc. Disputes involving insider dealing, deadlock between shareholder, exit options, regulatory non-compliance are also prevalent and require legal help from experts.
Because of its worldwide recognized team, TRW Chamber has in-depth understanding about regulating trade and international trade.
Bangladesh’s aviation sector is increasing quickly, especially on an ever-since Govt allowed intra-national private routes. Hence, private firms were permitted to run the airline business. Although few businesses have attempted to run the airline business, in a very competitive market, only a few are willing to succeed. The demand for legal services in aviation matters is growing as the quantity of transactions has increased in latest years. Airlines, suppliers of machinery and facilities, service providers, travelers frequently seek legal services. For instance, claims related to cargo, claims for boarding & baggage, recovery of duties, recovery of machinery and equipment, salaries and advantages for the crew, etc. are not very rare for attorneys in Bangladesh now.
There are currently Eight local airlines. In six locations, they provide national services. Two airlines, who used to function, have problems with exceptional duties payable to the authorities at the airport. Recent air crash event in Nepal brought fresh kinds of claims, such as compensation under causality insurance and other losses.
Commercial and international commerce is a complicated area of law. Specializing in this topic needs both in-depth understanding and practical experience. While Bangladesh is witnessing important development in the garments and textiles industry and few other industries, there are problems related to awareness of international trade legislation, regulations and best practices. There are large volumes of instances pending involving commercial transactions and there are also regular remarkable claims concerning cross-border transactions. Bringing Cross Border claims by initiating arbitration or filling litigation in separate regions is not very rare in a scenario where parties have avoided seeking legal help at the early phases of commercial paperwork. Accordingly, there is a frequent need for legal representation for local and foreign buyers and vendors, banks, carriers, stevedores, and sometimes abroad. TR Barristers in Bangladesh is one of the major commercial litigation and litigation law firms.
In raising funds, issuing IPOs and also signing various shareholding contracts etc., legal service is often needed by sponsor / promoter. Large businesses also carry out due diligence on complicated legislation and regulations concerning the capital market before raising funds from Capital Market. Through their law firm in the foreign industry, foreign institutional investors often guarantee their physical presence in the AGM etc. Disputes involving insider dealing, deadlock between shareholder, exit options, regulatory non-compliance are also prevalent and require legal help from experts.
Because of its worldwide recognized team, TR Barristers in Bangladesh has in-depth understanding about regulating trade and international trade.
Commercial Law F.A.Q. | Law Firm, Dhaka, Bangladesh
Why choose TR Barristers in Bangladesh for corporate legal assistance?
Our corporate law team regularly acts for buyers, sellers and investors across a broad range of industry sectors. With a wide array of clients, from PLCs and household names to sole traders and partnerships, we have the expertise to advise on all manner of corporate transactions.
How do the team approach to Legal problems?
- Proven track record in delivering flexible and innovative legal solutions.
- Solicitors with market acumen who understand the commercial realities of business.
- Professional and responsive approach, tailored precisely to your needs.
Is it capable to deal with niche Commercial Disputes?
- Certified experience of advising on all aspects of corporate law.
- Far-reaching, specialist knowledge across a broad range of industry sectors.
- Multidisciplinary approach across corporate and commercial legal services.
What Sort of recognition TR Barristers in Bangladesh has?
- Total client focus, protecting their interests, minimising risk and maximising opportunities.
- Members of the Solicitors Regulation Authority and The Law Society.
CONSTRUCTION | Law Firm in Dhaka, Bangladesh
The construction department deals with Procurement, Power, Energy, Infrastructure Projects, Bidding and Government Contracts.
A lean, dynamic Construction Law Team (Law Firm in Dhaka TRW Practice Areas|TR Barristers in Bangladesh| Tahmidur Rahman)
“If you build it, they will come.” We’re talking about lawyers and not ball players, of course, and perhaps no other industry relies on the services of lawyers more than the construction industry and arguably no other area of trial law is as challenging.
12 Reviews
Site Planning
- Site testing + assessment
- Land sale negotiation + contracting
- Permitting
Dispute Matters
- Construction defect
- Change orders
- Liens
- Wrongful termination
Complication
- Delays and differing site conditions
- Design defects
- Billing and invoicing claims
Contracts
- Negotiation and drafting of contractor and subcontractor agreements
- Negotiation and revision of AIA, ConsensusDOCS, FIDIC, and other standard form agreements
- Contract management
Forums
- Bangladesh and International Arbitration
- Dhaka
- Chittagong
- Licensing Boards
Training + Education
- On-site risk management training
- Lecturer
Major Areas of the Commercial Department | Law firm in Dhaka, Bangladesh
- Commercial Transactions, International Trade
- POWER, ENERGY AND INFRASTRUCTURE PROJECTS
- Construction and Engineering
Commercial and international commerce is a complicated area of law. Specializing in this topic needs both in-depth understanding and practical experience. While Bangladesh is witnessing important development in the garments and textiles industry and few other industries, there are problems related to awareness of international trade legislation, regulations and best practices. There are large volumes of instances pending involving commercial transactions and there are also regular remarkable claims concerning cross-border transactions. Bringing Cross Border claims by initiating arbitration or filling litigation in separate regions is not very rare in a scenario where parties have avoided seeking legal help at the early phases of commercial paperwork. Accordingly, there is a frequent need for legal representation for local and foreign buyers and vendors, banks, carriers, stevedores, and sometimes abroad. TRW Chamber is one of the major commercial litigation and litigation law firms.
In raising funds, issuing IPOs and also signing various shareholding contracts etc., legal service is often needed by sponsor / promoter. Large businesses also carry out due diligence on complicated legislation and regulations concerning the capital market before raising funds from Capital Market. Through their law firm in the foreign industry, foreign institutional investors often guarantee their physical presence in the AGM etc. Disputes involving insider dealing, deadlock between shareholder, exit options, regulatory non-compliance are also prevalent and require legal help from experts.
Because of its worldwide recognized team, Tahmidur Rahman and TRW Chambers has in-depth understanding about regulating trade and international trade.
In Bangladesh, power, energy and other infrastructure projects are exponentially increasing. A nation needs sustainable infrastructure that can meet the ever-growing demand for power, energy, highways, bridges, etc. It is possible to undertake infrastructure projects under G2 G; PPP (solicited or unsolicited) or non-PPP (solicited or unsolicited) acquisition method. At the procurement level, legal assistance is needed. (Please see Procurement, Bidding & Government Contracts for more data). Legal support is also needed at multiple phases of the project, such as drafting separate agreements, contracts, subcontracts, MOUs, EPC contracts, O&M contracts, etc. Legal due diligence is highly advised before work begins. Customers often require services to obtain different consents & licenses for services linked to later acquisition or dispute resolution.
Construction and engineering related works take place in Bangladesh on a large scale in almost all sectors Legal assistance is frequently required for procurement works of various public projects under G2 G, PPP or other bridge modes, power plants, LNG terminals, highways, flyover, railways, dams, seaport, river port etc. On the other side, there is also a frequent need for legal work for power, energy and infrastructure projects not limited to procurement. (Please see: Power, Energy and Infrastructure Projects for further data). The private industries are also engaged in the construction of warehouses, factories, shopping centers, business centers, etc. under private projects, both the employer and the contractor require legal services in this industry, both local and foreign businesses. Services often require due diligence, building contracts, and contract subcontracting, etc. Dispute resolution associated with construction is growing owing to an rise in transaction volume. The issues were frequently resolved through arbitration and mediation due to the existence of arbitration provisions in the building contract and relevant legislation. As one of the country’s leading law firms, we are committed to offering all kinds of legal assistance to the client.
Because of its worldwide recognized team, Tahmidur Rahman & TRW Chambers has in-depth understanding about regulating construction and engineering.
CONSTRUCTION LAW F.A.Q. | Dhaka, Bangladesh Law firm
Why choose TR Barristers in Bangladesh for Construction related legal assistance?
TR Barristers in Bangladesh Associates brings to the table an array of experiences from the enormously complex – a dispute over the construction of floating oil platforms based in Chittagong Port – to the more common defective workmanship and delay claims between residential and commercial owners and contractors.
How does the team approach construction problems?
- Construction litigation involves numerous parties, experts grappling over technical details and construction schedules, and witnesses both lay and expert – as colorful and varied as the multiple contracts that joined the parties together in the first place.
- Proven track record in delivering flexible and innovative legal solutions.
Expertise of the Construction Law Team at TR Barristers in Bangladesh
- CoSolicitors with market acumen who understand the commercial realities of construction.
- Professional and responsive approach, tailored precisely to your needs.
CORPORATE LAW | Law Firm in Dhaka, Bangladesh
The Department deals with Corporate Transcations, Labour, Service tribunals & realted matters ,Real Estate & Property matters.
A lean, dynamic Corporate Law Team (Law Firm in Dhaka TRW Practice Areas| TR Barristers in Bangladesh| Tahmidur Rahman)
Tahmidur Rahman is aware that not all companies can afford (or find it sustainable) to hire a full-time in-house legal counsel / legal department to oversee the legal affairs of the company. At TR Barristers in Bangladesh Dhaka, we provide the option of “outsourcing” all your legal affairs by way of a monthly retainer with our firm. The benefits of doing so, instead of creating a permanent headcount in your company to hire an in-house legal counsel, are obvious (Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
17 Reviews
Delivering tailored legal advice to businesses.
- Mergers, demergers, acquisitions and disposals
- Asset sales and share sales
- Management buy-outs and buy-ins
- Restructuring, reorganisation and demergers
Venture Specialist Counsel
- Joint ventures
- Shareholder, partnership and franchise agreements
- Equity investment, equity reorganisation and capital reduction
Consistent Legal Advices
- Being in active practice, we are updated on the most recent major legal developments which ensures our advice is always up to date; and
- Our expertise extends beyond corporate advisory to dispute resolution. As such, we are strategically positioned to foresee and prevent disputes before they arise.
Corporate Assistances
- Group restructuring and reorganisation
- Incorporation of companies, partnerships and LLPs
- Partnerships, joint ventures, and shareholder agreements
Flexible Counsel Dynamics
- Lower costs;
- Instead of one in-house counsel, you have access to a team of three assigned lawyers from our firm;
- Correspondence can be issued on our firm’s letterhead to third parties in cases of disputes;
Major Areas of Corporate Department | Law Firm in Dhaka, Bangladesh
Because of the country’s latest fast economic growth and changes in tax legislation, capital market conditions, etc., our company community is now exploring numerous legal corporate opportunities that have been rarely used in the past. As local and foreign businesses operating in Bangladesh seek alternatives to develop and compete effectively in their own industry by combining with others and in unsuccessful instances seeking alternatives to decrease unnecessary costs and liabilities through liquidation, the demand for legal assistance is gradually growing.
Creditors are also venturing various ways under business and bankruptcy law to regain their duties as soon as possible as the traditional path of filing cash suit has proved futile exercise. Keeping the requirement in mind, we have launched a distinct corporate department that covers both corporate litigation and corporate transaction practice. TR Barristers in Bangladesh Chambers has in-depth understanding of corporate litigation regulation because of its worldwide recognized team. (Law Firm in Dhaka TRW Practice Areas TR Barristers in Bangladesh |Tahmidur Rahman)
Legal problems of labor and employment are very prevalent in Bangladesh’s business sector. It’s a periodic affair for them whether it’s a small business or a gigantic MNC dealing with employment law. Legal assistance is often needed to draft a letter of appointment, a service contract, a letter of termination, a disciplinary proceeding, etc. On the other side, established businesses often require legal assistance to prepare full HR policy in problems with Bangladesh labor and employment legislation. Needless to say, for the defense of instances lodged in labor courts, powerful legal assistance is often needed. To assist the company community, the ADR, Land and Tribunals team of TRW & Tahmidur Rahman, consisting of skilled attorneys, dealt effectively with the above issues. (Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
Legal problems linked to real estate and property can be split into (a) matters relating to freehold land and buildings, (b) problems relating to leasehold land and construction, and (c) problems relating to real estate development. Before acquiring land or long-term lease for business purposes, customers often require a thorough due diligence report on several complicated issues concerning land transfer authenticity, title, ownership and history. Only a physical search of books and records in a number of offices can provide the same, in addition to physical survey is often required to locate and measure the land. When due diligence is completed, if land / building / apartment is discovered to be satisfactory, the customer often requires help in preparing the registration of the Deed of Agreement for Sale (Baina); Sale Deed; Lease Agreement, etc., followed by mutation. Dealing with soil in
Bangladesh is a very complicated affair as there is no online search alternative. Clients who have not acquired or rented legal help later discover themselves falling into conflicts involving ownership, property, etc. Legal assistance is often needed in various tribunals and courts to resolve conflicts, which is a time-consuming affair. Comprehension of land papers requires important experience in the context of Bangladesh as land documents are by nature complicated. Furthermore, the search for authenticity of papers in land offices and the completion of registration and mutation etc. are qualified work that requires a high degree of knowledge and expertise in property matters. Our company has the correct individuals to do the work. For nearly 10 years, our Investment & Business Setup Team and ADR, Land & Tribunal Team have been dealing with land issues. (Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
Corporate Law| Dhaka, Bangladesh- F.A.Q.
Why choose TR Barristers in Bangladesh for corporate legal assistance?
Our corporate law team regularly acts for buyers, sellers and investors across a broad range of industry sectors. With a wide array of clients, from PLCs and household names to sole traders and partnerships, we have the expertise to advise on all manner of corporate transactions.
How do the team approach to Legal problems?
- Proven track record in delivering flexible and innovative legal solutions.
- Solicitors with market acumen who understand the commercial realities of business.
- Professional and responsive approach, tailored precisely to your needs.
Is it capable to deal with niche Commercial Disputes?
- Certified experience of advising on all aspects of corporate law.
- Far-reaching, specialist knowledge across a broad range of industry sectors.
- Multidisciplinary approach across corporate and commercial legal services.
What Sort of recognition TR Barristers in Bangladesh has?
- Total client focus, protecting their interests, minimising risk and maximising opportunities.
- Members of the Solicitors Regulation Authority and The Law Society.
CRIMINAL LAW | Dhaka, Bangladesh
The Criminal Law team deals with Bail applications, trial representations, appeals, revisions and 561A quashment applications.
A lean, dynamic CRIMINAL Law Team (Law Firm in Dhaka TRW Practice Areas| TR Barristers in Bangladesh Tahmidur Rahman)
Although nobody wants to face any case or litigation that is criminal or civil in nature but litigation is the true reality of life in Bangladesh for millions of individuals. In Bangladesh, court cases may be long but efficient legal service and court appearance by TRW Law Firm’s Barristers and Advocates would definitely be very efficient for you. (Law Firm in Dhaka TRW Practice Areas |Tahmidur Rahman)
17 Reviews
We will argue your case in any court and tribunal in Bangladesh.
- criminal cases at the Bangladesh Supreme Court’s
- Chief Metropolitan Magistrate Court
- Sessions Court and
- High Court Division of the Supreme Court of Bangladesh.
Charges
Criminal Defense
Criminal Prosecution
Assault & Threats Charges
Bribery Charges
Women & Child Abuse
Dowry Prohibition Cases
Criminal Case Types
- Nari o Shishu Nirjatan Daman Ain
- High Court Bail petitions
- Smuggling Division
- Anticipatory Bail
- Dowry Prevention case
- Narcotics case, etc.
Online crimes
Pornography
Misuse of Information Technology
- Defamation
Common Services
Drugs Related Crimes
Fraud & Breach of Trust
Extortion
Restraining orders
Sex Crimes
Human Traficking
Weapons Charges
White Collar Crimes
Major Areas of the Criminal Department- Law Firm, Dhaka
- BAIL, TRIAL , APPEAL & REVISION | DHAKA, BANGLADESH
- Criminal Prosecution & Defence | Gulshan 1, Law Firm Dhaka
TR Barristers in Bangladesh Associates are regarded by many to be a leading and specialized legal service provider in the area of specialist counseling, drafting and advocacy related to criminal prosecution & defence. Our attorneys can help you through advice and representation in criminal courts in any kind of criminal prosecution.
Our criminal lawyers are extremely experienced in dealing with all types of criminal law issues including bail, prosecuting wrongdoers under the penal code and other punitive legislation, and defending criminal cases. We are specialized in apps for Bail, trial, appeals, revisions and apps for 561A quashment.
There are two components of our litigation team: District Court & High Court teams. From filing to appeals / revisions & writs, we help in civil, criminal & high court litigation. (Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
The Government Enforcement and White Collar Crime Group at TR Barristers in Bangladesh and Tahmidur rahman is an internationally recognized leader in the representation of corporations, boards of directors, management and other individuals in connection with government investigations, enforcement actions, internal investigations, and white collar criminal prosecutions.(Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
CRIMINAL LAW F.A.Q. | Dhaka, Bangladesh
Does Bangladesh have the death penalty?
While some articles recognize global human rights, Bangladesh’s Constitution does not expressly recognize global human rights anywhere. Article 25 of the Charter recognizes the Charter of the United Nations. Article 47 recognizes international humanitarian law and stipulates that the Constitution shall not restrict the implementation of international treaties and war law.
If they are discovered guilty of offences against females and kids, a individual may receive the death penalty. The Women and Children Repression Prevention Act 2000 stipulates that the death penalty may be imposed for murder or attempted homicide involving burning, poisoning or acid. Causing serious bodily harm by burning, poisoning or acid if the victims are damaged to their eyesight, hearing, face, breasts or reproductive organs.
A proportion of crimes (crimes that do not lead to death) are punishable by death when committed by staff of the armed forces. These offenses include assisting the enemy, cowardice and desertion, and inducing the use of a truce flag or any act calculated to imperil Bangladesh to such and cowardly use.
Is digital evidence(video/image) admissible in Courts of Bangladesh?
Evidence Act of 1872 and the Code of Criminal Procedure (CrPC) 1898 prescribe no explicit provision recognising or approving of its admissibility into judicial proceedings but contain scope of judicial interpretation which may allow for the same.
The words “any matter expressed or described upon any substance by means of letters, figures or marks” under the elucidation of “Documentary Evidence” as codified in section 3 of Evidence Act, section 3(16) of General Clauses Act and section 29 of Penal Code can be interpreted to include digital evidence, since the word “matter” is a term of the widest amplitude.
Judicial interpretation articulates that digital evidence is an amplification of matter expressed or described upon digital substance by means of letters, figures or marks and inclusive of material and secondary evidence. It verbalises that the other forms of digitalisation have the same legal entity. If question as to authentication and tampering of digital evidence arises, the law prescribes gateway to remove any sort of doubt. Expert opinion rule under section 45 of the Evidence Act provides the scope to seek expert opinion of science. Search and examination rule of section 165 and 161 of the Code of Criminal Procedure empower the Investigating Officer to attach anything and examine its maker. This procedure may be followed to cross-examine the makers of the documentary evidence.
What role can Police play in arrest and detention according to the Bangladeshi laws?
A paper entitled’ Existing Laws, Rules and Procedures on Arrest and Detention’ (18 December 2014) has lately been prepared by the Bangladesh Police. These are based on the rules contained in the 1943 International Covenant on Civil and Political Rights, the Constitution, the CrPC, the Torture Act, the Children Act, the Police Regulations, and Supreme Court decisions.
The paper has not yet been officially enacted, but it will provide the police with formal instructions when it is. In reality, as they are based on the current law, the police are actually anticipated to follow most of what the guidelines already state and they are really just putting all the laws and regulations in place to make it simpler for individuals to follow. Therefore, we will refer to them in this Handbook where applicable.
Can you please provide the overview of Police arrest and detention guidelines in Bangladesh?
Part 1 – Arrest
- The national law related to arrest
- Responsibilities at the time of making the arrest
- The introduction of the use of electronic recording devices
- Searches undertaken during arrest operations
- Rules for dealing with military suspects/offenders
- The role of police supervisors and managers in the arrest process
Part 2 – Detention in Police Custody
- The national law related to detention in custody
- Interviewing of detained persons
- Ensuring the humane treatment of detainees
- The role of police supervisors and managers in detention and custody process.
What are the rights of suspects in Bangladesh?
Suspects and accused people have all of the rights listed in the Bill of Rights –even when they in detention. In other words, they are entitled to the freedom of thought and conscience and of speech (Article 39) and freedom of religion (Article 41). But while our human rights can never be taken away from us, most can be limited when there are good reasons for doing so. There are clearly very good reasons for keeping people in jail when they’ve committed a crime and so some of a person’s rights are limited in such cases.
DISPUTE RESOLUTION | Law Firm in Dhaka, Bangladesh
The DR team deals with Fruad and White collar crimes, Judicial Review of Administrative Action & Alternative Dispute Resolution.
A lean, dynamic Dispute RESOLUTION Law Team (Law Firm in Dhaka TRW Practice Areas| TR Barristers in Bangladesh| Tahmidur Rahman)
Our lawyers both prevent and resolve disputes by providing clients with practical, creative legal advice that focuses on their strategic and commercial objectives. (Law Firm in Dhaka TRW Practice Areas| TR Barristers in Bangladesh| Tahmidur Rahman)
17 Reviews
Negotiation
- Voluntary Negotiation
- Bilateral/Multilateral
- Non-adjudicative
- Confidential
- Flexible / Informal
Conciliation
- Out-of-court dispute resolution
- Confidential and Interest Based
- Non-binding settlement proposal
- Party autonomy
Vigorous courtroom strategy, multi-party and class action lawsuits
- Taming professional objectors
- Highlighting non-monetary relief
- Managing multi-year payouts
- Heading off problems beforehand
Mediation
- Facilitating a consensual agreement
- Court-mandated resolution
- Conciliatory role / Pro-Active Mediation
- Conversion to Arbitration
Conflict resolution
- Aggression/ Defence based approach
- Adjudication
- Responsive Case Management
Appellate proceedings
- Commercial contracts and agreements
- Regulatory and legislative issues
- Restructuring and insolvency strategies
- Exit and succession planning
Major Areas of the ADR Department | Law firm in Dhaka, Bangladesh
Alternative dispute resolution involving arbitration, mediation & negotiation or mutual conciliation is gaining popularity in Bangladesh owing to multiple awareness-raising initiations from various angles. Nowadays, business groups are more or less conscious of ADR. Dispute resolution clauses are usually discovered in most contracts in the contract covering all three processes, such as building, commercial, joint venture arrangements, etc. (Law Firm in Dhaka TRW Practice Areas TR Barristers in Bangladesh| Tahmidur Rahman)
In addition, our Code of Civil Procedure makes it compulsory for the tribunal to attempt ADR before going to trial. ADR is gaining popularity in Bangladesh due to lengthy delays in resolving conflicts in court. Over the past few years, our company has witnessed growing numbers of local arbitration & mediation. For the efficient disposal of issues in this region, a distinct team of attorneys is allocated. (Law Firm in Dhaka TRW Practice Areas| TR Barristers in Bangladesh| Tahmidur Rahman)
Bangladesh is an evolving South East Asian country with a qualified workforce and a powerful collective desire to eliminate poverty. The nation as a whole is attempting to enhance its standard of living and per capita revenue. Although there is a important business and commercial transaction, there are also activities that are categorized as company offenses. Legal support is needed to cope with fraud in local and international trade, fraudulent employee misrepresentation, fraudulent check dishonor, etc. In addition to knowingly or unknowingly, businessmen are often subjected to financial crime such as TAX evasion, infringement of Foreign Exchange Regulation (FOREX), money laundering, terrorist financing, etc., which require powerful legal aid. As a result of technological development, the capacity of hackers to commit such offences involving misappropriation of cash, information, etc., known as cybercrime, is also quickly growing and a special tribunal is also being set up to deal with the complaint. In the corporate and commercial arena, on the other side, instances related to libel and slander under the Penal Code are also not very rare. (Law Firm in Dhaka TRW Practice Areas | TR Barristers in Bangladesh| Tahmidur Rahman)
The Chambers of TR Barristers in Bangladesh from this very beginning are involved in offering legal help in this region of practice to the public sector and private enterprises. (Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
Regardless of any industry in which our customers work, everyone is subject to some sort of regulation whether it concerns their particular industry in which they work or prevalent issues such as taxation, banking, property acquisition, etc. Business transactions, licenses, licenses and all other company operations of a company or person are often subjected to various regulatory problems and conflicts due to intervention or inaction by the public authority involved. Procedural violations or administrative actions have been arbitrarily, unreasonably etc. taken in malice can be resolved rapidly by reviewing judicially the same popularly recognized as filing writ petition before Hon’ble High Court, where no other effective alternative forum is accessible.(Law Firm in Dhaka TRW Practice Areas, TR Barristers in Bangladesh| Tahmidur Rahman)
To bring a case for judicial review effectively and effectively needs in-depth understanding of the legislation of a specific industry and experiences as well. From the very beginning, our company has been dealing with writing petitions involving a number of industries for example, Customs, Banking, Securities, Land, Taxation, Power & Energy to have in-depth knowledge and understanding of the power industry legislation & regulations. (Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
Dispute Resolution- Law Firm in Dhaka | F.A.Q.
Why choose TR Barristers in Bangladesh Attorneys for ADR?
Lawyers at Tahmidur Rahman are active in all sides of ADR, including as arbitrators, mediators and facilitators. We understand the process, what works, and –perhaps most importantly – what doesn’t work.
Why do TR Barristers in Bangladesh suggested to go for ADR?
We understand disputes are a part of doing business, and happen no matter how hard a company may try to avoid them. And with it becoming standard to require ADR in business contracts, companies need lawyers who have been in the arena and understand how to devise successful strategies to resolve the dispute in their client’s favor.
Why alternative dispute resolution instead of all action Lawsuit?
Some clients prefer to use ADR instead of the court system for several reasons, including:
- Confidentiality/no public record
- Reduced costs
- Learned fact-finders, instead of a public jury
FAMILY LAW | Dhaka, Bangladesh
The Family Law Department deals with conflicts and problems related to marriage, divorce, ward ship & child custody.
A lean, dynamic Family Team | Dhaka, Bangladesh (Law Firm in Dhaka TRW Practice Areas| TR Barristers in Bangladesh| Tahmidur Rahman)
TR Barristers in Bangladesh attorneys are involved in the preparing of several family law papers including wills, attorney’s authority, divorce and related problems of economic and child custody, negotiations conducted at different phases to resolve the conflict out of court. Bangladesh’s field of family, succession and trust law is quite vast as distinct regulations are relevant based on multiple variables such as one party’s religion and position, but we are proud to announce our achievements through years of achievement. (Law Firm in Dhaka TRW Practice Areas| TR Barristers in Bangladesh| Tahmidur Rahman)
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Muslim Family Laws Ordinance 1961 - Procedure of Talak
7. (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.
8. Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolve the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.
Inheritance, Section 04 Muslim Law Act
The Islamic law of inheritance does not all together deny the grandchild of the propositus their right to inheritance. Sunni Law places them in the list of quranic sharers. Unless excluded otherwise, they inherit from their grandparent. The doctrine of representation comes into question in case of allotment of their shares. The doctrine is accepted at least for two purposes:2
A) For the purpose of determining who are entitled to inherit
However while using the doctrine of representation for the purpose of determining who are entitled to inherit, the principle of exclusion (nearer in degree excluding the remote) is not curtailed or suspended. Thus if A dies leaving him surviving a son and grandsons by a predeceased son, the grandsons are excluded from inheritance by their uncle. They do not take in their father’s stead though he would have been an heir had he survived his father. This is true in Shia and Sunni Law alike.
B) For the purpose of determining the share of the heirs. But if both sons predeceased the propositus who died leaving three grandsons by one son and two by the other then all the grandsons are heirs. In that case, the principle of representation is applied in Shia Law for the purpose of ascertaining the share of each grandson. If the principle is applied, the estate of the propositus shall be distributed per stripes among the grandchild. The grandsons of one branch will have to divide into three what the grandsons of other branch will divide in half. However Sunni Law does not recognize representation in that case. The five grand sons shall inherit per capita in their own rights as heirs of the propositus, not as the representatives of the predeceased son or daughter.
Maintenance for Child
Even if the children prefer to live with their mother due to natural affection or attachment for her, that would not in any way affect the liability of the father to maintain the children. If the father objects to the custody of the children and wants to assert his own legal right, the proper course for the father would be apply for their custody, but so long as the custody of the children remains with the mother, he cannot on any plea refuse to pay maintenance for the children.
Jurisdiction of Family Courts as defined by the Family Courts Ordinance, 1985:
Subject to the provisions of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), a Family Court shall have exclusive jurisdiction to entertain, try and dispose of any suit relating to, or arising out of, all or any of the following matters, namely:-
(a) dissolution of marriage;
(b) restitution of conjugal rights;
(c) dower;
(d) maintenance;
(e) guardianship and custody of children.
Restitution for conjugal Rights
Section 5(b) of the Family Court Ordinance, 1985 and section 281 of the Mohammadan Law provides that where a wife without lawful cause ceases to cohabit with her husband, the husband may sue the wife for restitution of conjugal rights. The language used in both the sections of law is one and the same. The view taken by a Single Judge of the High Court Division that “the law of restitution of conjugal rights is void” while exercising power under section 115 of the Code, cannot be endorsed to strike down a piece of legislation practiced over a long period. The legitimacy or otherwise of a valid piece of legislation can only be decided in writ jurisdiction under Article 102 of the Constitution.
Jurisdiction of Family Court
a. Dissolution of marriage;
b. restitution of conjugal rights;
c. dower;
d. maintenance
e. guardianship and custody of children.
From the expression “other laws” used in Section 3 of the Ordinance, it appears that the Family Courts Ordinance, 1985, controls the, Muslim Family Laws Ordinance, 1961, and not vice versa. Any person professing any faith has a right to bring a suit for the pur. poses mentioned in Section 5 of the Family Courts Ordinance. A Hindu wife is therefore entitled to bring a suit for maintenance against her husband under the Family Courts 0rdinance.
Major Areas of the Family Law Dept. | Law Firm in Dhaka, Bangladesh
- Divorce Law firm in Dhaka Bangladesh
- Child Custody Law | Law Firm Dhaka
- Family Law Matters | Law Firm in Dhaka
TR Barristers in Bangladesh has a committed Divorce lawyers frequently as well for litigation before subordinate and higher courts. The department has experiences in all conflicts and problems related to marriage, divorce, ward ship, child custody, residence, and all related economic claims, including maintenance, assets, lump sum, etc. We strive to combine our significant knowledge and experience with an attitude to comprehension and caring. (Law Firm in Dhaka TRW Practice Areas, TR Barristers in Bangladesh| Tahmidur Rahman)
One of the most significant fields of law we concentrate on in our practice is family conflict. With the shift in time, there are increasing numbers of family conflicts in Bangladesh, including divorce and guardianship.
In the mode of Dowry, torture, attack, rape, strangulation, acid throwing, amount of unique acts have been implemented to redress the “abuse in the family” and they are in complete impact. Although the Penal Code of 1860 remedies some of the offense, some are subject to particular enactments. (Law Firm in Dhaka TRW Practice Areas, TR Barristers in Bangladesh| Tahmidur Rahman)
TR Barristers in Bangladesh has a devoted team of Child Custody lawyers who frequently as well as aim for ADR and participate in litigation before subordinate & higher courts. Bangladesh has traditional family values and a conservative society where social stigma, superstitions and family-related taboos can be hard to seek justice. Our team has extensive experience dealing with complex family problems.
In Bangladesh, we adopt the 1985 Family Court Ordinance and the Guardians and Wards Act (GWA) 1890 when dealing with child custody and care cases. Under the law, a dad is the child’s legal and natural guardian until they reach the age of majority under the land’s general law, namely the 1875 Majority Act. But in the event of a male kid, the mother has the right of protection up to seven years of age, and in the event of a female kid up to the era of puberty. Different precedents have also been created in this connection by the choices of the greater courts; and the essence of such choices is that the authority of the family court to determine a party’s right to the custody of a baby is not restricted to the mere observance of the’ age rule,’ the notion of the welfare and best interests of the minor child is essential. Therefore, it is permissible to deviate from the literal implementation of the age rule where the welfare of a child is in question. (Law Firm in Dhaka TRW Practice Areas, TR Barristers in Bangladesh| Tahmidur Rahman)
Under Islamic law, even if the mom has her children’s physical custody, dad remains the child’s guardian as he is expected to financially assist the child. It should be noted, however, that in the prevailing social set-up where the father is not the sole financial contributor and the mother shares financial responsibility and in many cases is the main contributor to the family’s financial needs, then the privilege of’ personal and property guardianship’ should also apply to her (PLD 1963). (Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
In our country’s land, it is evident to note that the disputes over the conjugal status are shaded by the pretense of happiness that, in turn, erupts in a heart-breaking scenario. The fragile status of such family or marriage or conjugal relationship has a direct effect on the land’s social infrastructure. Our lawyers in TR Barristers in Bangladesh have commending reputation to aid distressed families in such vulnerable situation. (Law Firm in Dhaka TRW Practice Areas, TR Barristers in Bangladesh| Tahmidur Rahman)
Family Law F.A.Q. | Law firm in Dhaka, Bangladesh
How divorce works in Bangladesh?
In Bangladesh, the divorce is now a legal problem and such legal problem always addresses and deals with all three phases of divorce, that is, before sending the divorce notice, the statutory waiting period of 90 days and the expiry of the statutory period. Although divorce happened between the husband and wife, it sometimes impacts more socially than the pair, for example, their close family members and friends. Divorce is a legal matter, but sometimes it also includes social effect around the family of the couple.
In Bangladesh, it is a common scenario that a mere divorce between people raises many legal issues that lead the couple to the courts. In such a scenario, divorce lawyers / divorce lawyers can become such a couple’s loyal and trustworthy friend for a secure manner out of such problems. So, if someone goes through a divorce, it is highly recommended to prevent jail, compensation or unwanted hassle, he / she must obtain professional assistance such as employing a Bangladesh Divorce lawyer.
What's the procedure of Talaq in Bangladesh?
Section 7 of the 1961 Muslim Family Law Ordinance states the procedure of Talaq:
(1) Any man who wishes to divorce his wife shall, as soon as possible after the pronouncement of Talaq in any form whatsoever, give the chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2) whoever contravenes the provisions of sub-sec(1) shall be punishable with simple imprisonment for a term which may extend to one year or with fine which may extend to{ten thousand Taka} or with both.
(3) save as provided in sub-sec(5), a Talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of 90 (ninety days) from the day on which notice under sub- section (1) is delivered to the chairman.
(4) Within thirty days of the receipt of notice under sub-section (1), the chairman shall constitute an arbitration council for the purposes of bringing about a reconciliation between the parties, and the arbitration council shall take all steps necessary to bring about such reconciliation.
(5) If the wife be pregnant at the time Talaq is pronounced, Talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be letter, ends.
(6) Nothing shall debar a wife whose marriage has been terminated by Talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.”
How the concept of Dower/Denmohor in Bangladesh?
It should be noted that , giving notice for divorce is itself a presumption that the Dower Money (Mohrana) has been paid in full but in practice this is not the case as as in most scenarios it has been appeared that a part or full Denmahar is unpaid and then it becomes the duty of the divorce lawyers to ensure payment of dower before completion of Divorce. Furthermore, at the time of instigating the divorce process the husband should be informed about paying three months maintenance (Iddat) to the wife and other maintenance for the children. Just to avoid court proceedings a lawyer communicates with the notice receiver (wife) and try his/her best for negotiating all the monetary issues involve in the divorce. For the wife, above said three steps are applicable for divorce but technically and legally she is not in a position to pay any Dower Money to her Notice receiver husband though she will be responsible for maintenance of her minor children.
The notice receiver wife can file a suit under the Muslim Family Law Ordinance 1961 for dower money and maintenance for herself and the children living with her in a family court , which in nature is a civil suit.
The Supreme Court of Bangladesh held that “Talaq in any form shall not stand effective and talaq shall not be talaq in the eye of law unless provision contained in section 7 (1) of the Muslim Family Laws Ordinance 1961 is sternly complied with…”. So even Supreme Court of Bangladesh made it clear that a divorce must follow the above three steps divorce procedure otherwise such divorce will not legally valid.
If a Notice was served and Talaq was registered under Section 6 of the Marriages and Divorces (Registration) Act 1974 as stated above, a legal Divorce or Talaq will be executed. It should be noted that Muslim Divorce in Bangladesh does not involve any court proceedings.
What's the procedure of Muslim Divorce?
It is prevalent practice in developed countries that the couple require and/or prefer lawyers or lawyers for a divorce or separation, but so far the sides in Bangladesh do not always want to employ lawyers for divorce. The reason behind this approach is not only the couple’s economic weakness, but also the absence of knowledge about the judicial complication they may encounter, usually the husband, as they go through such divorce proceedings.
Even today in Bangladesh, there is a sharp absence of practice in terms of mutual separation or divorce like the developed countries, although law for mutual divorce in Bangladesh is already accessible. Naturally, if one party in very few instances wishes to separate from his / her spouse, the other party recognizes the same thing that causes the party receiving the divorce notification to file legal suit, for real cause or not, in order to prevent the separation.
Bangladesh’s divorce law contains both Muslim sharia divorce i.e. Pronouncing the Talaq term and registering Talaq with a Muslim marriage and registering Talaq or Kazi. Talaq’s operation is explained in Section 7 of the 1961 Muslim Family Law Ordinance.
What's the process of registration of Talaq?
Section 6 of the Marriages and Divorces (Registration) Act 1974 explains the registration process and requirements of Divorce or Talaq. They are as follows:
(1) A Nikah registrar may register divorce effected under Muslim law within his jurisdiction on application being made to him for such registration.
(2) An application for registration of a divorce shall be made orally by the person or persons who has or have effected the divorce. Provided that if the women be a pardanshin, such application may be made by her duly authorized Vakil.
(3) The Nikah registrar shall not register a divorce of the kind known as talaq-i-tafweez except on the production of document registered under the registration act,1908, by which the husband delegated the power of divorce to the wife or of an attested copy of any entry in the register of marriages showing that such delegation has been made.
(4) Where the Nikah Register refuses to register a divorce, the person or persons who applied for such registration may, within thirty days of such refusal, prefer an appeal to the Registrar and the order passed by the register on such appeal shall be final.”
So in summary the process of divorce in Bangladesh just in three steps for both Husband and Wife (When power of giving Divorce has been delegated in the Kabin under section 8 of the 1961 Ordinance) who are looking for separation:
1. GiveNoticeinwritingtootherpartytothemarriageandChairman
2. FacetheArbitrationBoardforreconciliation;and
3. Afterexpiryof90daysreceivearegistrationcertificatefromaregisteredNikahRegistrar
(Kaji).
What's the complication of Divorce Procedure in Bangladesh?
Before beginning the divorce proceedings, the Divorce Lawyers in Bangladesh were asked a very prevalent query as to whether or not his spouse can lodge a criminal case against him. Giving divorce to his spouse is a husband’s statutory right acknowledged by Muslim family legislation, and if delegated by the husband under section 8 of the 1961 Ordinance, the spouse has the same right.
When discussing the problems of divorce, it is very essential to consider the legislation of Nari-O-Shishu Nirjatan Daman Ain, 2000 and the Dowry Prohibition Act, 1980.
In most cases where the husband served his partner / wife with a divorce notice, he / she initiates a / several criminal cases against the notice sender after being informed of the divorce notice. In all instances, spouse does not confess to obtaining the Notice by displaying a date of occurrence before the notice deadline. Most of the moment the criminal cases were submitted before the learned Magistrate who forwarded most of the instances to the police stations involved with instructions to take legal action after investigation or record the same as the First Information Report (FIR). For instance, in section 3 & 4 of the 1980 Act, the sufferers who have encountered such false instances under some prevalent parts of the above 1980 and 2000 Acts explain penalties for providing or taking dowry and penalties for requesting money. In addition, section 11 of the 2000 Act deals with the allegation that husband or family members are physically hurting a spouse while requesting dowry.
FINANCE LAW FIRM | Dhaka, Bangladesh
The Finance Department deals with Banking, Finance & Investment, VAT, Tax and Customs related matters.
A lean, dynamic FINANCE Law Team (Law Firm in Dhaka TRW Practice Areas| TR Barristers in Bangladesh| Tahmidur Rahman)
We have a long history of acting for banks and other financial institutions. We advise them on corporate, real estate, project and lease finance transactions as well as compliance, regulatory and other general banking matters. We have a particularly strong client base among international overseas banks with branches in Dhaka. (Law Firm in Dhaka TRW Practice Areas Tahmidur Rahman)
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Trade and Commodities finance
- Commodity and other trading disputes
- Futures, options and other derivatives
- Trade finance
- Letters of credit
- Insurance
- Electronic shipping and trade documentation
- Warehousing
Project finance, PFI/PPP
- Industrial Project Development & Finance
- Private Equity
- Government Contract Matters
- Transportation & Logistics
Banking
- Recovery and resolution / Insolvency
- Credit and structured finance
- Goverment Enforcement proceedings / Regulatory
- Cryptocurrencies & blockchain
- Investment disputes
Real estate finance
- Advising on and negotiating corporate transactions
- Preferred equity structures
- Advice on Construction loans, Agency Loans
- Advice on distressed debt resolutions
- Lines of credit, warehouse lines, and syndicated and securitized loans
- Structuring and documenting financings secured by real property
Ship finance
- Private equity and venture capital investment
- Finance, banking and taxation
- Overseas investments
Corporate finance
- Commercial contracts and agreements
- Regulatory and legislative issues
- Restructuring and insolvency strategies
- Exit and succession planning
Major Areas of the Department
- Banking, Finance & Investment Law | Dhaka, Bangladesh
- VAT, TAX & Custom Related Law | Dhaka, Bangladesh
- Corporate Finance Law | Dhaka, Bangladesh
- Equipment, Leverage and Asset Based Finance Law | Dhaka, Bangladesh
In Bangladesh, legal services are in high demand in the region of banking finance and institutional investment. Our central bank enables global banks and global organizations to lend to local entrepreneurs in particular circumstances. For such global banks and organizations, legal service is often needed on regulatory banking. In addition to syndicated loans, project financing requires powerful legal assistance from local and foreign banks. On the other side, businesses often require legal assistance for problems linked to regulatory problems such as foreign exchange, loan inflammation, general banking and financial regulation. (Law Firm in Dhaka TRW Practice Areas TR Barristers in Bangladesh Tahmidur Rahman)
Bank and financial institutions receive legal assistance from attorneys for safety paperwork, such as mortgage, mortgage, mortgage, etc., and registration. Specialized financial institutions take expert legal assistance for funding venture capital, equity, Islamic finance, offshore banking, etc. Due to the liberal strategy adopted by the central bank in latest years, complex operations and investments for e.g. factoring are now slowly becoming common. For such transactions, expert legal assistance is essential. Related litigation is a prevalent problem for both borrower and lender recovery where both require ongoing legal assistance. (Law Firm in Dhaka TRW Practice Areas, TR Barristers in Bangladesh| Tahmidur Rahman)
In Bangladesh, legal aid linked to VAT, tax and customs is high in demand. Because of its complexity, especially for businesses, fresh investors & businessmen knowing the various formalities concerning taxation is a major challenge. (Law Firm in Dhaka TRW Practice Areas TR Barristers in Bangladesh| Tahmidur Rahman)
With income tax in specific, separate statutory requirements for e.g. revenue advance tax, source tax deduction, tax exemptions, tax rebate, processes for filing annual tax returns along with their estimates, etc., and their correlation, which can be found hard without adequate understanding.
Fully fresh laws, on the other side, apply to VAT. Equally complicated is the understanding of advance ATV (advance trade VAT), VAT rebate / input at various trading phases, consumer commitments, suppliers, service providers and various MUSAK filings along with the filing of monthly returns. (Law Firm in Dhaka TRW Practice Areas, TR Barristers in Bangladesh| Tahmidur Rahman)
Finally, laws and regulations relevant to multiple custom duties, complementary responsibilities, regulatory responsibilities and their relationships with HS code and product valuation are a complicated area of law requiring sound understanding to cope effectively with the problem. In the event of any dispute, legal assistance is often needed to challenge any claim, issue, order before the Higher Authority or Tribunal that may even go up to the Division of the High Court & Appellate. For such facilities, the TR Barristers in Bangladesh Chambers has years of experience. (Law Firm in Dhaka TRW Practice Areas TR Barristers in Bangladesh| Tahmidur Rahman)
Tahmidur Rahman Remura Wahid Partner’s Project Finance Practice Team offers a full variety of legal expertise to finish advanced, extremely structured national and international project funding effectively. For nearly three decades, our attorneys have been active in project financing transactions. Skilled documentation professionals are joined by lawyers with industry-specific expertise in energy, telecommunications, resources, environmental management, transport infrastructure, health care and emerging markets. We provide integrated capacity to financial institutions, sponsors, borrowers, agents, investors and underwriters together with assistance from environmental, tax, government finance, real estate, securities and insurance attorneys.
In relation to traditional project funding models, corporate finance lawyers evaluate, structure, negotiate and document a complete range of project funding cars, off-balance sheet and restricted resource funding, leveraged lease and other structured machinery funding, industrial income bond funding, and build-own / build-own-transfer systems (BOO / BOT). Often, our lawyers create innovative project financing cars, such as lease-securitized tax-exempt bond funding and statutory debt offerings.
TR Barristers in Bangladesh attorneys advise customers involved in a broad spectrum of industrial and infrastructure projects, including power generation, waste management, water and mineral resources, air and ground transport facilities and other infrastructure projects, as well as telecommunications, healthcare and various industrial and manufacturing facilities throughout the world.
Equipment Finance in TR Barristers in Bangladesh:
Practice Few fields of financial practice have seen higher growth than the arena of equipment financing. Highly leveraged funding structures developed from easy working leases into complex tax and advantageous structures in the balance sheet. Likewise, the experience of Tahmidur Rahman attorneys has developed, allowing us to advise lenders, lessors, lessees, suppliers, conduits and credit enhancement suppliers on debt financing, including secured and unsecured loans, pre-delivery financing and cross-border financing; lease financing, including single-investor leases, leveraged leases, tax transfer agreements and sale-lease contracts. Our attorneys structure, negotiate and document the funding on behalf of producers, lenders / lessors, borrowers / lessees, retailers and end consumers of aircraft, rolling stock, cars and other ground transportation equipment, consumer equipment and farm, building, industrial and office machinery.
The Leveraged Finance Practice in TR Barristers in Bangladesh:
The cash flow sensitivity of leveraged economic transactions introduces both chance and danger to financial institutions and other senior debt lenders offering the required loan infrastructure for purchases, leveraged buyouts, recapitalizations, restructuring and refinancing. Corporate Finance Group lawyers efficiently and effectively serve lenders and borrowers through the use of a broad spectrum of model credit papers created over centuries of experience. The credit documentation lawyers of TR Barristers in Bangladesh concentrate on short-term paperwork, combined with the thorough legal due diligence needed to safeguard our customers ‘ interests. Working with lawyers in our industry-specific practices, such as healthcare, insurance brokers, real estate, energy, telecommunications, transportation facilities and infrastructure, the Corporate Finance Group provides a wide variety of abilities to senior lenders engaged in leveraged funding transactions.
Asset Based Finance in TR Barristers in Bangladesh:
Documentation, tracking and financial reporting of the Asset-Based Finance Practice are essential for effective asset-based or collateral-based funding. In this industry, the Corporate Finance Group offers financial institutions with the required expertise to structure, negotiate, document and restructure asset-based financial operations effectively. Tahmidur Rahman Remura Wahid Partner’s corporate finance lawyers also provide asset-based lenders with concise, definitive guidance in managing complex loan agreements, including ever-present problems of intercreditors and subordination.
Banking law, Firm in Dhaka- F.A.Q.
Why choose TR Barristers in Bangladesh for Banking and Finance Law?
TR Barristers in Bangladesh Lawyers provide advice on all issues that affect financial industry: financial markets, financial institutions and financial trasactions. Within these, our primary focus is on corporate finance and banking, for the bank continues to prevail as the most important financial instititution in the Bangladesh’s financial sector. We cover not only regulative law, but also commercial law that is relevant for the most important financial transactions.
Does the practice area extends to guarantee issues?
Yes, we take keen interest in restructuring, loans, guarantee issues and regulatory matters.
What's the experience of TR Barristers in Bangladesh in Finance Industry?
We provide advice on a wide range of banking law matters and securities transactions. Our clients include banks and other financial institutions as well as their customers.
Our multi-jurisdictional capacity and technical expertise enables us to provide a national (Bangladesh), international and European perspective coupled with a knowledge of national legal systems.
TR Barristers in Bangladesh specialises in complex finance transactions and has extensive knowledge of acquisition finance, structured finance, capital markets, project finance, real estate finance and corporate trusts.
INTERNATIONAL LAW | Law Firm in Dhaka, Bangladesh
The International Team deals with International Law, Cross Border Matters and International Arbitration.
A lean, dynamic INTERNATIONAL Law Team
Bangladesh is constitutionally dedicated to respecting international law, despite the dualistic legal tradition. In addition, Bangladesh ratified all the core international instruments of human rights, most of which stayed unincorporated within national legislation, leaving the country’s situation unclear as to the domestic implementation of international law.
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Private International Law
- International Commercial Litigation
- International Personal Injury Litigation
- International Business Transactional Matters
Global Citizenship
- Fair and ethical operations
- UN’s Sustainable Development Goals
- Slavery & Human Trafficking
Apparel Industry | Bangladesh & International Law
- Expropriation of a factory products
- Concerning damages owed due to the breach of a charter party
- Dispute concerning joint fabric projects or marketing campaigns
- Construction arbitration on behalf of Foreign Subcontractors
Public International Law
- Conflict of Laws
- SAARC
- Hague Convention on Service of Process,
- The Apostille Convention
International Arbitration
- Technical disputes in the chemical, oil & gas, renewable energy, construction & engineering
- Disputes in distribution, finance, media, automotive, aviation, logistics, IT, telecommunications, hospitality, infrastructure
- Shipping, steel and transportation industries,
Pharmaceutical Industry | Bangladesh & International Law
- Dispute over the licensing of generic drugs
- Commercial contracts and agreements
- Regulatory and legislative issues
- Restructuring and insolvency strategies
Major Areas of the Department
- International Law | Dhaka, Bangladesh
- Cross Border Matters Law | Dhaka, Bangladesh
- International Arbitration | Dhaka, Bangladesh
There are generally two distinct categories of international law. International public law and global private law. Public international law is the collection of country-binding laws, agreements and treaties. It usually comes from three sources: treaties, customs and general legal principles. The interactions between countries and international organizations are concerned with public international law.
On the other side, private international law is a set of guidelines used to resolve legal conflicts between personal people crossing international boundaries. Where there is a dispute between two sides with distinct legal systems in distinct nations, private international law enables a court or tribunal to determine the relevant dispute resolution forum and which country’s substantive law will be used to determine the matter. Although it is referred to as’ international law,’ it is actually a body of domestic law and each nation has its own set of international private law.
International law is becoming increasingly important to countries, international organizations and multinational corporations due to the flow of worldwide investment and trade. In both controversial and non-contentious issues, global attorneys represent nations, international organizations, state enterprises and MNCs. TR Barristers in Bangladesh’s Chambers advises customers on issues concerning international law, both controversial and non-contentious.
Bangladesh is one of the major clothing, pharmaceutical and leather products producers. Due to trade development, the quantity of international trade in various areas of the globe is growing. As the quantity of trade increases, so does at the same moment the amount of cross-border conflicts and demands. The conflicts generally involve international trade and trade involving cargo loss, faulty cargo delivery, payment default, etc. In addition, there are also big numbers of cross-border conflicts over payment, investment, shipping. The only recourse available in the lack of any arbitration clause is to depend on the principle of conflict of legislation and to select suitable forums where the matter can be brought before the Court of Justice. Forum shopping is, as contesting sides rarely reach an agreement on a forum, historically challenging job.
Legal service in cross-border matters is complicated because it requires distinct jurisdictional knowledge and skills. From the context of Bangladesh, cross-border legal services in the field of international trade, insolvency, shipping, data technology, accusations for sharing, etc. TR Barristers in Bangladesh’ as a major law firm had the chance to deal with a number of cross-border issues.
Because of the rise in trade & investment volumes and cross-border transactions involving Bangladesh, cross-border contracts are signed with the common arbitration clause of ICC, SIAC, HKIAC, ICSID etc. where the arbitration session is frequently held outside Bangladesh. The country’s associated service industries are experiencing noticeable development. One such service sector is presently in demand in international arbitration. In any international dispute, where one of the Parties is from India, Pakistan or Bangladesh, it is always advantageous for the Parties and the organizations concerned to have well-versed arbitrators with an knowledge of the Parties ‘ language, culture and special needs. If the arbitrator is appointed from the same region, the party-appointed arbitrator is always better served. Our international department consists mostly of attorneys from the team of ADR, Land & Tribunals, TR Barristers in Bangladesh offering services for global arbitration to our local and global customers.
International law, Dhaka, Bangladesh-F.A.Q.
What is international arbitration in regards to Bangladeshi Law?
One of the most frequently asked questions by customers in TR Barristers in Bangladesh is what is Bangladeshi law international arbitration? International arbitration is a technique of dispute resolution favored by trading parties because it provides parties more flexibility than litigation and because many think that arbitral awards are easier to enforce than decisions. The sides to a conflict agree in arbitration to use arbitration instead of litigation through an arbitration clause in a contract or a subsequent arbitration agreement.
International arbitration in Bangladesh or other nations is often very distinct from arbitration. For instance, there is no official discovery or disclosure in some international arbitration proceedings. For more information on international arbitration and the services provided by Tahmidur Rahman as an international arbitration lawyer, please see the seperate IA department cards below.
Can an arbitration award issued by a tribunal in Bangladesh or a foreign country be enforced through Bangladeshi courts against assets located within, or outside of Bangladesh?
Yes. Once an arbitral award is “domesticated” in a high court in Bangladesh, the tribunal issues a decision that can be implemented in Bangladesh against non-sovereign debtors against assets outside Bangladesh. To do so, a turnover order with branches in Bangaldeshi is used against overseas banks.
What Sort of recognition TR Barristers in Bangladesh has in regards to International Arbitration?
- Total client focus, protecting their interests, minimising risk and maximising opportunities.
- Tahmidur Rahman is also highly experienced in international arbitration proceedings, from obtaining arbitral awards to enforcing and collecting them from countries all over the world.
INFORMATION TECHnology Law | Dhaka, Bangladesh
The IT lawyers of TR Barristers in Bangladesh and Tahmidur Rahman deals with Intellectual Property Matters and due regulatory compliances of Information Technology laws.
A lean, dynamic Information Technology Law Team
In the technology world, we’ve seen change and innovation happen at a rapid pace. To succeed, companies need strategic legal partners that can provide unprecedented service and innovation. TR Barristers in Bangladesh Law Firm in Dhaka, Bangladesh is that type of partner.
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Intellectual Property
- Assistance in all matters relating to copyright and related liberties, trademarks, patents and expertise
- how to help in all copyright components, including contracts, negotiations and enforcement of copyright and litigation
- IP transactions, including franchising and licensing
- IP due diligence
- Advice on Intellectual Property generated by employees and independent contractors.
Computer software
- Negotiation and drafting of software development contracts, outsourcing and cloud computing
- Counsel on software distribution, negotiation and drafting of multiple software-related contracts, including service contracts, software distribution, reseller and license contracts
- Advice on tax-related software transactions, including implementation of the DPDT Bangladesh VAT exemption for certain software
Cyber Law
- Bail or Anticipatory Bail for IT matters
- Filing Cyber Cell Police Complaint
- Network Deployment
- E Contracts
- Credit Card Fraud
- Online Banking Fraud & Scams
- Blocking defamatory websites, webpages
Trademark registration and others
- Trademark registration, including previous search, trademark registration advice, trademark prosecution from filing an request until obtaining a trademark registration certificate
- Trademark cancellation
- Trademark infringement
- All other matters relating to the use of a trademark (renewal, modification of trademark registration, trademark registration and license arrangements with the Department of Patents, Designs and Trademarks (DPDT), Dhaka, Bangladesh
IP Taxation Advices
- We will help you in all tax problems concerning IP operations, including the payment of royalties, the implementation of double taxation treaties, the assessment of appropriate tax hazards, the allocation and licensing of software and other IP marketing, tax structuring and all other tax law problems
Information technology and personal data protection
- Advice on internet related transactions including IP and service agreements
- Advice on all internet related issues
- Compliance with Bangladesh’s private information laws, preparation of papers needed for compliance with Bangladesh private information law, cross-border transfer of private information, processing of personal information in DPDT Bangladesh and related legal and factual hazards
Major Areas of the Department
- Intellectual Property Law | Firm in Dhaka, Bangladesh
- Information Technology | Law Firm in Dhaka, Bangladesh
- Cyber Law | Law Firm in Dhaka, Bangaldesh
Intellectual Property (IP) legislation is not new from Bangladesh’s view. Bangladesh’s patent and industrial design law dates back to 1911. Whereas in 2000, the copyright act revoked the 1962 Ordinance. Bangladesh is a member of the World Organization for Intellectual Property (WIPO). The nation ratified the 1991 Paris Convention on the Protection of Industrial Property as well as the 1999 Berne Convention on the Protection of Literary and Artistic Works and a WTO TRIPS signatory.
In addition to the periodic exercise of attorneys and other professionals in searching, filing, publishing and contesting patents, copyright, trademark, design rights, data IP rights have assumed critical significance and have now entered the mainstream IP works.
A common challenge facing pharmaceutical products, software, and other digital products is that developing the same requires so much investment but the end product can be reproduced easily and cheaply once the formula has been established. While it is debatable to apply the patent scheme to software, each software will qualify for copyright protection. Mass copying skills have been created, however, owing to the internet, copyright protection is a major challenge.
Local and foreign trademark registration for business and software-based games charters is a prevalent practice area where attorneys are actively engaged.
For more than years, Tahmidur Rahman Remura Wahid Parnters has been involved in filing and recording all of Bangladesh’s intellectual property rights. The knowledge of our ADR, Land & Tribunals Team in this region.
IT is now the integral component of the lives of businesses. Within each jurisdiction there is distinctive regulatory compliance and separate reporting responsibilities. In addition, each company / individual places so much information in the electronic format that tailor-made arrangement is crucial for each transaction in order to prevent different potential risks. Lawyers in information technology are involved in legal services based on transactions involving the drafting and negotiation of contracts. Increasing cybercrime and hacking with the assistance of computers or mobile phones involving cash as well as infringing privacy, confidentiality and other freedoms and also imposing penalties for data controller infringement etc., IT attorneys also advise customers on regulatory problems concerning IT, data security and national and global privacy issues. Legal services are in demand from the Dhaka Judge Court and the Cyber Appellate Tribunal for filing and defending instances lodged in cyber tribunal.
The TR Barristers in Bangladesh Cyber Law Consulting team provides an unconventional process outsourcing experience, driven by a mixture of domain knowledge, process abilities, advanced technology and legal knowledge.
By allowing you to concentrate on key tasks rather than waste precious time on non-core and people-time intensive procedures, we assist you attain your company objectives.
By leveraging our principles of quality and innovation, talent and self-sustaining process structure and domain knowledge, the Cyber Law Consulting team is uniquely placed to serve your needs. We deliver tailored service offers that translate into the best quality services that are most flexible and cost-effective.
In attaining their company objectives, TR Barristers in Bangladesh Cyber Law in Dhaka, Bangladesh has been a critical partner for all its clients. Cyber Law Consulting has in-depth knowledge in providing e-documentation services and process-specific solutions in fields such as outsourcing of legal processes, IPR, e-publishing, e-commerce, software services, audit and compliance.
Information Technology Law F.A.Q.
What is an Intellectual property right?
An intellectual property right is a legal right that enables patent, trademark or copyrighted job creators or owners to profit from their own job or investment in a development.
The word proprietary intellectual property itself is now frequently used to refer to the rights package granted by each of the following areas of legislation:
1.Patent
2. Mark
3.Copyright and
4.Trade Secrets
What is a Trademark?
A trademark is a term, title, symbol or device used to specify the origin of the products and differentiate them from the products of others in trade with products. Trademarks seek protection from the confusion of the client.
What are the works covered by copyright law in Bangladesh?
Works covered by copyright include, but are not restricted to: novels, poems, plays, reference works, magazines, advertising, computer programs, databases, movies, musical compositions, choreography, paintings, sketches, pictures, sculpture, architecture, maps and technical drawings.
What is meant by a 'Trade Secret'?
A “Trade Secret” is an data, including, but not restricted to, a formula, pattern, compilation, program, device, method, technique, or process, which derives autonomous financial significance, which is the topic of attempts reasonable under the conditions to preserve its secretiveness.
What is a Patent?
In general, a patent is an exclusive right given to an invention–a product or method that provides a fresh way of doing something, or offers a fresh technical alternative to a issue. It is a protection given by law for a person or entity’s inventions, improvements or discoveries or for the processes that such individual or entity has created.
Patent protection enables a proprietor to exclude others without his / her permission from creating, using, distributing or selling. For a restricted period of time, usually 20 years, protection is given.
What is a Copyright?
Copyright is a legal right that provides protection for writers, artists and other creators of their literary and artistic creations, commonly referred to as “works.” Copyright law protects the author of original writers.
How do I protect my artistic works and apply for a copyright registration?
Copyright is a legal protection provided in any tangible medium of speech to an original work of authorship. There are therefore two threshold requirements for protection — originality and fixation — and a substantial limitation— no privacy of thoughts. A registration of copyright is not required to safeguard a certain job. An creative work that is original and corrected in any tangible medium is automatically protected by copyright. However, the Copyright Act provides extra advantages for those registering with the Office of Copyright in Dhaka, Bangladesh.
Do I need to hire a lawyer or an agent to register my intellectual property rights?
No, you do not! Any inventor, writer or trademark proprietor may apply in accordance with Bangladesh law for patent, trademark or copyright registration, but if the method seems too complex and complicated for you, TR Barristers in Bangladesh is here to assist!
INVESTEMENT
The Investement Team deals with Foreign/Global Investment, Business set up, Citizenship, Captial Market, Stock market Strategies etc.
A lean, dynamic Investment Department
TR Barristers in Bangladesh Investment Department provides comprehensive range of legal, tax and investment advisory services for both national and international clients. Our clients range from large multinationals to new start-ups.
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Foreign Investment in Bangladesh
Three options for a foreign investor to set up his/her business in Bangladesh.
- Liaison Office (which does not have legal personality itself):
- Branch Office (which does not have legal personality itself); and
- Locally registered company (being a separate entity with legal personality).
BRANCH OFFICE
Foreign businesses may open branch offices in Bangladesh to conduct company. Unlike a liaison office, a branch office may carry out a wider range of operations subject to BIDA’s previous authorization.
No activity in Bangladesh that is not explicitly allowed by BIDA can be undertaken by a branch office. A Branch Office must also register with the Joint Stock Companies and Firm Registrar and comply with certain procedural formalities prescribed by the Companies Act.
The benefits of ease of operation and uncomplicated closure are provided by a branch office. However, as the activities are strictly controlled by rules for exchange control, a Branch May does not provide the best framework for its expansion / diversification plans for a foreign business.
Tax and Work Permit for Foreign Investors
- Tax deductions at source must be produced while paying office / house rent, wages and bills for bought products, services and contract work, and subsequently deposited in the assigned public accounts in accordance with the Bangladesh Income Tax Ordinance, 1984. Companies must receive Taxpayer Identification Number (TIN) from the National Revenue Board for tax deduction at source & VAT.
- The approval of branch and liaison offices and the granting of job permits for foreign citizens will be produced under the Ministry of Home Affairs ‘ safety clearance condition. In accordance with the current Visa policy, the Ministry of Home Affairs shall provide security clearance within 45 days of issuing permission letters. Otherwise it will be handled that there is no objection to the issuance of visas by the organizations involved.
- Expatriates working in the manufacturing industry, private sector company organisations, academic institutions, branch and liaison offices etc. in Bangladesh must submit certificates of revenue tax clearance / tax exemption certificates in accordance with section 107 of the Income Tax Ordinance, 1984.
- Branch and liaison office will usually be discouraged under proprietorship firms.
The overseas business must receive distinct previous approval from the Bangladesh Investment Development Authority to establish more than one authorized branch office or liaison offices in Bangladesh.
Permitted Activity of Liaison office
- Maintain liaison/ coordination between principal and local agents, distributors/exporters’ institutions through correspondences, personal contracts and other electronic media.
- Collect, compile analyze and disseminate business information related to its field of activities as mentioned in the approval letter.
Compliances of Branch and Liaison offices
- In the approval letter issued by BIDA, the activities of a branch and liaison office shall remain confined to the areas and for the period specified and approved. If the firm intends to proceed its office beyond the approval period, it will be required to apply for the required renewal / extension in the prescribed form with appropriate papers at least 2 (two) months before the expiry of the present term.
- The quarterly return of income and expenditure from foreign remittances shall be presented with documentary evidence to the BIDA, the Bank concerned, the National Revenue Board and the Bangladesh Bank.
- An amount of foreign exchange equivalent to a sum of not less than US$ 50,000 or equivalent as an estimated initial establishment cost and the Office’s 6(six) month operating expenses must be brought in as an inward remittance in Bangladesh within 02(two) months from the date of issue of the BIDA letter of authorisation. For this purpose, the Office must open an account with any Bangladesh planned bank in accordance with the guidelines contained in the Foreign Exchange Transaction Guidelines for receiving remittances.
- Any change(s) of this section shall be intimated before the suggested change is made to the BIDA for required action and approval.
- The authorized Office shall, as and where necessary, receive clearances / licenses from the government agencies involved under the country’s current regulations.
- The authorized office shall pay tax / income tax / VAT / income and other taxes payable to the state under Bangladesh’s current legislation
Others
- Name: The name of the foreign business must correspond to the name of the Bangladeshi Branch or Liaison Office.
- Constitution and operations: shareholders, business structure and operations are governed by the
- Memorandum of Association and Articles of Association of overseas companies. There is no distinct Branch or Liaison Office Memorandum and Articles of Association.
- Office Address: There must be an office address in Bangladesh for a branch or liaison office.
Major Areas of Investment Law | Law Firm in Dhaka, Bangladesh
- FOREIGN INVESTMENT AND BUSINESS SET UP | Law Firm in Dhaka, Bangladesh
- GLOBAL INVESTMENT & CITIZENSHIP | LAW FIRM IN DHAKA, BANGLADESH
- Capital & Stock Market Law | DSE- Law Firm in Dhaka
Bangladesh is the world’s second biggest garment manufacturer, attracting enormous foreign investment in this industry. Investing in other company industries are foreign investors who have already invested in Bangladesh. Foreign investment is growing quickly in other developing industries such as construction engineering, power & energy, agriculture, IT, leather, etc. Foreign investors need to set up businesses, branch office, liaison office and also assist them to secure employment visas (E-VISA), investor visas (PI VISA), company visas (B-VISA), job permits, etc. The establishment of business in export processing zones and economic zones also requires legal support. New investments are also growing, especially in fresh industries such as LPG, LNG terminals, seaports, dam & embankment, bridges, etc., due to significant political stability in latest years and public initiative in enhancing energy generation, implementing one-stop service, etc. TR Barristers in Bangladesh has a separate Investment Department and a dedicated and effective Investment & Business Setup Team responsible for catering to customers ‘ needs.In raising funds, issuing IPOs and also signing various shareholding contracts etc., legal service is often needed by sponsor / promoter. Large businesses also carry out due diligence on complicated legislation and regulations concerning the capital market before raising funds from Capital Market. Through their law firm in the foreign industry, foreign institutional investors often guarantee their physical presence in the AGM etc. Disputes involving insider dealing, deadlock between shareholder, exit options, regulatory non-compliance are also prevalent and require legal help from experts.
Because of its worldwide recognized team, Tahmidur Rahman Remura Wahid Partner’s has in-depth understanding about regulating trade and international trade.
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In an age of globalization, visa-free travel and mobility facility not only bridges the gap between countries and global companies, but also saves much-needed time and money, which is vital to any business-related individual. Citizenship and passport or even permanent residence in another nation could lead to higher opportunities and company advantages.
On the other side, purchasing stocks of Facebook, Google and tech giants and comparable multinationals continues only a dream for many third-world people and developing nations as those shares are not listed in their stock market and their restrictions on various transactions imposed by their exchange control laws. In such circumstances, legal advice can assist.
Investing in projects enabling permanent resident ship / citizenship in return and also payment in money to the appropriate government authorities for permanent resident ship / citizenship in another nation under restricted conditions may be legally feasible from SAARC nations subject to exchange control legislation and other applicable regulations. There may be a need for specific legal advice.
Legal due diligence can assist not only people but also government authorities to gain access to global capital that drives projects for economic development.
According to the ASIA TIMES report of 1 January 2019, stock market strategists selecting Bangladesh over Pakistan and Sri Lanka. Bangladesh’s capital market is constantly refining itself to perfect regulatory performance, etc. For several factors, including regulatory weakness, the industry has endured a severe blow in the latest past. However, many reforms have been created in latest times by enhancing regulations, amending legislation, issuing fresh rules and regulations, and so on. DSE sold 25 percent of the leading stock exchange to Shanghai Stock Exchange in 2018, which is expected to play a more proactive role market. Promoters and large-scale entrepreneurs depend strongly on Capital Market for the capital they need to grow their company. Our Capital Market has experienced excellent entrepreneurship and the development of effective local and international businesses even in the downturn. On the other side, by investing in businesses that are unable to manage their investment, tiny investors have suffered.
In raising funds, issuing IPOs and also signing various shareholding contracts etc., legal service is often needed by sponsor / promoter. Large businesses also carry out due diligence on complicated legislation and regulations concerning the capital market before raising funds from Capital Market. Through their law firm in the foreign industry, foreign institutional investors often guarantee their physical presence in the AGM etc. Disputes involving insider dealing, deadlock between shareholder, exit options, regulatory non-compliance are also prevalent and require legal help from experts.
The Chambers of Hafizur Rahman Khan that is TR Barristers in Bangladesh have in-depth understanding about SEC regulation and the capacity to navigate the complicated regulatory system governing the capital market. In recent years, we have dealt with a number of complicated problems linked to the capital market.
INVESTMEnt LAW F.A.Q.|Dhaka, Bangladesh
What are the documents required for BIDA approval?
In particular, for the approval of a branch or liaison office in Bangladesh, the following documents / information are needed: application in prescribed form signed by the approved individual to establish a branch / liaison / representative office–4 copies.
Memorandum and Articles of Association and the principal / parent company’s Certificate of Incorporation.
Name and nationality of the principal company’s managers / promoters.
Audited accounts of the principal company’s last financial year.
Resolution of the board of directors of the company concerning the opening of the Bangladesh office.
Proposed office organogram showing the positions to be held by both expatriates and local staff.
Details of the activities to be carried out by the proposed Bangladesh branch / liaison / representative office.
Forwarding letter documents (item 2-5) must be certified by the concern of the respective country’s Bangladesh mission / mission in Bangladesh / the apex business chamber / local business chambers of the respective country.
Before submission, any papers that are not in English must be converted into English.
4 All papers shall be presented to BIDA in copies.
After reviewing the above-mentioned documents, BIDA may request more documents.
How to get Bangladesh Bank's letter of approval?
Certified copy of the company’s memorandum and articles or other constitutional documents.
Full address of the company’s registered or head office.
A list of the company’s managers and secretary, if any.
The name and address or the names and addresses of one or more Bangladesh residents authorized to accept process service on behalf of the company and any notifications or other documents required to be served on the company.
The company’s full address in Ballades which is considered its main place of business in Bangladesh.
What is the amount of goverment fees?
A fee of BDT 25,000 (twenty-five thousand) must be paid through the Pay Order bank and the initial copy of the Pay Order must be presented to the BIDA.
Information regarding the procedure and Timeline?
All documents should be physically presented to BIDA. You can also apply online through the website of BIDA. BIDA representatives will submit the request and papers to the Inter-Ministerial Committee after adequate scrutiny of all papers. The Committee will review the papers and may request more papers or a physical presentation. If the committee is satisfied, the approval will be given. Usually the Inter-Ministerial Committee meets twice a month. The usual one-month or less timeline.
Approval is usually given to initially open a branch or liaison office for a period of 3(3) years that may be extended later.
How to get the approval from Bangladesh Bank?
18B explains the process of approval from Bangladesh Bank, after releasing a recenet up-date dated 15 September 2015. The Foreign Exchange Regulations Act 1947 was recently amended by the Bangladesh Parliament. Bangladesh Bank’s requirement of 18B Approval has been removed. Within 30(thirty) days of obtaining permission from the Bangladesh Investment Development Authority, the amendment requires that the Branch Office or Liaison Office or Representative Office report to the Bangladesh Bank. We will update this section once any notice in this respect is published by Bangladesh Bank.
Here you can read about the change.
Subsequently, authorization to open a branch / liaison office known as 18B authorization should be acquired from Bangladesh Bank. Any bank in Bangladesh should make this application.
SHIPPING
The Shippping department deals with Marine Insurance, Shipbuilding & Shipbreaking matters, Admiralty, Maritime and Ship Arrest.
A lean, dynamic SHIPPING Law Team
We have a team of maritime law specialists at TR Barristers in Bangladesh with a long track record of achievement in complex litigation as well as multi-party negotiations leading to litigation. We are dedicated to solving the shipping issues of our customers efficiently and promptly.
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Admiralty Court Act 1861
- Rejection of a plaint filed in the Admiralty Jurisdiction under Order VII, rule 11(a) of the Code of Civil Procedure is not permissible under the Rules.
- Suit to recover compensation for non–delivery of goods carried by a ship is maintainable under the High Court Division’s Admiralty Jurisdiction
- Section 5 states ‘Incidental expenses as were necessity on the ship’- When this condition is not fulfilled a suit u/s 5 will not lie.
- Section 6 of the Admiralty Court Act gives the Court’s Jurisdiction only when there is damage done to the goods on account of breach of contract of carriage or due to negligence, misconduct or breach of duty, independently of the contract which resulted in damage to the goods to be carried by the ship.
BILL OF LADING ACT, 1856
Bill of lading-Proof of mistake in it (e.g. where the complaint is that the goods were not shipped) is on the purchaser.
It is quite right that although the declaration in the lading bill is not a conclusive proof in law if the purchaser wished to contest the reality of the shipment recorded in the lading bill, it was their responsibility to prove that the products were not delivered.
Proving that the products had not been delivered was incumbent on the customer. Where this burden has not been discharged, it can not be held that the products have not been delivered or that the lading bill has been a forged document.
In the event of transshipment, the ship’s master is liable— not the individual who further endorses the lading proposal in favor of a third party.
Even in times where the ship’s travel hindrance is not caused by an exceptional hazard, the ship owner is only responsible for delay or failure to perform and to compensate the shipper in transshipment for more onerous terms. But this is only the ship’s master’s obligation and not the individual who has further supported the lading bill for a third party’s benefit.
CARRIERS ACT 1865 Bangladesh
In a complaint for the realization of compensation pursuant to Section 9 of the Carriers Act on the grounds of negligence on the part of the carrier or its servants or agents, it is not necessary for the complainant to prove that such loss, damage or non-delivery was due to the negligence or criminal act of the carrier, its servants or agents.
Section 6 of the Carriers Act allows the parties to reduce their liabilities in certain circumstances by means of a special contract but, in view of Section 8 of the Act, it is hardly acceptable to suggest that, even without proof of relevant or necessary circumstances, the liability as such can be declared to be completely nil. If a unique agreement exists, then proof should be submitted to demonstrate the magnitude or degree of liability decrease claimed under such a special agreement.
Sec. 8 The concept of determining a common carrier’s liability for loss or harm to property or products occurs as quickly as it is provided for carriage and it is meaningless for the same carrier to deliver it.
Common carrier liability—-Limited by contract— goods conducted by two or more separate carriers, loss or harm liability, separate and separate under agreement terms.
Bangladesh Merchandise Shipping Ordinance, 1983
- Section 43- Jurisdiction of High Court in matters concerning marine insurance or maritime assurance arising out of such contracts and claims arising out of a marine mortgage is covered by section 11 of the Admiralty Courts Act of 1861 and by section 43 of the Bangladesh Merchant Shipping Ordinance.
- Section 388- Law does not require the petitioner to procure any prior approval or permission of the Ministry of Fisheries and Livestock as a condition precedent to grant registration and licence to his trawler.
- Section 460(1) – The owner of a vessel continues to own and has claim over the wreck of that vessel within six months. The wreck does not become the property of the Government like drift timber making the Government liable for the customs duty.
CARRIAGE OF GOODS BY SEA ACT, 1925
Sea carriers are governed by England’s Common Law. Those ocean carriers offering to perform the products of all comers on a particular vessel or carrying a line of vessels from port to port carrying all the products brought to them are common carriers under the Common Law and therefore bear the same liability as inland navigation carriers for loss or harm to the products conducted by them, subject to any express exceptions relieving them of such liabilities
The situation is no different where there is only a lading bill instead of a charter party agreement.
A shipowner’s liability at Common Law is much greater than a bailee’s, because he’s in an insurer’s situation.
CHITTAGONG PORT AUTHORITY ORDINANCE 1976| Bangladesh
The report of the study is not a cogent proof of loss at the moment of release. When the products are removed from the ship itself, the liability of the carrier, if any, is determined in terms and conditions of the cargo recorded at the moment of release.
Chairman Chittagong Port Authority & other vs Ministry of Defense and others: In the instant situation complainant No. 1 imported a consignment of 1387 drums from UK Creosote Oil and discovered 33,250 Ibl shortages due to drums were leaky, mouth open, rusty and second hand. The complainant suffered an 83,496.80 taka loss and requested compensation. For the sum requested, Trail Court declared the lawsuit against defendant No. 1. High Court Division ruled that the trail court illegally ordered the lawsuit against the current defendant No. 1 appellant only.(Section 19-The Admiralty Judge, in enabling the ship to leave Bangladesh’s territorial waters without payment of its dues payable to the Chittagong Port Authority, traveled outside its jurisdiction. If we read these two together, it appears that there is no sub-regulation in Regulation 163(2) that would cause the rent of open space to be half the rate. Thus, the note contained in the timetable has no connection to Regulation 163(2), the note is to be found in Regulation 163(1), as the Sub-Regulation states the same.
The report of the study is not a cogent proof of loss at the moment of release. When the products are removed from the ship itself, the liability of the carrier, if any, is determined in terms and conditions of the cargo recorded at the moment of release.
(Bangladesh Shipping Corporation vs. Bangladesh Railway Board and others) — In the immediate situation, respondent No. 1 imported 1387 drums of Creosote Oil from the UK and discovered 33,250 Ibl drum shortages to be leaky, mouth-open, rusty and second-hand. The complainant suffered an 83,496.80 taka loss and requested compensation. For the sum requested, Trail Court declared the lawsuit against defendant No. 1. High Court Division ruled that it was only against the current defendant No. 1 appellant that the trail court illegally ordered the suit.
Major Areas of the Shipping Law Dept.| Dhaka, Bangladesh
- ADMIRALTY, MARITIME AND SHIP ARREST LAW |DHAKA, BANGLADESH & LONDON,UK
- MARINE INSURANCE LAW | GULSHAN, DHAKA, BANGLADESH
- SHIPBUILDING AND SHIPBREAKING MATTERS |Law firm in Dhaka
As a maritime nation on the vertex of the Bay of Bengal, Bangladesh has a 710 KM of shoreline to set it’s authority upon. It has two main and busiest seaports, one in Chittagong and the other in Khulna’s Mongla. The court of admiralty is situated in Dhaka’s High Court. All claims and proceedings relating to maritime and admiralty shall be brought before the Admiralty Court. Because of several variables such as weather conditions, port condition, navigation error, piloting collision etc., Admiralty court is not unusual in such instances. Similarly, property disputes are needed to be brought before this tribunal for local seagoing and non-sea ships, and the same is a periodic item of this court. Foreign and local bunker providers, crews and mortgage banks often invoke this jurisdiction by arresting ships located in Bangladesh land to recover their duties. The involvement of International P&I Clubs and local and foreign banks is a prevalent affair as it is not possible to insure the release of the vessel without their undertaking or bank guarantee. Claims resulting from the carriage of products, cargo shortages, cargo harm, dead freight inability to pay freight and hire, etc. are now commonplace as litigants are more worried with their rights. Depending on the arbitration clause, action in rem for charter party claim for sub-freight on cargo lien may also be brought in restricted instances. Our Chambers is one of the leading law firms in this region of law and has extensive experience dealing with nearly every type of litigation brought before the Dhaka Admiralty Court.
Since ancient years of Greek and Roman Civilisation, Marine Insurance was the oldest well-developed type of insurance. Marine insurance is very important in the context of Bangladesh as Bangladesh is a maritime nation and the seaports are busy with the loading and unloading of cargoes conducted by flag-bearing ships locally and internationally. By becoming a member of global P&I Clubs, global flag-bearing ship owners cover their danger. Furthermore, cargo holders also cover their risk by securing their cargo from various worldwide insurance companies. Bearing flag ship from Bangladesh and cargo owners / shippers from Bangladesh mostly cover their risk with local insurance companies.
General insurance, on the other side, includes property insurance, non-marine risk liability insurance, etc. Principals established in age-old marine insurance legislation are also relevant in general insurance, e.g. a duty of utmost good faith and not to make any fraudulent claim. The Insurance Act, 2010 repealing the 1938 Insurance Act, is the governing law for both general and marine insurance.
It is not unusualthat owing to collision, fake cargo delivery, local and international embargo, etc., both P&I Clubs and insurance firms are needed to take steps to rescue their clients mostly in Chattogram Port and other global ports where cargo / ships are from Bangladesh or destined for Bangladesh. Insurers not only engage in investigations and surveys to evaluate liability, but also help their clients under Sue and Labor cover, etc., at distinct rates. As one of the leading law firms, we are advising and representing clients for a number of years on several marine and general insurance issues.
Bangladesh’s reputation as a shipbuilding country is gradually increasing globally. As the sector expands, so do the shipbuilders’ and buyers ‘ conflicts. Shipbuilding is a enormous investment project involving joint efforts and financing from banks, abroad, local businesses, etc. Local shipbuilders are now engaged in the shipbuilding work of local as well as global clients keeping the associated service industry busy.
Legal service is often very important to perform due diligence on bank financing, overseas lending, legal health, tax, VAT and customs matters, as well as incentives for such significant building projects for builders and buyers. Furthermore, as a complicated building agreement, shipbuilding contract is mostly drafted by an attorney to cover all aspects of local and international law.
Shipbreaking sector as well as shipbuilding industry is of essential significance as it generates various sectors and others for the steel industry, shipbuilding sector, local and South Asian. Bangladesh’s shipbreaking sector has emerged quickly mainly due to the expense of financial labor. Shipbreaking sector includes environmental issues, business scrap contracts, sale of scrap products, ship breaking companies, instances of personal injury, liability of employer, etc. Legal service is essential in addressing the above-mentioned problems surrounding Bangladesh’s shipbreaking sector.
The TR Barristers in Bangladesh is playing a pioneering role in the legal services of shipbuilding as it has operated for more than 07 years as a significant international shipowner and has been able to recover effectively different claims against local shipbuilders.
SHIPPING LAW-F.A.Q.| law Firm in Dhaka
What is Ship Arrest under Maritime law of Bangladesh?
Admiralty law is a very unique characteristic of ship arrest. It’s a critically significant pre-trial remedy for a maritime creditor.
Arrest implies the detention of a vessel to secure a maritime claim through judicial proceedings.
The maritime claim under admiralty law generally includes all causes of ship and cargo-related actions and may also cover shipping-related matters. The arrest is component of the process whereby an Admiralty Court gains jurisdiction over a lawsuit’s subject matter. The effect of an arrest warrant prohibits the ship from moving or trading legally unless the tribunal withdraws or vacates such order.
A ship can only be detained in common law countries in the restricted amount of cases where claimants have the right to implement their claims in rem proceedings. In other words, the intervention in rem provides the basis for the right in such nations to arrest a vessel. The basic legal character of an intervention in rem is that it is an action against the res. Thus, the action in rem is against the ship itself when a ship represents such a res, as is often the case.
What is the procedure for obtaining arrest order against a vessel and Cargo Arrest in Bangladesh?
Bangladesh’s Admiralty Court, in the usual course, enables a ship to be arrested. It also enables the detained ship to be released but only against safety submission, the guarantee in the form of the banker. However, under the applicable law, the opponents are not required to file any economic bonds with the Court while filing the vessel’s arrest petition. However, under the jurisdiction of the Admiralty in Bangladesh, at the point of a complaint lodged, the arrest of sister considers other than the full-scale hearing.
Arrest of a vessel for interest in cargo: in so far as the arrest of a vessel by interest in cargo is concerned, the following documents shall be submitted to the court together with the complaint and arrest request submitted by any party concerned I Survey Report in original (ii) Copies of Bs / L, Invoice, Bill of Entry (iii) Copies of any relevant correspondence relevant to the subject-matter of the complaint.
What is the law on Arrest of Vessel in Bangladesh?
The Admiralty Court Act, 2000, is the statute that structures admiralty jurisdiction in Bangladesh. The Act declares the Supreme Court’s High Court Division to be the Admiralty Court[ Section 3(1)].
The admiralty jurisdiction is to be exercised by a single judge bench of the High Court Division pursuant to section 8 of the Act. Under the Act, a party wishing to arrest a vessel must pass two tests in Bangladesh. First, he / she must satisfy the court that his / her claim falls within one or more of the categories provided for in section 3(2) of the Act. Second, the plaintiff must satisfy the court that an action for such a claim can be brought in rem. Section 4 of the Act details the claim for which an action can be carried in rem. The chapter clearly shows that such action is not limited to ships alone and may extend to other assets.
Consequently, the right to arrest a vessel is component of Bangladesh’s law and stems from the Admiralty Court Act, 2000 and the Merchant Shipping Ordinance, 1983. A person has the right to initiate legal proceedings under admiralty jurisdiction and arrest a ship to enforce claims under the Admiralty Court Act, 2000.
What is the procedure of Arrest of vessel in case of collision?
For the purpose of acquiring an arrest warrant against a ship by another ship relating to a collision issue, the following documents shall be presented in conjunction with the complaint filed
i) Survey Report in Original showing repair estimate
ii) Repair bill (if repair has already been carried out)
iii) Note of protest filed by the Master in original (duly notarized)
iv) Copy of the appropriate log book abstracts
V) Master’s Statement / Report, Chief Officer.
vi) Dismantling of the complete quantity of the claim.
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