Our People : Head Of Chambers

Business Incorporation/ Registration
Eftakhar advised on formation of 100% foreign owned company, joint venture, start up and local companies, branch office, liaison office(s), Society, Foundation, Trust with the Registrar of Joint Stock Companies and Firms (RJSC) and Bangladesh Investment Development Authority (BIDA).
He has advised in incorporation of entities in ITES (information technology enabled services) sector, consultancy, telecommunications, health, hotel management, gas & oil, real estate sectors etc.
 

Merger, Acquisition & Repatriation

• Drafted Term Sheet, Investment Agreement, Shareholders Agreement for Closing of Series A investment of USD 8 Million and 28.5 Million respectively for a Digital Financial Services Provider.
• Conducted legal due diligence of target companies engaged in Ride Sharing, Gas & Oil, Telecom Sector etc. and advised accordingly highlighting red flags.
• Drafted deal documents for Closing of Series A & Series B investment of USD 8.3 million and 6.4 million respectively for a Mobile Financial Services Provider.
• Conducted legal due diligence of a IT Company and advised in structuring transactions, closing strategy, Escrow arrangement and drafted required documents.
• Conducted legal due diligence and reviewed Power Purchase Agreement, Implementation Agreement, reviewed more than 650 acres land documents and other agreements of 200MW Solar Power Project.
• Maintained liaison with Bangladesh Bank, provided legal opinion and successfully repatriated USD6.2 million of an investor in compliance with Foreign Exchange Regulations and applicable tax laws.
• Acted as local counsel of international law firms like White & Case, Baker Botts and other leading global law firms in conducting legal due diligence, giving legal opinion with respect to merger, acquisition, drafting agreements, etc.

• Conducted AGM, EGM and Board Meetings for local and foreign clients, issued notice and circulated meeting minutes among the Board Members.
• Issued ordinary share and preference share, converted loan into shares, assisted auditor to prepare valuation, audit report etc. drafted share transfer documents, Form 117, NOC, Affidavit, prepared Share Certificate, Share Registrar and Share Transfer Registrar for clients.

• Drafted agreements, MOU, memoranda etc. for both local and foreign clients, which includes but not limited to, Share Subscription Agreement, Share Purchase & Sale Agreement, Term Sheets, Shareholders Agreement, Power Purchase Agreement, Platform Provider Agreement, Implementation Agreement, Operator Agreement, Call Center Agreement, Exclusive and Non-exclusive Distributorship and Agency agreements for MFS, DFS. FMCG, telecommunication, international freight & forwarding agent, transport and human resource service provider, Hotel Management Agreement, Non-Disturbance Agreement, Undertaking, Indemnity Bond, Power of Attorney, Sale Deed, Cross-Corporate Agreement, Syndication documents etc.
• Represented many local and international companies and drafted many landmark agreements like Remittance Agreement, National ID Card Database Connectivity Agreement, HR Outsourcing Agreement, Data Centre Agreement, Media Agency Agreement, Media Buying Agreement etc.
• Represented Grameenphone Ltd. (leading telecommunication provider in Bangladesh) and drafted Master Agreement for sharing of Passive Infrastructure of Grameenphone with (i) Banglalink, (ii) Augere, (iii) Fibre@Home, (iv) Summit Communication, (v) Bangladesh Internet Exchange Limited, Joint Venture Network Expansion Agreement among Grameenphone-Banglalink-Robi at Jamuna Future Park, Dhaka, the largest network expansion project of Bangladesh.

• Co-Author of Bangladesh Chapter of “The Employment Law Review: Eighth Edition”, published by Law Business Research Ltd.
• Drafted and implemented Human Resources (HR) Policy for banks, garments and MFS/DFS provider in Bangladesh.
• Advised both employers and employees regarding termination and dismissal procedure, claims arising thereto, compensation package and disciplinary matters.
• Acted as a member of disciplinary hearing committee of an MFS provider of Bangladesh.
• Drafted employment contract, appointment letter, NDA etc. for various local and international clients (Mövenpick Hotels & Resorts Management Ag, Pathao Inc., Grameenphone Ltd., Nagad, bKash Ltd., Celero Ltd., etc.), advised on many other employment matters.
• Drafted policy document and agreement on Gratuity and Provident Funds in light of local labour and tax laws.
• Represented both employers and employees in Labour Court Tribunal on employment dispute.

• Drafted and implemented Anti-money Laundering Policy for MFS and DFS providers in compliance BFIU, Bangladesh Bank Guideline, the Money Laundering Prevention Act, 2012 and Ati-Terrorism Act, 2009.
• Vetted and provided feedback on “Ride Sharing Services Policy, 2017 (draft)” circulated by Bangladesh Road Transport Authority (BRTA) for finalizing it.
• Actively participated in communicating comments and observations on (a) “Mental Health Act, 2016 (draft) circulated by the Law Commission of Bangladesh and (b) draft “Regulatory Guidelines for Mobile Financial Services (MFS) in Bangladesh” circulated by Payment Systems Department, Bangladesh Bank.
• Introduced Fraud Handling Policy, Law Enforcing Agency Query Management Policy, Dispute Settlement Policy etc. for the first time for MFS and DFS industry.

• Advised clients in participating tender of (a) mobile number portability (MNP) service (b) IGW license conducted by Bangladesh Telecommunication and Regulatory Commission (BTRC) and (c) supply of electrical meter and other equipment conducted by BREB, BPDB and DESCO and drafted/prepared required documents for submission.

• Conducted due diligence and provided legal opinion on acquisition of 649 acres land documents of Cox’s Bazaar for a 200MW Solar Power Project in Bangladesh.
• Reviewed and provided opinion on 40 acre land documents situated at Panchagarh district, Bangladesh for a 50 MW Solar Power Project in Bangladesh.
• Vetted land documents and registered 55 acres land with the registration office of Purbachal, Dhaka for a renowned real estate company of Bangladesh.
• Reviewed legal documents and provided legal opinion on acquisition of land to construct 1000+ BTS for the leading mobile network operator (MNO) in Bangladesh.
• Advised Mövenpick Hotels & Resorts Management Ag, a renowned international hotel chain to acquire land in Bangladesh for construction of hotels and resorts.

• Worked as Head of Functional Compliance Committee (FCC) and AML Officer of Digital Financial Service Provider, a cross-functional team responsible for maintaining liaison with Bangladesh Financial Intelligence Unit (BFIU).
• Served as Member of Central Compliance Committee (CCC) of the largest Mobile Financial Services (MFS) provider in the world.
• A Fintellekt Certified AML Professional and stood Second upon the overall assessment of four days’ advanced training held in Mumbai, India.
• Introduced ‘Risk Register’ for the first time in a DFS provider to define the risk items and mitigation plan.
• Implemented Self-Assessment & Monitoring Control (SAMC) report organizationally for the first time to ease daily operations.
• Drafted and implemented AML-CFT policy(ies) for MFS and DFS providers.
• Introduced daily, weekly and monthly transaction monitoring for MFS provider and undertaken fraud preventive measures.
• Conducted AML-CFT training, awareness session, dialogue etc. on various part of country, developed and distributed booklets, leaflets, brochures, trade letters, stickers, etc. to aware channel partners and customers throughout the country.
• Conducted fraud analyses, investigations and recommended dispute resolution way forward.
• Developed organizational compliance strategies and annual training plan based on AML-CFT related risk assessment.

• Attended 15 days’ long WIPO-India Summer School (advance training) on Intellectual Property, organized by World Intellectual Property Organization (WIPO), Rajib Gandhi National Institute of Intellectual Property (RGNIIP), Nagpur and Maharastra National Law University (MNLU), Nagpur, India.
• Registered Trademark, Service Mark, Patent and Copyright for local and international clients.