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List of free legal advice currently being provided:

 

1. Company Formation in Bangladesh

By Barrister Fahad Bin Qader

 

2. General information regarding divorce

By Barrister Fahad Bin Qader

 

3. Chque Fraud what to do?

By Barrister Fahad Bin Qader

 

4. Advice to Foreign Investors

By Barrister Fahad Bin Qader

Company Formation:

 

1. Choose a name of your liking for your new comapny.

 

2. Go to www.roc.gov.bd

 

3. Go to E-Services and open an account

 

4. Serarch for the name of your choosing under name clearance . Please note that before applying for name clearance certificate ensure the name is available for the taking.

 

5. Always provie the word limited after the name that you choose. For example if your company's name is "Example Business"

then you must put your name as "Example Business Limited"

 

6. Cost of getting a name clearacne certificate is BDT 600 plus 15 percent VAT.

 

7. After receiving name clearance certificate you must draft an Article of Association (AOA) and Memorandum of Association (MOA). Please seek legal advice and assistance before drafting the AOA and MOA as this will be the constitution of your company.

 

8. After completion of AOA and MOA you must enter the information of the said AOA and MOA into RJSC website under your account.

 

9. Registration fees for your new company will depend on the authorised capital of the company.

 

10. After completing all the above steps RJSC will have one month to complete the formation. Please be adviced that RJSC might contact you via email regarding any issues that might have occured with the formation of your company and you will have a very short time to rectify the error.

 

11. If all go according to schedule then you will have your company formed within one month of submitting the registratioon fees.

 

 

Please be adviced that the above mentioned steps are only for local companies (local shareholders). Foreigners wanting to open a company in Bangladesh will require few further steps. If you need further help or guidance on any matter please call us or email us at info@counselslaw.com.

 

 

 

General Information Regarding Divorce law:

 

1. Any body can give divorce regardless of gender . So, a women if so chooses can divorce her husband.

 

2. Even if the divorce is given by the wife the husband still needs to pay the remainder of the "denmohor"

 

3. Both husband and wife can jointly get divorced at the same time, in that scenerio the divorce takes effect as soon as both the husband and wife signs the divorce documents.

 

4. The husband still needs to pay the expenses of any children.

 

5. The Bangladeshi family law is not only regulated by Islamic law but rather a mixture of different types of laws. Our government has enacted many laws specifically to protect the women of Bangladesh.

 

6. Women who are being abused should immediately come forward and take the help of the authorities and the legal system of Bangladesh.

 

 

Cheque Fraud What To Do?:

 

1. In Bangladesh Cheque matters are dealt with Negotiable Instruments Act (Act No. XXVI of 1881) (“NI Act”).

 

2. If someone provides a cheque where the bank account has no money or sufficient money to cover the cheque value then it the term is referred to as "checque bouncing".

 

3. It is a criminal offence to prvide such a cheque and may also entail financial punishment also.

 

4. The first step is to ensure that the amount in the cheque was attempted to be withdrawn or deposited in another bank account within 6 (six) months of receiving such cheque. That is the receiver of the cheque has only six months to deposit the cheque into the bank and receive a notice from the bank that the cheque has actually "bounced" due to insufficient balance.

 

5. After receiving the notice from the bank regarding the cheque bounce then the aggrieved party must within 30 (thirty) days of receiving such notice must send a legal notice to the offender requesting the full payment of the due money as per the cheque within the next 30 (thirty) days or else the aggrieved party shall take legal action against the offender under the said Negotiable instrument Act.

 

6. If the offender do not pay the money back within the given 30 (thirty) days then the aggrieved party has the right to initiate proceeding in the courts of Bangladesh.

 

7. In general Negotiable Insrument Act is very strict and if the above mentioned steps are followed within the time limit as stipulated then the aggrieved party will recieve the judgement in his/her favour.

 

Advice to foreign investors in Bangladesh:

 

1. Bangladesh allows 100 percent foreign owned companies to be formed.

 

2. No Bangladeshi citizen is required to be a director or shareholder of a company.

 

3. Even a 100 percent owned company will have all the benefit of a local company.

 

4. Be careful of people who states that you must have atleast one Bangladeshi as a shareholder or director.

 

5. Before forming a company you would require to open a preliminary bank account in the name of the company.

 

6. If you are held in the Bangladesh airport by the authority for any reason ask to speak to the airport magistrte, and try to contact your country's embassy situated in Bangladesh.

 

7. If you have overstayed your permitted time as per your visa then you will be fined for each extra day you have spent in Bangladesh.

 

 

 

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