Representative Matters

 

Aviation

●     Advised Sri Lanka’s HEMAS Group on newly enacted GSA laws and licensing requirements implemented by the Civil Aviation Authority of Bangladesh (CAAB).

●     Advised a foreign logistics company on GSA laws and structuring GSA operations with foreign stakeholders in Bangladesh.

●     Advised the lead arranger, facilitator and security agent in a proposed USD 66.5 million (combined) aviation financing transaction, including the drafting and perfecting of collateral/security documents on assets (aircraft)

 

Banking, Financial Services and Foreign Exchange Regulation

●     Advised a local logistics company in relation to banking laws and regulations in relation to a disputed loan facility and collateral arrangements.

●     Advised clients on preparation and enforcement of collateral documents, including hypothecation or mortgage of assets, share pledges and other security arrangements.        

●     Advised corporate foreign clients on dividend and capital repatriation regulations imposed by the Bangladesh Bank.

●     Advised international corporate clients on anti-money laundering, anti-terrorist financing regulations.

●     Advised multiple local and international clients on foreign exchange regulations; restrictions and requirements on Bangladeshi companies establishing branches/subsidiaries outside Bangladesh.

●     Advised a large e-commerce company on structuring their foreign investment in Bangladesh.

 

Corporate & Commercial (including Mergers and Acquisitions)

●     Advising an Indian-Bangladesh JV on the legal aspects and implementation of a digital marketing services business in Bangladesh.

●     Advising a Sri Lankan-Bangladesh joint-venture on proposed Bangladesh operations for a ‘below-the-line’ marketing business.

●     Advising leading book sales/fair company on their market entry into Bangladesh including company formation to legal advice on Bangladeshi legal and regulatory matters for commencing operations in Bangladesh. Currently serving as the company’s sole legal counsel and company secretary in Bangladesh.

●     Represented Surecash in its proposed merger with Pathao.

●     Represented an American venture capital firm in its divestment/settlement with an investee technology company in Bangladesh;

●     Represented Osiris Group in its multiple investments in growth-stage companies in the technology and travel sectors (Mayalogy Ltd. and GoZayaan Ltd.)

●     Advised numerous local and international clients in corporate law matters and with establishing/formation of local companies.

●     Advised PwC on its establishment of operations in Bangladesh

●     Advised Hyundai Motor Company on local distributorship agreements in Bangladesh.

●     Advised Philip Morris International on tobacco control related laws in Bangladesh.

●     Advised British American Tobacco on local labour/employment law issues.

●     Advised a leading global e-cigarette on local law requirements in relation to import, sale, marketing, advertising, duty-free zone regulations and related laws.

●     Advised a leading publicly-listed cellular mobile phone operator on procedures and laws on holding Annual General Meeting and amendment of Memorandum of Association.

●     Advised a Chinese conglomerate on regulatory approvals and permits for the establishment of an industrial park/special economic zone.

●     Advised a Dutch energy and commodity trading company on competition law implications of its operations in Bangladesh.

●     Advised a Chinese conglomerate on multi-level marketing law implications of its operations in Bangladesh.

●     Advised a leading global thread manufacturer on environmental laws and disclosure obligations in relation to a potential environmental contamination at its manufacturing facility.

●     Advised multiple local and international clients on company secretarial compliance and corporate governance matters.

●     Advised a local award-winning NGO on its commercial collaborations on installation of ‘Water-ATMS’ across Bangladesh.

●      Advised a leading local logistics company on collaboration arrangements with international partners.

 

Dispute Resolution (Arbitration, Litigation and Negotiations)

●     Representing and advising Dignity Textile Mills Ltd. in a multi-million dollar international arbitration arising out of an insurance claim.

●     Represented over 150 medical practitioners collectively in reinstating their employment at the Bangabandhu Sheikh Mujib Medical University (BSMMU) in a civil review petition before the Appellate Division of the Supreme Court of Bangladesh.

●     Represented Chittagong Chamber of Commerce & Industry in arbitration proceedings involving a construction project worth over BDT 400 crore.

●     Represented Coats Bangladesh in challenging a government decision that led to cancellation of its bonded warehouse licence.

●     Represented Six Seasons Hotels (a local 5-star business hotel operator) in defending company winding up proceedings.

●     Represented Asian Paints in relation to Income Tax Reference Application in the High Court Division.

●     Represented Godrej in a customs matter involving the import of active ingredients for pesticide products into Bangladesh.

●     Represented an international logistics company in company winding-up proceedings.

●     Represented a local C&F agent in negotiations to reach a settlement in a commercial dispute with a third-party vendor.

●     Represented a Hong-Kong based international apparels sourcing company (buying house) against a local garments manufacturer in legal proceedings relating to an international commercial/trade dispute before the Dhaka District Court and subsequently in negotiations leading to a mutually agreed out-of-court settlement.

●     Represented an Italian clothing sourcing company (buying house) in an international/commercial trade dispute against a local garments manufacturer.

●     Representing a leading Bangladeshi garments manufacturer and exporter in criminal proceedings (defamation case) before the Dhaka Magistrate and Sessions Courts.

●     Representing multiple defendants and complainants in separate cases involving the dishonour of cheques (under the Negotiable Instruments Act, 1881) before the criminal courts in Dhaka.

●     Representing a local client in legal proceedings before the High Court Division and in negotiations against a multinational UK-based retail bank in a dispute involving the loan account, collateral and deposits of a deceased person.

●     Representing a passenger in a contractual breach and damages claim against a leading international airline in the District Court.

●     Representing an online streaming services company in a copyright infringement dispute before the Dhaka District Court.

●     Represented a local NGO (registered society under Societies Registration Act, 1860) in a dispute involving fundamental rights violations.

●     Represented a local BPDB contractor on a civil dispute arising out a government tender for the procurement of electricity meters.

 

Employment

●     Advising a foreign-owned business process outsourcing (BPO) company on employment structuring, mass-scale recruitment of contractors and other labour/employment law issues.

●     Advised DLA Piper UK in relation to significant employment restructuring matters of VimpelCom.

●     Advised American & Efird Bangladesh on employee termination procedures and benefits.

●     Advised a leading local software company on the legal aspects, and the implementation of, a mass-scale dismissal of a large number of staff for committing serious breaches of discipline amounting to gross misconduct.

●     Advised an Italian apparels sourcing company on local employment laws (employee termination procedure and benefits).

●     Advised and represented a leading international organisation on disciplinary proceedings against an employee for serious breaches amounting to gross misconduct. Representation and advice included issues relating to child pornography, data protection and privacy, procedure for conducting inquiry and hearing for disciplinary action against employees, dismissal procedure and benefits.

●     Advised a leading international tobacco company on workplace safety regulations (including fire safety provisions and protocols).

●     Advised multiple international clients on foreign worker employment laws, regulations, foreign employee earnings’ repatriation laws, work-permit, employment visa and special waiver applications at the Bangladesh Investment Development Authority (BIDA), formerly the Board of Investment (BOI).

●     Advised a leading local e-commerce company on severance benefits of a senior management employee.

 

Energy & Projects

●     Advising a local power sector consultancy firm on various projects for consultancy and sub-contracting services awarded under government tenders.

●     Advising a UK-Bangladeshi joint-venture on the implementation of a proposed fecal sludge management and waste-to-energy project

●     Advised Ophir Energy through foreign counsel on assignment/transfer of control rights in assets under a production sharing contract (PSC), legal formalities and procedures involved and competition law issues.

●     Advised a global alternative investment firm through Sidley Austin LLP, in the proposed acquisition of oil and gas assets in Bangladesh under a production sharing agreement executed with Petrobangla (PSC). Representation included conducting corporate and legal due-diligence, advising on oil and gas, employment, tax and environmental laws and general legal and regulatory matters.

●     Advised King Wood & Mallesons on the legal aspects, regulatory matters, land acquisition issues a client’s proposed acquisition of a 200 MW Grid-Tied Solar PV Power Plant.

●     Advised Bangladesh-based companies on collaboration/partnership, joint-ventures, and distributorship agreements with foreign renewable energy companies, suppliers and manufacturers of equipment for modern renewable energy technologies and processes.

●     Advised Sinohydro in its acquisition and corporate due-diligence of the project company responsible for the establishment of the First Dhaka Elevated Expressway (FDEE) Project.

●     Advised a Bangladeshi Fixed Offshore LNG Terminal-licensee on its formation of an international consortium and the engagement of specialist engineering consultants for conducting sub-sea surveys.

 

Fintech

●     Advised Wirecard AG on local laws relating to operation of digital wallets, currencies, mobile financial services/payment service providers and establishing credits/points-system with mobile phone operators’ value-added services.

●     Advised Branch on laws and regulations relating to unsecured private digital-lending (micro-loans) and regulations for digital wallets and mobile financial services (MFS) in Bangladesh.

●     Advised Tala on microfinance laws, regulations applicable to private digital lending, data protection, credit rating, credit collection and employment law matters.

●     Advised Fair Money on local microfinance laws, banking laws and regulations applicable to unsecured private digital-lending through mobile financial services in Bangladesh.

●     Advised BSG Group on local microfinance laws, banking laws and regulations applicable to unsecured private digital-lending through mobile financial services in Bangladesh.

●     Advised local and international fintech companies on licensing regulations and laws in relation to mobile financial services (MFS), payment service provider (PSP) and payment service operator (PSO) laws and other related Bangladesh Bank regulations.

 

Healthcare & Pharmaceuticals

●     Advised and represented India’s Narayana Hrudayalaya Group of Hospitals on its establishment of a joint-venture specialist healthcare centre in Chattogram, licensing requirements and regulations for hospitals, diagnostic centres, blood banks and pharmacies, regulations on recruitment of foreign doctors and various other healthcare related and foreign exchange regulations matters.

●     Represented a leading international pharmaceutical company in relation to its divestment (asset-sale) of movable assets in a business division.

●     Advised a local pharmaceutical company on its engagement of an international design consultancy firm for the establishment of an oral-solid dosage (OSD) manufacturing facility in Bangladesh.

 

Information Technology & Telecommunications

●     Advising TutorsInc., a local edu-tech startup on information technology laws, data protection and privacy matters, preparation terms and conditions and privacy policies for the website, mobile phone applications and other commercial matters including marketing collaboration arrangements with third party organisations;

●     Advising Yoda Technologies Ltd., a local edu-tech startup on IT, company and employment law issues.

●     Advising a tech-startup on the development and implementation of a mobile-based platform/networking application for recreational sports;

●     Advised Grameenphone in relation to an approx. BDT 3,500 crore claim by the telecommunications regulator (BTRC), under various heads/issues including SIM Tax, VAT, spectrum charges, revenue-sharing, etc. pursuant to an information-system audit

●     Advising and representing a Telecommunication Value Added Services (TVAS) licensee before the Bangladesh Telecommunications and Regulatory Commission (BTRC) on licensing regulations, corporate affairs and foreign direct investment matters.

●     Advised a TVAS licensee on BTRC regulations and conditions/terms of service.

●     Advised a local online streaming service provider online

●     Advised multiple local and international clients on personal data protection and privacy law issues under various different licensing regimes, particularly in the technology and telecommunications sectors.

●     Advised Rajah & Tann Singapore LLP on web-domain related laws applicable to a domain registry service provider.

●     Advised a digital marketing specialist firm on its commercial agreements with clients.

 

Intellectual Property

●     Advised a local startup (mobile application developer and graphics design company) on copyright infringement laws in a dispute against a competitor.

●     Advised a local streaming service provider in relation to a disputed copyright licensed content.

●     Advised a number of foreign and local firms on the registration and protection of copyright, trademarks and patents.

 

Real Estate

●     Advised and represented a foreign owned garments factory on lease termination and modification issues.

●     Advising and representing a local real-estate management company on high-value real-estate disputes and shareholder disputes.

●     Advising CapitaLand Development Ltd. in commercial real-estate disputes with stakeholders.

 

Securities & Tax

●     Advising a local consortium on the establishment and licensing issues of an alternative investment fund.

●     Advised aosphere LLP (an affiliate of Allen & Overy LLP) in relation to disclosure obligations for share acquisition under the securities laws of Bangladesh and regulatory issues of Bangladesh Securities and Exchange Commission (BSEC).

●     Advised a global asset management company on legal implications of swap instruments on mutual fund units and related disclosure obligations.

●     Advised Morgan Stanley on securities laws concerning disclosure obligations arising from substantial acquisition of shares.

●     Advised the Commonwealth Bank of Australia on substantial share acquisition disclosure obligations.

●     Advised local mutual fund and asset management company, Impress Capital Limited on a wide range of securities laws in Bangladesh.

●     Advised Unilever Bangladesh on local government/municipal and advertisement tax laws.

 

The aforementioned list includes representative matters in which Ahnaf worked as part of a team and/or under lead/senior counsel.

Consultancies & Advisory Roles

Independent Advisor to the Board, Capita Winfield JV              FEB ‘20 - present

  • Responsible for acting as an independent advisor to the Board on a range of issues including corporate governance, corporate ethics, company law compliance and other legal and regulatory matters.

Legal Advisor & Company Secretary, Big Bad Wolf Bangladesh Ltd.  MAR ‘19 - present

  • Providing company secretarial support and legal advice to this leading Malaysia-based book sales company.

Senior Consultant (Legal and Strategy), Shetu Corporation Ltd. SEP ‘18 - present

  • Responsible for advising the Board on a wide range of commercial, corporate affairs and legal issues engaged of this leading, local agro-chemicals (crop care/protection) manufacturing and distribution company.

Legal Consultant, Bangladesh Legal Aid and Services Trust (BLAST) SEP’ 17

  • Advised on road traffic, safety and transportation laws and participated in stakeholder discussions on various platforms regarding the road safety issue on behalf of BLAST in addition to advising on legal and policy reform in the area.

Legal Consultant, Tazreen Claims Administration Trust (TCAT)          FEB - MAY ‘16

  • Served as a Legal Consultant and Claims Reviewer to TCAT under the leadership of Dr. Mojtaba Kazazi (an international law practitioner, arbitrator and former Executive Head of the UN Compensation Commission). TCAT was an ad-hoc mass claims processing scheme for compensating the victims of the Tazreen Garments Factory fire in Dhaka, funded by several international donors.  

 

Publications and Reports

  • Co-contributor, Enabling the Business of Agriculture in Bangladesh (Transport) & (Access to Water), World Bank Group (http://eba.worldbank.org/local-experts/bangladesh ) (2016).

  • Research assistant to Dr. Kamal Hossain and Dr. Sharif Bhuiyan, ICCA International Handbook on Commercial Arbitration (Bangladesh Chapter), The International Council for Commercial Arbitration (Kluwer Law International, Suppl. 89, June 2016).

  • Research assistant to Dr. Kamal Hossain, Economic and Social Justice under the Bangladesh Constitution (A.K. Khan Memorial Lecture, Chittagong University) (2016).

  • Member, Proofing Team, International Law and Developing Countries: Essays in Honour of Kamal Hossain (2nd Edn, University Press Limited, Bangladesh).

Presentations and Seminars

  • Delivered presentation/workshop on legal issues faced by startups, organised by GP Accelerator, Grameenphone (2018).

  • Delivered presentation on legal issues pertaining to venture capital, organised by LightCastle Partners (2018).

  • Delivered a presentation to the panel lawyers of the Bangladesh Legal Aid and Services Trust (BLAST) on the compensation provisions in the draft statute on road transport and traffic in Bangladesh (2015).

  • Speaker on behalf of Dr. Kamal Hossain & Associates at a roundtable conference on road safety organized by The Daily Star at The Daily Star Centre, Dhaka (2015).

  • Participant at a seminar organized by BRAC (world’s largest NGO) on the new set of proposed legislation on road transport and traffic (2015).