The Law Counsel

The Law Counsel provides a range of  legal advice to a number of companies incorporated and registered in Bangladesh. It incorporates and register companies in Bangladesh and also carries out liquidation by acting as the liquidator (in voluntary winding up proceedings). Over the last couple of years the firm has incorporated a number of 100% foreign owned companies. The lawyers of the Law Counsel  have a good working relationship with the Registrar of Joint Stock Companies and Firms and has experience of incorporating and liquidating companies within a short time.

The firm also provides secretarial services to companies. Lawyers regularly drafts notices, board resolutions and shareholders resolutions for companies and occasionally sits on the board of companies (on invitation) when complicated issues of law and procedure arise.

Lawyers of the firm are also active in litigation involving companies. They have been involved in a number cases relating to the appointment/removal of directors, rectification of  share register, minority protection and  winding up.

Representative clients: Social Islami Bank Limited, National Credit and Commerce Bank Limited, Reliance Insurance Limited, BD Foods Limited, Sabjiana Limited, Capital Tower (Pvt.) Limited, National Electronics Limited.

Employment law in Bangladesh is governed by the Labour Act, 2006 (“Act”) and the Labour Rules, 2015 (“Rules”). The Act and Rules applies to workers (labourers) who are employed in commercial enterprises and industrial undertakings. The Act and Rules prescribe the  working hours, weekly holidays, annual leave, medical leave. It also provides for gratuity payments, provident funds and participation in the profits of the company.

General Advice: 

The Law Counsel regularly provides advice to a number of local and foreign companies  in relation to employment matters.It has experience of both vetting and drafting employment manuals for companies. It advises companies in relation to appointment, termination and dismissal. It has prepared flowcharts for companies to follow in relation to disciplinary proceedings. It has also drafted letters of appointment/termination/dismissal where such  appointment/termination/dismissal is likely to lead to litigation.

Employee Benefits:

The Law Counsel has advised a number of local branches of foreign companies and firms such as Columbia Sportswear in relation to employment law issues. It has assisted foreign companies in calculating termination benefits of employees. It provides advice to such companies on the entitlement of employees to annual and casual leave.  It has also drafted and reviewed the rules and regulations governing gratuity and provident funds.

Industrial Disputes:

Recently, the firm advised in an industrial dispute. This was the first major industrial dispute in Bangladesh concerning a multinational company. The Law Counsel oversaw and vetted correspondence with the trade union and advised with regard to the legitimacy of their demands. It advised the company right through the negotiations with the union which led to the execution of a memorandum of understanding.

Litigation:

The Law Counsel has a dedicated team of lawyers practising before the Labour Courts and the Labour Appellate Tribunals of Bangladesh. In a recent case, the Law Counsel successfully represented workers of Unilever in relation to their right of participation in the profits of the company. The case sparked similar cases by workers in other companies, which compelled the Government to amend the Labour Act in 2013.

Employee Share Programmes:

The Law Counsel has advised foreign law firms and corporate clients with regard to the provision of employee share programs, such as RSU to local subsidiaries in Bangladesh. The firm has been providing innovative solutions to foreign companies in order to circumvent the securities regulations in Bangladesh.

Representative Clients: Ibne Sina Pharmaceutical Industries Limited, BD Foods Limited, Columbia Sportswear, Reliance Insurance Limited and Islami Bank Bangladesh Bank.

Divorce and Matrimonial Matters

In particular, clients based abroad have engaged the firm to institute/defend divorce suits and dower recovery proceedings and to complete formalities before the Marriage/Divorce Registrar. We also provide legal representations in child abduction cases arising out of complicated divorce/separation proceedings.

The firm regularly advises clients interested in prosecuting/defending cases under the Nari O Shishu Nirjatan Daman Ain, 2000 (Prevention of Repression Against Women and Children Act, 2000) and Dowry Prevention Act, 1980.

Child Custody Matters

With the rise of divorce rates,  Bangladesh has witnessed an increase in the number of custody cases. A fair number of these custody battles involves parents who are foreign nationals with court orders from foreign courts. The firm has represented clients from the United Kingdom, United States and Switzerland in child custody disputes.

Recently, the firm was involved in a protracted child custody litigation where the High Court provided directions for sharing the custody of the child. Mediation is encouraged as a means of resolving family disputes. The firm has also arranged for mediation in a number of family law cases culminating in out of court settlements.

Adoption / Guardianship Matters

Since adoption is not recognized under Bangladesh law, the firm provides assistance in guardianship proceedings to its clients under the country’s Guardian and Wards legislation. 

Recent Activities: Recently, the firm successfully granted custody of a Swiss child to his father. The matter was actively contested between the parents at all three tiers of the judicial system in Bangladesh. This was one of a handful of cases where custody of a child was handed over to the father.

The firm is also currently assisting a number of expatriate Bangladeshis to obtain guardianship over children for the purpose of adoption in the United States.

The Law Counsel is experienced in advising and assisting in immigration applications for travel to the United Kingdom and United States. Our expertise extends to providing both legal and practical advice regarding execution of all necessary documents for processing visa/immigration/asylum applications.
The firm has the expertise to advise and assist in applications for Indefinite Leave to remain, British Citizenship, Entry Clearance, Family and dependant related visa applications, immigration appeals, as well as the UK’s points-based 5 tier visa system which is the main immigration route for migrants to come to the UK to work or study. Lawyers of the firm are experienced in advising and processing immigration and asylum applications before the UK authorities, including the tribunals and the High Court.
The firm also has extensive experience of providing expert reports containing details of the country’s socio-economic and political conditions relevant for adjudication of immigration and asylum applications. It has provided expert reports to UK law firms, including M-R Solicitors, Uzma Law and Duncan Lewis on matters relating to guardianship, adoption, marriage and divorce laws of Bangladesh as well as advising on authenticity and interpretation of local court records.

The firm regularly provides insurance related advice both to the insurer and insured. It has represented a number of insurance companies against fraudulent claims of insurance and for recovery of premiums. The firm has also successfully  conducted litigation against insurance companies who have failed to make insurance payments.

It recently defended one of the largest insurance companies in Bangladesh against a claim of BDT 17,163,623.52 in relation to a claim arising out of damage to a fish farm caused by flooding due a cyclonic storm. This case, which was one of the first cases of its kind to be decided by the High Court Division, had an important impact on the insurance market in the coastal regions, resulting in companies situated in the coastal belt having to take out additional insurance for protection.

The firm is currently defending insurance companies in a number of court proceedings against motor insurance claims, fire insurance claims, machinery breakdown and flood insurance claims. The firm has also successfully negotiated out of court settlements on behalf of insurance companies and has participated in arbitration proceedings relating to quantification of the insurance claims.

The Law Counsel has also  prepared and filed appeals before the Insurance Development Regulatory Authority of Bangladesh under its new rules of adjudication for disputes between insurers and insured which were published recently in 2013.

Representative Clients:  Reliance Insurance Limited, Popular Life Insurance Limited, Prime Islami Life Insurance Limited, Homeland Life Insurance Company Limited, BD Foods Limited.

The Law Counsel has a dedicated team engaged in registering foreign trademarks in Bangladesh and attending hearings before the Trademarks Registry when objections are raised to the registration.

The firm also regularly represents clients in passing-off and trademark litigation before the District Court and the Supreme Court. Recently the firm represented a Swiss multinational pharmaceutical company in a trademark appeal in the Supreme Court which culminated in an out of court settlement.

The firm carries out searches and background checks of entities in breach of trademark laws in order to advise on the feasibility of pursuing trademark claims.

The firm has recently advised a leading information technology company on copyright issues involved in offering access to movies/music via an online store. The firm is currently advising a Hong Kong based company and a Thailand based corporation with regard to registration of trademarks and industrial design in Bangladesh. 

The firm has collaborated with foreign firms such as Irfan and Irfan, Pakistan and United Trademark and Patent Services, UAE in taking steps against infringement of foreign trademarks in Bangladesh.

Representative Clients: Micro-Pak Ltd. (Hong Kong), Al-Baik (Saudi Arabia), Siam Cement Public Company Ltd. (Thailand), Siam Kubota Corporation (Thailand), Novartis (Switzerland), Ibn Sina Pharmaceuticals Ltd.