Farooq and Associates

Managing Partner:M Imtiaz Farooq

Senior Partner:1. Arunima Dutta Aurni

2. Md. Faisal Islam

Junior Partner: 1. Md Ashikur Rahman

2. Drobo Chakraborty

3. Tahseen Lubaba

Number of Partners:5

Number of lawyers:20

Languages:English, Bangla

Firm Overview:

FAROOQ AND ASSOCIATESis among the leading law firms in Bangladesh, and offers a range of specialist legal services and assistance in various sectors of law to both domestic and international clients.

As a young nation and as a developing economy, Bangladesh experiences ubiquitous reform and evolving policy and legislation; yet in many sectors continues to be governed by antiquated laws unsuited for the present times and current market environment, which often act as impediments to investment and growth, unless dealt with care and skill. Our firm has developed a reputation for being pioneers in anticipating and adapting to changes in law, and commercial and regulatory environment; we strive towards constant betterment of our understanding of the changing legal system and this methodology enables us to best serve our clients.

In its formative years, Farooq and Associates developed into a law firm that excelled in dispute resolution and continues to hold an esteemed reputation for having a strong team of litigators devoted to civil and commercial disputes; over the years that followed transaction legal practice and foreign investment has become one of our key specializations.

At Farooq and Associates we aspire to aid foreign investors in making secure and sustainable investments, and local partners in negotiating strong and well-balanced legal relationships and contracts with foreign investors; we value transparency, open dialogue and aim to exercise meticulous diligence in formulating advice precisely calibrated for cross-border transactions.

We hold diverse experience in working for both the public and the private sector and in working on public-private partnership projects, representing on different matters public bodies and statutory authorities as well as private investors and contractors. Our vast experience in representing the different parties involved in transactions, and our first-hand knowledge of the key concerns and objectives of these different parties, gives us an unique perspective and holistic understanding of what is required for the effective and efficacious structuring, documentation and delivery of projects and transactions.

We provide our clients with tailor made services at affordable cost with high standard in both corporate (commercial) and litigation-based services.

We undertake advisory work for corporate clients on matters such as negotiation and review of contracts, international trade, banking regulations, joint venture agreements, corporate finance arrangements, establishing companies, taxation, etc, and have developed expertise and understanding of the legal framework of Bangladesh relating to major investment and infrastructural development activities.

We present a brief overview of the firm’s strengths, expertise and capabilities in various fields of law:

STRUCTURED AND PROJECT FINANCE

We advise on large scale private development and investment projects secured through diversified financing models including formation of SPVs, Syndicated loan arrangements, securitization etc. We remain well versed with global development and investment trends in both established and emerging markets and therefore can assist our clients in assessing and managing the many variables that can affect the outcome of a project or transaction, including the political, social, legal and other risks that are inherent in complex, large-scale projects. Our extensive experience in structuring, documentation, and litigation relating to such projects provides us with the aptitude to apply best practices and innovative methods in all aspects of formation, management and operation of public private partnership ventures and other forms of project finance.

CORPORATE

We offer services to our clients in all areas of commercial and corporate law and represent clients in negotiating contracts, advising on contractual terms and conditions at pre-agreement stages, identifying potential areas of conflict and also drafting of appropriate agreements and other relevant documentsin a legally compliant manner.

We also provide a full range of services for regulatory compliance in setting up of subsidiaries, branch and representative offices of banks, financial institutions and companies in Bangladesh and have also assisted a number of clients from Canada, China, France, Hong Kong, India, Japan, Norway, Singapore, Thailand, UK, US and more in establishing their subsidiaries, liaisonand branch offices in Bangladesh. In addition, we assist our clients in obtaining work permits for their expatriate employees and business representatives, Bangladesh Bank permission for opening of Bank Accounts etc.

We further offer complete service including obtaining incorporation at the Registrar of Joint Stock of Companies (RJSC), registration with the Bangladesh Investment Development Authority (BIDA), obtaining of Trade Licenses and security clearance.

CAPITAL MARKET

Our team represents issuers, underwriters, mutual funds, AMCs, brokers, custodians and other stakeholders in Bangladesh. We have advised on IPOs and other capital markets offerings for clients and also regularly advise banks and other financial institutions on financing and other regulatory aspects of the capital market.

CORPORATE FINANCE

We have developed a niche practice in advising clients on corporate structuring, public and private mergers and acquisitions, both domestic and cross-border; IPOs and other securities offerings, joint ventures and inward investment, investment funds, and tax issues in Bangladesh and internationally. Having experience from engagement in a number of largest share transactions and investment in Bangladesh, we are proud of the continuing success of our team.

CUSTOMS AND TAXATION

Our team is experienced in providing advice and opinions on a number of complex taxation issues and the firm has a thriving customs and taxation litigation practice before the Commissioner of Taxes (Appeal), Taxes Appellate Tribunal and the High Court Division of the Supreme Court.

INSOLVENCY AND DEBT RECOVERY

Our strong creditor-side practice remains a powerful player in the market. We are well reputed forour polished, tailor-made services. and are well known for our aggressive yet compliant strategies in recovering debts for our clients. Our lawyers have forceful presence in proceedings under Artha Rin Adalat Ayn, Negotiable Instruments Act and related issues in all forums, including the Supreme Court of Bangladesh. Additionally, we have earned the reputation for our astute commercial insight and have attracted a diverse clientele.

SHIPPING AND MARITIME

We advise clients on Charter party disputes (time voyages, COAs, bareboat), Cargo claims, P&I and FD&D Club Rules, Collisions, salvage, B/L and other documentary claims and disputes. In addition, we advise and represent clients in disputes related to sale of goods and letter of credit.

INTELLECTUAL PROPERTY

Our team provides comprehensive range of IP related services, inter alia, searches at the Department of Patents and Trademarks, registration of Trademark/Patent/ Copyright, representation in IP related disputes etc based on experiences in all aspects of IP. Our team consists of lawyers with right of audience in multiple jurisdictions including the US, UK and Bangladesh specializing in Trade Marks Law. Besides our wide-ranging local clients, we regularly advise foreign clients on IP related issues.

REGULATORY AFFAIRS OF PUBLIC BODIES

We are involved in advising a large number of public bodies on the interpretation and implementation of their powers, complexities and challenges in their operation and management. Among the number of public bodies, we are involved with and represent Bangladesh Oil Gas Mineral Corporation (Petrobangla), BAPEX, Ministry of Power Energy and Mineral Resources, Public Private Partnership Authority (operating under the Prime Minister’s Office), Bangladesh Atomic Energy Commission, RAJUK, REB, RDA, Bangladesh Bank, the National Museum, University of Dhaka, Jahangir Nagar University, and more. Our experience and extensive work with legislation and regulatory guidelines which establish with knowledge allows us to aptly undertake comparative analysis of management and decision-making framework of governmental authorities whenever necessary.

LITIGATION, ARBITRATION & DISPUTE SETTLEMENT

We provide our clients with tailor made services at affordable cost with high standard in both corporate (commercial) and litigation based services. Our litigation based services includes, company matters, judicial review (writ petition), admiralty suit, tax reference, labour dispute and our team is experienced in litigation at all levels of the District Court and the Supreme Court of Bangladesh, and represents a range of clients including Financial Institutions, Governmental and Statutory bodies, Companies and Corporations, Private Investors and NGOs. As one of the larger banking litigation practices in Bangladesh, our Firm has expertise in Quasi-criminal Proceedings under the Negotiable Instruments Act, Insolvency Proceedings under the Bankruptcy Act, Proceedings under the Artha Rin Adalat Ain, Insurance, Employment, and General Corporate litigation as well as criminal cases in fraud and breach of trust matters. We present a brief overview of the firm’s strengths, expertise and capabilities in litigation based services:

Judicial Review (Writ Petition)

We have vast experience in filing judicial reviews (writ petitions) under Article 102 of the Constitution of the People’s Republic of Bangladesh. The nature of these writ petitions includes but is not limited to challenging the actions of the different government bodies and agencies, seeking declaration and direction upon the different government bodies and agencies to do what they are required by law to do. Our services include preparing representations, drafting applications, making necessary filings and copies and representing our client in the hearings before the relevant Court. We have represented many local and international companies in such judicial reviews and challenged actions of, among others, the Ministry of Finance, the Ministry of Local Government, Bangladesh Energy Regulatory Commission, Dispute Resolution Committee of Insurance Development Regulatory Authority, Election Commission and District Election Office, Rural Development and Cooperatives, the Ministry of Public Works, the National Board of Revenue and the Customs House.

Company Matters

We offer services to our clients in all areas of commercial and corporate law and represent clients in Company Matters filed before the High Court Division of the Supreme Court of Bangladesh. The Company Matters range from filing applications under the Companies Act 1994 of Bangladesh for confirmation of alteration of object clause of Memorandum of Association of a company, application for condonation of delay for submission of return of allotment, application for condonation of the delay in holding the Annual General Meeting, exonerate companies from paying any fine. We also offer clients to file application before the High Court Division of the Supreme Court of Bangladesh under the Companies Act 1994 for obtaining approval for merger and amalgamation of companies in Bangladesh. Our Firm has been involved in the amalgamation of Ananta Apparels Limited (one of the leading readymade garments manufacturers in Bangladesh) with it’s subsidiaries. Our Firm has also been involved in the landmark amalgamation of Robi and Airtel in Bangladesh, two of the leading telecom operators in Bangladesh.

Income Tax References

Our Firm advises local and international companies in corporate tax matters and represent clients in the first appeal before the Commissioner of Taxes (Appeal), second appeal before the Taxes Appellate Tribunal and the income tax references before the High Court Division of Supreme Court of Bangladesh. The Income Tax References are filed pursuant to section 160 of the Income Tax Ordinance 1984 to decide the questions of law as framed in the application. Our services include preparing and filing the income tax references, the stay applications and the delay applications (where relevant) as well as appearing and arguing before the relevant Court. We have filed income tax references for many renowned companies, including but not limited to Aggreko International Projects Limited, Cisco Technology Bangladesh Limited, GE Healthcare Bangladesh Limited, Nokia EA Limited, Microsoft Bangladesh Limited, etc.

Insolvency and Debt Recovery

Our strong financial issue related practice remains a powerful player in the market. We are well reputed for our polished, tailor-made services and are well known for our aggressive yet compliant strategies in recovering debts for our clients. Our lawyers have forceful presence in proceedings under Artha Rin Adalat Ayn, Negotiable Instruments Act and related issues in all forums, including the Supreme Court of Bangladesh. Additionally, we have earned the reputation for our astute commercial insight and have attracted a diverse clientele.

Admiralty

We advise clients on Charter party disputes (time voyages, COAs, bareboat), Cargo claims, P&I and FD&D Club Rules, Collisions, salvage, B/L and other documentary claims and disputes. In addition, we advise and represent clients in disputes related to sale of goods and letter of credit. Our Firm has represented a number of the lessors of containers for their claim on the sale proceeds from the sale of containers by Chittagong Port Authority owned.

Arbitration

Our Firm have experience in both local and international arbitration practice and is very active in the field of Arbitration. The Head of Chamber of our Firm has acted as counsel in numerous arbitrations in front of ICSID, SIAC, ICC, Bangladesh Energy Regulatory Commission (BERC) and the Dispute Resolution Committee of the Insurance Development Regulatory Authority (IDRA). Our services include preparing representations, drafting applications, making necessary filings and copies and representing our client in the hearings before the relevant arbitration forum. Our Firm has represented and currently represents numerous clients in the field of arbitration multinational companies, foreign investors, sovereign states and local clients which includes and are not limited to TIGS/Monaco Group LLC, USA, Halliburton, General Electric, Prime Group of Industries, Bangladesh, LANCO India, Rahimafrooz Group, Bangladesh National Insurance Company Limited, etc.

Practice Area:

Power & Energy

Project Finance

Arbitration & Dispute Resolution

Litigation

Employment & Labour

Admiralty & Shipping

Corporate & Company

Merger & Acquisition

Tax, VAT & Customs

Telecommunications & Technology