N. M. Eftakharul Alam Bhuiya obtained his LL.B (Hons) and LL.M in Commercial Law from the University of Dhaka, Bangladesh. He has a broad legal background with more than nine years of experience on corporate-commercial law. He is an enrolled Advocate of the Supreme Court of Bangladesh and a part-time Lecturer of The Millennium University.
Prior to joining The Legal Circle, Eftakhar has worked as acting Head of Legal Department of bKash Limited, the largest Mobile Financial Services (MFS) provider in the world, where he has also worked as coordinator of Central Compliance Unit (CCU) and Dispute Resolution Team of bKash.
Prior to that, he has worked as in-house Legal Counsel of Grameenphone Ltd., the largest Mobile Network Operator (MNO) of Bangladesh. He has also worked for other reputed companies and law firms.
Eftakhar has obtained Board Scholarship both in S.S.C and H.S.C results, secured First Class in his LL.M and was rated as ‘Outstanding’ performer while working with bKash and Grameenphone. Such educational and professional background demonstrates his abilities to advise clients. He has been representing clients in different courts and tribunals and has been advising local and foreign clients in structuring transactions, private equity investment, share issue/ purchase, merger & acquisition, public/private takeovers, repatriation matters etc. His area of expertise covers Telecom Laws, Banking & MFS Laws, Corporate Finance & Securities Law, Intellectual Property, Labour and Land Laws.
RECENT REPRESENTATIVE MATTERS:
Business Incorporation/ Registration.
- Eftakhar advises on formation of foreign, joint venture and local businesses and liaison offices at the Registrar of Joint Stock (RJSC) and Bangladesh Investment Development Authority (BIDA). He has advised in the formation of business in ITES (information technology enabled services), consultancy, telecommunications and real estate sectors in Bangladesh.
Merger, Acquisition & Repatriation
- Advised clients of IT and ITES sector in structuring transactions, private equity investment, merger and acquisition matters, etc.
- Eftakhar advised a client in repatriating USD 6,264,063.75 (BDT 52,93,39,200.00) in accordance with Bangladesh Bank guidelines and applicable tax laws.
Agreement Drafting and Review
- Eftakhar has drafted exclusive and non-exclusive distributorship and agency agreements for MFS provider, telecommunication service provider, international freight & forwarding agent, transport and human resource service provider in Bangladesh.
- Drafted many landmark agreements for bKash including but not limited to Remittance Agreement with Western Union & MasterCard, NID Access Agreement with Election Commission, HR Outsourcing Agreement, Data Centre Agreement, Call Centre Agreement etc. and introduced new KYCs for its customers, agents, merchants etc.
- Reviewed Master Agreement for sharing of Passive Infrastructure of Grameenphone with (i) Banglalink, (ii) Augere, (iii) Fibre@Home, (iv) Summit Communication Ltd., (v) Bangladesh Internet Exchange Limited, and Joint Venture Network Expansion Agreement among Grameenphone-Banglalink-Robi at Jamuna Future Park, Dhaka, the largest network expansion project of the country.
Human Resources & Employment Issues
- Drafted and implemented Human Resources (HR) Policy for banks, garments and MFS provider in Bangladesh.
- Advised both employers and employees regarding termination and dismissal procedure, claims arising thereto, compensation package and disciplinary matters. He was a member of disciplinary hearing committee of the leading MFS provider in several occasions.
- Drafted policy document and agreement on Gratuity and Provident Funds in light of local labour and tax laws.
- Drafted/reviewed employment agreement, confidentiality agreement, policies etc.
- Represented both employers and employees in Labour Court on employment dispute.
Policy & Guideline
- Drafted and introduced Anti-money Laundering Policy for a mobile financial services provider in compliance with Guidance Notes on Prevention of Money Laundering and Terrorist Financing issued by Bangladesh Bank and the Money Laundering Prevention Act, 2012 of Bangladesh.
- Vetted and provided comments 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 draft “Regulatory Guidelines for Mobile Financial Services (MFS) in Bangladesh (Revised version, July 2015)” circulated by Bangladesh Bank for finalizing it.
- Advised clients in participating tender of mobile number portability (MNP) conducted by Bangladesh Telecommunication and Regulatory Commission (BTRC) and supply of electrical meter and other equipment called by BREB, BPDB, DESCO etc.
- Conducted due diligence and provided legal opinion on 649 acres land documents of Cox’s Bazaar for a 200MW Solar Power Project in Bangladesh.
- Vetted land documents of Purbachal, Dhaka and registered 55 acres land with the concerned registration office for a renowned real estate company.
- Reviewed legal documents and provided legal opinion to construct 1000+ BTS for the leading mobile network operator (MNO) in Bangladesh.
SPEAKING & TRAINING ENGAGEMENTS:
- Conducted Training on Labour Act, 2006 and Labour Rules 2015 for HR Professionals of different companies on 28 & 29 July 2017, organized by SGS Bangladesh Limited.
- Speaker at “GPAccelerator Info Session: Legal Aspects of Startups”, held on 12 February, 2017 (https://sdasia.co/2017/02/19/43256/), organized by Grameenphone Ltd. and SD Asia Ltd.
- Mentor at “GP Accelerator Program: Batch 2”, 28 September, 2016, organized by Grameenphone Ltd. and SD Asia Ltd.
- Conducted training titled “Drafting of Commercial Agreements” and “Impact of Competition Act, 2012 and Roadmap of Compliance” for employees of bKash Limited.
- Co-Author of Bangladesh Chapter of “LexisNexis Mergers & Acquisitions Law Guide 2017”, published by Lexis-Nexis, a reputed international legal publication company.
- Co-Author of Bangladesh Chapter of “The Employment Law Review: Eighth Edition”, published by Law Business Research Ltd.
- Co-Author of Bangladesh Chapter of “LexisNexis Foreign Investment Law Guide 2017-2018”, published by Lexis-Nexis.
- Co-Author of Bangladesh Chapter of “LexisNexis Company Law Guide 2017-2018”, published by Lexis-Nexis.