N. M. Eftakharul Alam Bhuiya

LLB (Hons), LLM in Commercial Law
University of Dhaka, Bangladesh
Advocate, Supreme Court of Bangladesh

Contact

Phone number: +8801711120550

Phone number: +88 02 58814311

Email: eftakhar@legalcirclebd.com

BIOGRAPHY

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 ten years of experience on corporate-commercial law. He is an enrolled Advocate of the Supreme Court of Bangladesh and a part-time Faculty Member 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 leading law firms and companies.

Eftakhar has obtained First Class in his LL.M in Commercial Law and was rated as ‘Outstanding’ performer while working with bKash and Grameenphone. He has been acting as legal counsel of a number of leading companies and has been advising both local and foreign clients on a number of issues ranging from structuring transactions, private equity investment, FDI, share issue/ purchase, merger & acquisition, public/private takeovers, repatriation matters, conducting due diligence of target companies, IPR, employment issues etc. and has been representing clients in different courts and tribunals. His area of expertise covers Telecom Laws, Merger & Acquisition, 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, health, hotel management, gas & oil 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.
  • Acted as local counsel of Baker Botts, a leading global law firm, where we represented a potential purchaser, bidding for the acquisition of majority shares of an offshore Gas and Oil Field of Bangladesh.
  • Advised a client in preparation of all deal documents for Closing of Series A investment amounting USD 6.4 million.
  • Advised a client to repatriate USD 6.2 million (BDT 52,93,39,200.00) in compliance with Foreign Exchange Guidelines and applicable tax regulations of Bangladesh.

Agreement Drafting and Review

  • Drafted and/or reviewed various agreements, MOU, memoranda etc. for both local and foreign clients, which includes but not limited to, Share Subscription Agreement, Share Purchase & Sale Agreement, Term Sheets, exclusive and non-exclusive distributorship and agency agreements for MFS, FMCG, telecommunication sector, international freight & forwarding agent, transport and human resource service provider, Hotel Management Agreement, Don-Disturbance Agreement, Undertaking, Indemnity Bond, Power of Attorney, Sale Deed, Cross-Corporate Agreement, Syndication documents etc..
  • Represented bKash and drafted many landmark agreements for bKash (largest MFS provider in the world) 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.
  • Represented Grameenphone Ltd. (leading telecommunication provider in Bangladesh) and drafted/ 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

  • Co-Author of Bangladesh Chapter of “The Employment Law Review: Eighth Edition”, published by Law Business Research Ltd.
  • 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 of Bangladesh in several occasions.
  • Drafted and/or reviewed employment contract, appointment letter, NDA etc. for various international and local clients (Mövenpick Hotels & Resorts Management Ag, Pathao Inc., Grameenphone Ltd., bKash Ltd., Celero Ltd., etc.), advised and represented on many other employment matters.
  • 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. for both foreign and local clients.
  • 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.

Tender

  • 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.

Real Estate

  • Conducted due diligence and provided legal opinion on acquisition of 649 acres land documents of Cox’s Bazaar for a 200MW Solar Power Project in Bangladesh.
  • Reviewed and provided opinion on 40 acre land documents situated at Panchagarh district, Bangladesh for a 50 MW Solar Power Project in Bangladesh.
  • Vetted land documents and registered 55 acres land with the concerned registration office of Purbachal, Dhaka for a renowned real estate company of Bangladesh.
  • Reviewed legal documents and provided legal opinion on acquisition of land to construct 1000+ BTS for the leading mobile network operator (MNO) in Bangladesh.
  • Advised Mövenpick Hotels & Resorts Management Ag, a renowned international hotel chain to acquire land in Bangladesh for construction of resorts.

 

SPEAKING & TRAINING ENGAGEMENTS:

  1. Adjudicator of the International Environmental Law Moot Court Competition, 2018 jointly organized by Eastern University & SED Foundation in collaboration with EUMCS.
  2. 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.
  3. Speaker at “Seminar on Factory Compliance: Law and Reality” held on 17 October, 2017 organized by Faculty of Law, American International University-Bangladesh.
  4. 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.
  5. Mentor at “GP Accelerator Program: Batch 2”, 28 September, 2016, organized by Grameenphone Ltd. and SD Asia Ltd.
  6. Conducted training titled “Drafting of Commercial Agreements” and “Impact of Competition Act, 2012 and Roadmap of Compliance” for employees of bKash Limited.

 

PUBLICATIONS:

  1. Co-Author of Bangladesh Chapter of “LexisNexis Mergers & Acquisitions Law Guide 2018”, published by Lexis-Nexis, a reputed international legal publication company.
  2. Co-Author of Bangladesh Chapter of “The Employment Law Review: Eighth Edition, published by Law Business Research Ltd.
  3. Co-Author of Bangladesh Chapter of “LexisNexis Foreign Investment Law Guide 2017-2018”, published by Lexis-Nexis.
  4. Co-Author of Bangladesh Chapter of “LexisNexis Company Law Guide 2017-2018”, published by Lexis-Nexis.
  5. Co-Author of Bangladesh Chapter of “LexisNexis Mergers & Acquisitions Law Guide 2017”, published by Lexis-Nexis.