Professional Qualifications
- Barrister of England and Wales (2005)
- Advocate, Supreme Court of Bangladesh (2009)
Educational Qualifications
- City University London, PGDip, 2005
- Inner Temple, UK Call to the Bar, 2005
- University of East London, LL.M 2004
- University of London, LL.B (Hons), 2003
Biography
Barrister Iftekhar Jonaed has experience in a wide variety of Legal, Regulatory and Policy engagement, including in particular in relation to structuring and advising bilateral trade transactions, structuring inward and outward investment aligning with Bangladesh Law and other applicable jurisdictions, advising potential entrepreneurs on legal and regulatory process in setting up businesses in different sectors, trade finance, project finance, international trade and cross border merger & acquisitions. His work in the starting business covers a range of pre-set up and investment financings acting for both founders and other stakeholders notably in general trading, fintech, ICT, financial sectors, telecoms, soft commodities and metals sectors with particular.
Barrister Jonaed has worked and travelled extensively in Europe and Asia having spent more than a decade in working together with premier international law firms Clifford Chance, Milbank etc. He was engaged in a number of international business forum and seminars and speaking at conferences on PPP.
Recent Legal Engagements
- Represented and executed an Investment amounting US$ 8.6 million on behalf of Partners Group, Singapore in a Bangladesh Company by way of FDI and private transfer of equity.
- Advising and assisting with corporate, regulatory and structuring of a US$ 130 million 100% investment project in the textile industry being established in Bangladesh.
- Assisting a renowned Sri Lankan Aviation Group to establish Aviation and Freight Forwarding business in Bangladesh.
- Negotiated and executed a transaction on behalf of an Indian limited company to invest in a Bangladeshi company a capital of US$15 million through issuance of premium shares.
- Advised and assisted one of the leading public limited companies in Bangladesh in its US$ 17 million acquisition of 100% shareholding of another company.
- Recently advised Kuwait Airways on their establishment and operation in Bangladesh.
- Advising a UK based MNC in connection with a merger in Bangladesh.
- Advised Nagad, one of the market leaders in Digital Financial Services in various legal and regulatory matters.
- Engaged with Gates Foundation for an investment in Bangladesh.
- Advised Mercantile Bank as their Legal Advisor. Their i-banking and MyCash are well regarded for technical innovation.
- Advised Grameenphone and represented in the Supreme Court of Bangladesh challenging the Audit by BTRC and did won the case in the Court.
- Advised Chaldaal dot com, Pathao, Jadroo Dot Com and many others in their establishments in Bangladesh.
- Advising an international venture firm in a venture round of an investment amounting US$10 million in a Bangladeshi Fintech company.
- Advising local sponsors on structuring investment for a matchmaking platform
- Advised SEBPO (Servicengine BPO) on different corporate, regulatory, investment and dividend repatriation matters.
- Advised Ask Telecom on their shareholders and regulatory affairs.
- Advised Beliv It, a tech start-up in connection with its engagement in a blockchain-based platform.
- Rendering strategic, commercial, and regulatory advice to an Insurance Company to assist it with its application to IDRA to operate with a Fintech platform.
- Advising a local tech company on launching digital KYC.
- Advised and Represented RPCL, one of the oldest Power Plant owned by Govt. of Bangladesh. Engaged in Negotiation for dispute resolution with vendor amounting approximately US$ 40 million. Carried legal due diligence with regard to feasibility studies of Kadda Power Plant, Gazipur. Engaged in Arbitration Proceedings under ICC Arbitration Rules held in Paris representing our clients claim for Euro 32 million.
- Advised Payra Power Generation Company to sponsor a 150 MW HFO Fired Power Plant named United Payra Power Limited from evaluation to PPA stage (Power Purchase Agreement Signed in August 2019) The Project is now under implementation.
- Advised Concord Pragatee Consortium Ltd, sponsor of 55MW Rental Power Plant at Ashugang under BPDB – Gas Fired – Commercial Operation Started on March, 2010.
- Advised on Engineering, Procurement & Construction (EPC) of 50MW Dual Fuel Power Plant at Kodda, Gazipur under RPCL-HFO Fired – Completed on April, 2012.
- Advising and representing a local consortium of investor of a 54 MW IPP (Independent Power Plan) on its restructuring and documentation (i.e. Power Purchase Agreement etc.) for Power Development Board.
- Advising and representing a local Quick Rental Power Plant in its dispute with technical partner regarding EPC Contract and O & M Services.
- Advising and representing a Power generating company in Bangladesh with regard to carried on legal compliance before issuance of FAC (Final Acceptance Certificate) for a Turn – Key EPC contract of 250 MW dual fuel power plant.
- Advising a local investment group on the joint venture with a technical partner in its bid to secure an award for a 50 MW quick rental power plant.
- Engaged in structuring different SPV with regard to investment of EFH Energy Ltd, a subsidiary of EMP Global for investment of US$ 110 million.
- Advising and representing a local consortium of EPC contractors for drafting the EPC contract for a successful bid with a government owned power plant of 50 MW IPP.
- Advised one SPV for its 200 MW HFO fired power plant from feasibility stage. PDB gave primary approval upon evaluation and the project is now at Tariff Negotiations stage with PDB.
- Currently advising one of the most reputed pharmaceutical company’s amalgamations with another major pharmaceutical manufacturer along with all the assets and licenses of the latter.
- Currently advising one of the leading bottling company of an international carbonated beverage manufacturer with its amalgamation with another bottling unit of a subsidiary company (which we also advised in acquiring).
- Presently advising a major aluminum manufacturer company with a US$ 16 million acquisition of a denationalized jute mills and advising the conversation of the latter for a special economic zone (SEZ).
- Recently advised a merger and restructuring of 3 (three) major RMG manufacturing companies with 100% foreign shareholding and their amalgamation of assets, retrenchment of workforce and asset relocation where cumulative investment is valued at US$ 90 million.
- Representing the seller of shares of a telecom company in the largest share acquisition in the history of Bangladesh, worth US$350 million.
- Advised and assisting a renowned textile industry in Bangladesh with its US$ 10 million acquisition of another knitting industry and dealing with all human resources migration.
- Advised a local conglomerate with its acquisition of 100% shareholding of denationalized private jute mill along with its governmental liability and transfer of licenses, and securing all necessary regulatory approval of converting the same for a gated community real estate development project of USD 110 million.
- Currently acting as local legal counsel for HDFC Hong Kong Branch regarding a foreign loan facility of US$ 50 (fifty) million to a local telecom operator in Bangladesh.
- Advising a local conglomerate in documentation and availing debt financing from IFC and FMO in the amount of US$ 12.5 Million.
- Advising one of largest garments producing manufacturing unit of Bangladesh in securing a foreign debt financing in the amount of US $ 9.5 million against project expansion.
- Representing a large manufacturing company in securing foreign equity financing by institutional investors through issuance of shares at premium.
- Advised one of the largest Bangladeshi corporate investors in a subscription of BDT 750 million amortizing Senior Bond to be issued by a leading local enterprise.
- One of the leading members of the team representing a local investor in subscribing US$20 million senior bonds issued by a leading telecom company of Bangladesh.
- Advising and representing two foreign joint venture companies in Bangladesh obtaining over US$ 23 million in foreign debt financing.
- Pre-acquisition due diligence, documentation and execution thereof related to procurement of 26,000 sft commercial floor space on Gulshan Avenue, in Dhaka, Bangladesh by our client.
- Advising, structuring, due diligence and documentation for acquiring of 27.13 acres of industrial land in Bhaluka, Mymensingh for setting up of production facility by our client.
- Advising, negotiating and documentation of a long-term lease agreement of a commercial building in Motijheel owned by our client to one of the leading foreign banks in Bangladesh.
- Negotiate, represent, and documentation for leasehold of 120,000 sqft of industrial floor space in Gazipur, Bangladesh on behalf of the Lessee, our client.
- Advising, negotiation and settlement of dispute arising out of a long-term land lease in Gazipur, Bangladesh (for factory under a BOO arrangement) between our client and the Landlord.
- Advising, negotiating and documentation of various high value residential and commercial apartments / space acquisition in Gulshan / Baridhara / Banani by our clients.
- Advising and assisting registration of trademark of a renowned Association of Bangladesh.
- Undertaking hearing for a trademark registration under the Paris Convention in Bangladesh for large scale producer of drinking water.
- Advising a leading Bangladeshi company in enforcement of its patent rights over a newly-invented building material.
- Represented the seller of shares of a telecom company in the largest share acquisition in the history of Bangladesh, worth US$350 million.
- Advising and representing a telecom industry hardware supplier to obtain approval from Bangladesh Telecom Regulatory Commission (BTRC)
- Advising and representing Airtel Bangladesh Ltd. in various regulatory and transactional issues.
- Representing a local handset producer in negotiating its procurement contracts, procurement of BTRC approvals and establishing factory.
- Advised and negotiated Hotel Management Agreement (HMA) and related documents on behalf of a client for its owned hotel in Chittagong, Bangladesh with Hyatt Regency.
- Represented a design and construction firm with its bid to enter into a consortium agreement with multiple construction and architecture firm to negotiate an agreement with an international hotel for landscaping of its hotel operating in Bangladesh.
- Represented client in negotiating HMA with Marriot International for Operations and Management of a hotel in Bangladesh.
- Drafting, negotiating and representing a client in appointment of a Design, Documentation and Project Management Team for construction of a 30 (thirty) storied multi-purpose building in Chittagong, Bangladesh.
- Advising and negotiating the appointment of a Spanish Architect (design) and project management team by a locally renowned and established Real Estate Developer.
- Advising a local real estate company in appointing a design team from England for architectural design for a proposed commercial building in Dhaka.
- Representing and advising a local conglomerate in appointing a building contractor to undertake construction work of a 14 storied commercial building in Tejgaon, Dhaka.
- Advised and represented client in negotiating an agreement between a telecom operator in appointing its Distributor in Bangladesh.
- Prepared documentation for appointment of a local agent by an international generator supplier.
- Represented a client before the Joint District court in effectively stopping L/C payment of US$ 2.3 million for supply of raw materials.
- Represented a local leading garments manufacturer in protecting his interest through intervention by the Hon’ble High Court Division regarding a matter concerning LC.
- Representing a multinational manufacturing company in negotiation, structuring and retrenchment of 2600 of its workers under Bangladesh Labour Act 2006.
- Advising individuals on employment arrangements, minimum wages, health and safety, unfair dismissal and anti-discrimination at the workplace.
- Advising a 100% foreign investment manufacturing company on structuring and establishing a Workers’ Profit Participating Fund under the Bangladesh Labour Act, 2006.
- Representing a multinational manufacturing company with regards to labour control and employment termination.
- Advising and assisting a joint venture resort company in preparing the employment contract templates and Human Resource Policies / Handbook.
- Advising multiple local and foreign investors on local laws pertaining to trade unions, strikes, co-determination and industrial democracy.
- Representing a leading garments-manufacturing company regarding worker unrest, wages’ structuring and employment concerns.
- Assisting a leading conglomerate on restructuring and reorganizing its complete employment structure, provident fund and HR policy.
- Defending local and foreign owned companies against claims by employees in Labour Court and Labour Appellate Tribunal.
- Advising a local group of companies structuring a cross-company Provident Fund policy.
- Represented Httpool, Facebook’s international agent on VAT matters.
- Represented Amari Dhaka, a five star hotel chain, on the VAT claims and interest by the VAT Intelligence Unit.
- Representing Bengal Meat, the largest meat processing company in Bangladesh for multiple VAT Case in the High Court.
- Representing International Recreation Club Ltd on their VAT matters.
- Successfully representing a major cables manufacturing company in its suit before Hon’ble High Court Division of Supreme Court of Bangladesh pertaining valuation of imported raw materials, judgment of which was published in multiple law reports.
- Successfully representing a leading telecom operator in its suit against National Board of Revenue before the Hon’ble High Court Division of Supreme Court of Bangladesh pertaining to imposition of higher import duty on BTS Towers.
- Representing in a class action litigation regarding VAT deducted at source on behalf of number of ‘Rental Car Service’ providers against Biman Bangladesh Airlines.
- Advising and assisting an international manufacturing company in winding up their business, by way of voluntary liquidation.
- Advising a leading multinational company on enforcement of remedial rights and restructuring of investments during time of insolvency.
- Representing a leading non-banking financial institution in its debt recovery proceedings under the Artha Rin Adalat Ain, 2003 (Money Loan Court Act, 2003).
- Representing directors of a local company in their proceedings before the High Court Division of the Supreme Court of Bangladesh with regards to their CIB records.
- Advised and Executed CRI Trust, one of the largest social welfare organisation in Bangladesh
- Advising a prominent social figure on preparing his will.
- Assisting the successors of author a trust in administering and settling the deceased’s estates.
- Advising and representing a leading group of companies in establishing a foundation for social welfare and charity work.
- Advised and assisted the largest information dissemination firm of Bangladesh in creating a trust for its operations.
- Advising a leading philanthropist of Bangladesh in establishing a trust for youth welfare and social development.
- Representing a dry-dock paints supplier company in its action in rem amounting to approximately US$ 600,000 against a vessel carrying Bangladesh flag and have the vessel arrested at the Chittagong seaport, Bangladesh.
- Advised and assisted a contracted buyer in arresting a Brazilian vessel scheduled for dismantling in Bangladesh for breach of contract.
- Representing a Japanese bank in establishing its maritime lien against a Greek vessel arrested at the Chittagong port through enforcing arbitration clause contained in the Sale Agreement in the High Court Division of Supreme Court of Bangladesh.
- Representing a local importer in its claim for cargo damages of approximately US$ 150,000 through an action in rem under the Admiralty Act, 2000 through enforcing its rights arising under the charter-party agreement.
- Defending a desponent owner of a Bangladeshi vessel against the claim of the owners in the Admiralty Court of the High Court Division.
- Advising and assisting a leading global Protection & Indemnity (P&I) club and its members on various admiralty and maritime claims.
- Representing the shareholders of the leading jute mill company of Bangladesh in its writ proceedings against the Ministry of Textiles and Jute in relation to refusal of the Ministry to transfer its 49% stakeholdings to existing shareholders.
- Representing a leading cable manufacturing company in its writ proceedings against Government of Bangladesh relating to Valuation Rules, 2000 and the Customs Act, 1969, judgment of which have been reported in a number of leading law journals of the country.
- Representing a global airlines operator in its writ proceedings arising out of refusal of the Board of Investment, Bangladesh to allow to issue work permits to its foreign employees.
- Represented a leading real estate company of Bangladesh in its appeal pending before the Appellate Division of the Supreme Court of Bangladesh with regards to ejection of tenant from premises owned by it.
- Representing a leading entrepreneur of the country in his claim against the Government of Bangladesh arising from illegal acquisition of land.
Practice Areas
- Corporate
- Fintech Startup
- Regulatory affairs & Policy, Alternative & Offshore Investment Funds
- Trade & Export
Community Engagements
- Charter President, Rotary Club of Dhaka One
- Deputy Governor, Rotary International District 3281
- Founder Director, Gulshan North Club Ltd
- Director, India-Bangladesh Friendship Club
- Managing Committee Member, Bashundhara Eye Hospital