Mr. Amir Hossain Sarker

Senior Associate & Deputy Head, Investment Department


Mr. Amir Hossain Sarker is associated with the firm from the very inception.  He has significant knowledge and filed level work experience in the area of investment, business setup, corporate, real estate and taxation transactions and related services. Mr. Sarker is a senior member of our Corporate Department and Investment Departments which are ranked under Corporate & Finance by Chambers and Partners 2023 Asia Pacific Guide.  The editorial says: “The practice is additionally recognised in areas such as business formation, M&A and employment matters, alongside energy, infrastructure and real estate matters. Advocates at the firm are knowledgeable on restructuring and insolvency procedures. Notable clients advised by the firm include the likes of Bangladesh Garment Manufacturers and Exporters Association…”

Mr. Amir Hossain Sarker has completed his LL.B,  B. Com, M. Com under the National University. He is advocate of Judge Court. Mr. Amir is registered member of Dhaka Bar Association.

Mr. Amir Hossain Sarker works in the Investment Department for nearly 8 years out of his total 15 years experience with the Chambers. Mr. Amir has vast experience of working in Registrar of Joint stock of companies and Firms and other government offices like tax, VAT etc. on registration, filing and approval of return, search matters. He deals with foreign investment and corporate return filing matters.  He is now a Deputy head of Investment Department and also a senior member of Corporate Department. He is a senior member of Foreign Investment and Business Setup team. Both the departments, where he is a senior member, are ranked under Corporate and Finance for five consecutive years.

He was in charge of District Court team for nearly 6 years and handled several litigation  in district and Magistrate Court. He was involved in many litigation e.g. Money Recovery Suits, Dishonour of Cheques, Land related disputes etc.

Mr. Sarker advises on share transfer, take over, share acquisition, annual return filing and also assist client in several corporate issues involving taxation, general meetings, share dilution etc.

The significant projects completed by Mr. Sarker:

Commercial

  • We assisted a foreign client in conducting due diligence of a local company who is a licensed armed dealer and with whom the client intends to form partnership for supply and import of arms.

Dispute Resolution

  • We have acted on behalf of our client Ralph Lauren, in obtaining permission from the High Court to conduct their Annual General Meeting (AGM). Due to unforeseen circumstances, the company was unable to convene its AGM within the statutory timeline prescribed by law. Thus as per rules a permission was required from the Hon’ble High Court Division to Conduct the AGM.

Investment 

Incorporation/Registration  

  • We assisted the foreign client in assessing the implication of a proposed shares transfer of a company registered with BIDA for development of a Rooftop Photovoltaic Project upon the license and permission considering the nature of the JV arrangement and legal requirement including compliance with BIDA, RJSC and BB requirements.
  • We have been appointed by the client to submit Form XII to RJSC and collected RJSC approval on the joining their new Director.
  • We have acted on behalf of our client to file the annual return to the RJSC.
  • We have acted on behalf of our client by conducting the RJSC Search & providing a Search Report.
  • We have acted on behalf of our client by Submitting the Preference Shares Class A to the RJSC.
  • Successfully advised and assisted our client, X-Press Feeders in the incorporation of a local company in Bangladesh and advised on issues related to the financing of ships/vessels, shareholding structuring, taxation, BIDA and FOREX-related issues on foreign loans, etc.
  • Setting up business for China Communications Construction Company Limited (CCCC).
  • Setting up TBEA CO., LTD., a company and also Branch office one of the major Chinese manufacturer of power transformers and other electrical equipment, and a developer of transmission projects
  • Formation of Data path limited, MRS BD Ltd etc.
  • Incorporated local subsidiary for US based Ralph Lauren Corp. namely, “Ralph Lauren Sourcing Ltd” in Bangladesh.
  • Setting up business for 100 % American outsourcing company based in Texas.
  • Assisted in setting up a branch office and with immigration formalities of employees for NEPC-3 for construction and engineering of bridges etc. from China.
  • Assisted in setting up liaison office for the First Engineering Bureau of Henan Water Conservancy(CHWE), China for dam and embankment construction work.
  • Setting up IT companies originally from Russia and Lithuania.
  • opened a number of companies limited by guarantee for different associations/ group of people.
  • opened a number of social business companies for local entrepreneurs.
  • Assisted in setting up IT companies originally from Russia and Lithuania.

Investment Visas & Security Clearance 

  • Assisted in setting up liaison office and with immigration formalities, i.e., E-visa recommendation, E-visa, Work Permit, Security Clearance, extension of E-visa, etc., for NEPC-1 for construction and engineering of power project from China.
  • Setting up business and with immigration formalities of employees for Shakti Pumps (India) Ltd.
  • Work permit and security clearance for several employee of Uttara Foods.

Corporate 

  • We are assisting the client in formulating Provident Fund and Gratuity Fund including drafting required deeds and rules. We will also assist the client in obtaining approval and recognition of the funds respectively from the NBR after creation of the funds.

Legal Due Diligence 

  • Successfully assisted our client, Evergreen Marine Corporation (Taiwan) Ltd. in conducting due diligence on a Bangladeshi local shipping agent company that is failing to make payment of freights and also also advised on the scope and risks of terminating the agency as per the agreement and local laws.
  • Successfully assisted a foreign client in conducting legal due diligence of a local company that is a licensed armed dealer and with whom the client intends to form a partnership for the supply and import of arms.
  • Successfully acted on behalf of our client, Fakir Fashion, by conducting the RJSC Search & providing a Search Report
  • Successfully advised and assisted our Client, SAPL Industries Private Limited in conducting due diligence for its members’ voluntary winding-up proceeding in Bangladesh.
  • Successfully conducted due diligence for our client, ABGT Bangladesh Representative Office on corporate financing, funding and other statutory compliance-related issues.
  • Conducted Due Diligence involving M&A of SDS International Limited.
  • Legal Due Diligence for several other companies.

M&A(Share Acquisition) 

  • Successfully acted and advised Maruha Nichiro Corporation (MNC), one of the world’s largest companies in fisheries with share transfer and acquisition, and various compliance-related matters.
  • Conducted several land due diligence for a number of MNCs most recently Gildan.
  • Advised Saturn textiles, conducted Due diligence, negotiated and prepared all transaction documents for 100% Share acquisition and Takeover of Rancon Sweaters Ltd, owned by Danish shareholders involving contingent tax liabilities.
  • Advised Saturn textiles, negotiated and prepared all transaction documents for 100% Share sale and Takeover of Rancon Sweaters Ltd, by an A K Khan entity and MU Union, Kong Kong
  • Advised and assisted Oriental Container Line regarding the takeover of the company by another OOCL; a Hong Kong-based company as part of a global takeover.
Increase of Shares/ Annual return 
  • Successfully assisted the foreign client in assessing the implication of a proposed shares transfer of a company registered with BIDA for the development of a Rooftop Photovoltaic Project upon the license and permission considering the nature of the JV arrangement and legal requirements including compliance with BIDA, RJSC and BB requirements.
  • Successfully assisted our client Gildan (GAB) in submitting Form XII to RJSC and collected RJSC approval for the joining of their new director.
  • Successfully assisted our client Gildan (SDS) in submitting Form XII to RJSC and collected RJSC approval for the joining of their new director.
  • Successfully acted on behalf of our client, GAB (Gildan) by Submitting the Preference Shares Class A & B to the RJSC.
  • Successfully acted on behalf of our client Ralph Lauren, in obtaining permission from the Hon’ble High Court to conduct their Annual General Meeting (AGM), on account of the lapse of the statutory period for conducting its AGM due to unavoidable circumstances and also file their annual returns.
  • Successfully assisted and advised our Client, G.A.B. Limited on the issuance of preference shares and related issues on redemption provisions, applicable interest rates, etc.
  • Annual Return filing and other formalities, holding General Meeting and assisting in other corporate affairs etc for Saturn Textiles for several years
  • Several Return filing at RJSC for Saturn Textiles and share transfer approvals of many other companies.
  • Tax filing and assessment support for corporate and individuals clients.

M&A(Land Acquisition) 

  • Successfully advised and assisted our client, Armada Spinning Mills Limited, on financing and land-related legal due diligence reports.
  • Conducted several Legal Due Diligence involving land for a number of MNCs most recently Gildan Activewear Bangladesh.

As a member of Foreign Investment and Business setup team, he assists client on income tax return filing mostly for expat and non-resident Bangladeshi.

Organizational plan

The Deputy Head of a department is next to the Divisional Head and the Head of Chambers. In a large department there may be more than one deputy head.  Deputy head is a person who has proven track record of working in the respective field and/or has specialized knowledge or exposure in that particular field of law, which make him/her eligible for taking a leading position. 

Employment History

  • 2012- Senior Associate, Legal Services Team, Rahman’s Chambers
  • 2006-2011- Associate, District & Magistrate Court Team, Rahman’s Chambers

Education

  • 2000 – LL.B from National University.
  • 2000- M. Com from National University
  • 1997-B. Com from National University.

Recognition & Award

  • 2016- Best Individual Performer of the Year Award

Legal Qualification

  • 2006 – Enrolled in the District Court & Tribunals.
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