Expertise
Banking & Financial Services
Loan and security documentation, syndicated lending, project finance, debt recovery, and regulatory support for banks and NBFIs.
In short
Tuhin & Partners acts for lenders and borrowers in Bangladesh on loan and security documentation, syndicated and project finance, the creation and registration of charges, debt recovery through the Artha Rin Adalat, and regulatory questions arising under Bangladesh Bank supervision. The firm advises banks, non-bank financial institutions and corporate borrowers, and its work covers both putting facilities in place and enforcing them when they fail.
Key takeaways
- Banks and non-bank financial institutions in Bangladesh are supervised by the Bangladesh Bank.
- A charge created by a company must be registered at RJSC to be effective against a liquidator and other creditors — the deadline is short and missing it is difficult to cure.
- Secured lenders recover through the Artha Rin Adalat, the money loan court, under its own procedural statute.
- Tuhin & Partners drafts and negotiates facility and security documents, and represents parties in recovery proceedings.
At Tuhin & Partners, our Banking and Financial legal services are designed to help clients navigate the complexities of Bangladesh’s financial regulatory framework. We advise financial institutions, corporations, and investors on compliance, structuring, and dispute management to ensure smooth financial operations.
Our services include
- Loan, mortgage and security documentation.
- Structuring syndicated loans and project finance.
- Debt restructuring and recovery advisory.
- Regulatory compliance and licensing support for banks and NBFIs.
- Legal opinions on financial instruments and collateral.
Common questions
How is security over assets perfected in Bangladesh?
Security granted by a company is created by a written instrument and then registered as a charge at RJSC within the statutory period, and security over land is additionally registered at the relevant sub-registry. Registration is what makes the security effective against third parties, so the filing matters as much as the drafting.
What is the Artha Rin Adalat?
The Artha Rin Adalat is Bangladesh's money loan court, which hears claims by banks and financial institutions to recover loans. It operates under its own procedural statute, which is designed to be faster than ordinary civil suits and limits some of the defences and appeals available elsewhere.
Can a foreign lender take security over assets in Bangladesh?
Yes, but foreign borrowing by a Bangladeshi entity generally needs approval under the exchange control regime before the facility is drawn, and enforcement by a foreign lender raises questions of registration and remittance that are best resolved at the documentation stage rather than at default.
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