Important boundary: This is a legal-audit guide only. LegalBD does not execute remittances, value shares, approve transactions or provide financial services through a LexBangla API. A current valuation, tax position and authorised-dealer review are transaction-specific.
Verified legal architecture
| Layer | What must be checked |
|---|---|
| Company law | Authority to transfer, articles, register of members, instrument and RJSC filings. |
| FERA | The Foreign Exchange Regulation Act, 1947 regulates foreign exchange, securities and certain payments; permission and authorised-dealer rules may apply. |
| Bangladesh Bank | GFET and later circulars govern outward remittance. An authorised dealer handles applications and reports; some purposes require prior approval. |
| Tax and valuation | Current income-tax, withholding and valuation rules must be obtained from a tax professional and the relevant authority. |
Non-executing audit checklist
- Identify resident/non-resident sellers and buyers and the source of title.
- Review the articles, shareholder approvals, transfer instrument and corporate resolutions.
- Obtain an independent valuation and tax memorandum; do not use a generic rate.
- Ask the authorised dealer which documents and forms are required and whether Bangladesh Bank approval is needed.
- Maintain the sale agreement, register updates, returns, tax evidence and bank correspondence.
Frequently Asked Questions
Does a share sale automatically permit remittance?
No. Corporate completion and foreign-exchange permission/reporting are separate gates.
Can LegalBD calculate the sale value?
No. The article identifies legal checkpoints; a qualified valuer must assess value.
Who submits a prior-approval request?
Bangladesh Bank guidance commonly routes required applications through the authorised dealer, not directly from the customer.
Is FERA the only applicable law?
No. Company, tax, investment, securities and sector rules may also apply.
Can this platform move money?
No. LexBangla use is limited to library and RAG/RAGC research; no financial API or payment execution is permitted.
Which sources were checked?
FERA 1947, Bangladesh Bank GFET and the Companies Act.
Legal information only; this page is not an instruction to transfer funds.