Our London office (Holborn Gate, 330 High Holborn, London, WC1V 7QH) prepares this high‑level briefing for trustees, settlors and advisers contemplating trusts governed by Bangladeshi law or holding assets in Bangladesh. The note compares practical issues you should expect in Bangladesh with familiar England & Wales practice and highlights the areas where local advice is essential.

Overview of trust law and when registration matters

Trusts in Bangladesh are generally governed by the Trusts Act, 1882. The Act sets out the elements of a trust, the duties of trustees and the rights of beneficiaries. In common with many jurisdictions, whether a trust must be registered in Bangladesh depends on the type of trust, the nature of the assets and the administrative regime that applies to particular asset types (for example, immovable property, charitable purposes or corporate interests).

Registration and formalities — what to expect

Formal creation normally requires a clear trust instrument (deed) executed in accordance with local formalities. Key practical points to consider:

• Execution: Signatures and attestation requirements may include witnesses and, for some documents, notarisation or attestation by local officials.
• Stamp duty and registration: Conveyances of immovable property held on trust usually attract stamp duty and must be registered under Bangladesh land registration rules. Failure to comply can affect enforceability against third parties.
• Charitable or public trusts: Additional registration or approval may be needed where trusts carry out public or charitable functions; those regimes are distinct from private trust practice.
• Corporate and financial assets: Shares or company holdings that sit in trust may require filings with corporate registries or shareholder registers and compliance with any foreign investment controls.

Practical considerations for international settlors and trustees

Cross‑border factors that commonly arise:

• Choice of law and governing jurisdiction: Ensure the trust deed clearly sets governing law and dispute resolution mechanisms, and consider parallel recognition issues in England & Wales and Bangladesh.
• Tax and reporting: Tax consequences in Bangladesh and in the settlor’s residence (often the UK) must be considered. Trustees should be aware of AML/KYC requirements and any trustee reporting obligations under Bangladeshi regulation.
• Asset transfer mechanics: Moving assets into a trust (particularly immovable property) typically requires local title transfer, appropriate stamping and registration steps.
• Local capacity: Trustees who are not resident in Bangladesh may need local agents or professional trustees to handle administrative and court matters.

Checklist: setting up and registering a trust in Bangladesh

1. Confirm the applicable law and intended situs of trust assets.
2. Draft a comprehensive trust instrument addressing powers, duties, beneficiaries and dispute resolution.
3. Identify asset‑specific requirements (land registration, corporate filings, charitable approvals).
4. Arrange proper execution, stamping and any required notarisation or attestation.
5. Complete any registration or filings with the relevant Bangladeshi authority; where in doubt, obtain local counsel opinion.
6. Put in place AML/KYC and tax reporting processes for trustees and beneficiaries.

Jurisdiction and sources

Primary sources and official authorities to consult include:

• The Trusts Act, 1882 (as applied in Bangladesh)
• Ministry of Law, Justice and Parliamentary Affairs (Government of Bangladesh)
• Bangladesh Government Gazette / Bangladesh Code
• Registries and authorities relevant to the asset type (land registration authorities; relevant corporate registry)
• For comparative UK practice: HM Revenue & Customs and GOV.UK guidance on the Trust Registration Service

Before taking any step in relation to trust formation, registration or administration in Bangladesh, retain recognised local counsel to confirm current procedural, tax and regulatory requirements.

General information only; not legal advice and not a substitute for advice on a particular matter.