Real Estate Finance law firm in Bangladesh

Our London team (Holborn Gate, 330 High Holborn, London, WC1V 7QH, England) advises international lenders, sponsors and investors on the legal and commercial issues that arise when financing commercial and residential real estate with exposure to Bangladesh. The note below sets out high‑level considerations for cross‑border structures, documentation and enforcement pathways, prepared for an international audience and not as jurisdictional advice.

Cross‑border structuring and choice of law

Transactions involving assets or borrowers in Bangladesh commonly combine local law elements (to create and perfect local security, satisfy local registration and licensing) with English law provisions for core finance documents and intercreditor arrangements. English law is often chosen for facility agreements and enforcement mechanisms where parties want predictability and neutrality. Consideration should also be given to: currency convertibility and exchange controls; mechanisms for repatriation of proceeds; and whether arbitration or English courts will govern dispute resolution.

Security, perfection and enforcement

A layered approach to security is typical: onshore security to enable enforcement in respect of Bangladesh assets and, where possible, English law security over contractual rights and shares. Practical issues include the form and registration of security, chain of title to real estate, priority against other creditors, and the enforceability of foreign judgments and arbitral awards. Lenders should plan for both pre‑enforcement remedies and post‑judgment recognition in multiple jurisdictions.

Regulatory, tax and sectoral considerations

Real estate finance transactions intersect with banking and foreign exchange regulation, AML/KYC obligations, land ownership rules and sectoral permits (urban planning, environmental approvals). Transaction parties must consider tax implications on interest, stamp duties, transfer taxes and withholding. Engagement early with local counsel and tax advisors helps surface licensing requirements and government approvals that can affect timing and enforceability.

Practical checklist

• Confirm the proposed governing law and seat for disputes (English law and arbitration are commonly used for international contracts).
• Carry out focused title and corporate due diligence on property, land use and encumbrances.
• Map registration requirements and registration timelines for local security.
• Address FX and repatriation risks, and obtain banking confirmations where necessary.
• Agree practical enforcement steps and interim remedies in both jurisdictions.
• Coordinate tax and regulatory clearance with local advisers early in the process.

Jurisdiction and sources

For jurisdictional and procedural matters consult the relevant official authorities and registries. Examples include:

• UK Government (gov.uk) — for information on English law, public registers and international dispute resolution.
• HM Land Registry — land title and registration in England and Wales.
• Government of the People’s Republic of Bangladesh — central point for Bangladeshi ministries and public bodies.
• Bangladesh Bank — central bank guidance on foreign exchange and banking regulation.
• National Board of Revenue (Bangladesh) — tax rules and requirements.

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