Cross-Border Philanthropy, Charitable Giving & Private Foundations in Bangladesh

by Barrister Tahmidur Rahman | Sep 20, 2026

Private Client & EmploymentGiving that works across borders8 min read

Cross-Border Philanthropy, Charitable Giving & Private Foundations in Bangladesh

We advise families, diaspora donors, foundations, companies and charities on cross-border philanthropy involving Bangladesh: choosing the right vehicle, obtaining approvals for foreign funds, governing private foundations and trusts, structuring grants, meeting tax and reporting duties, and resolving disputes over charitable assets.

Cross-Border Philanthropy, Charitable Giving & Private Foundations in Bangladesh: cross-border philanthropy with TRW & Co
Matter planPrivate Client & Employment
  1. Understand the purpose
  2. Design the structure
  3. Establish and approve
  4. Govern and review
Overview

Cross-border philanthropy and charitable giving in Bangladesh

Cross-border philanthropy connects generous intentions with several legal systems at once. A family in Dhaka may want to endow a school in its home district while family members abroad contribute through charities in London or New York. A foreign foundation may fund health or education programmes delivered by Bangladeshi partners. A company may channel its social commitments through a trust. Each route raises questions about the vehicle, approvals for foreign money, tax treatment, governance and accountability. Our private client team helps donors and institutions design arrangements that deliver the intended purpose and remain compliant for the long term.

Bangladesh offers several vehicles for charitable activity. A trust can be created under the Trusts Act 1882 for private purposes, while public charitable trusts and endowments have their own legal background, including the Charitable Endowments Act 1890. Muslim families often use waqf, which is supervised by the Waqf Administrator under the Waqfs Ordinance 1962. Societies can be registered under the Societies Registration Act 1860, and not-for-profit companies can be formed under the Companies Act 1994 with a licence under that Act. Each vehicle differs in control, permanence, reporting and flexibility. For cross-border philanthropy, foreign donors' views also matter.

Where foreign money is involved, regulation becomes central. Organisations in Bangladesh that receive foreign donations for voluntary activities generally need registration with the NGO Affairs Bureau and approval of projects before funds are received and spent, under the foreign donations regulatory framework. Banks will also ask questions about the source and purpose of incoming funds under anti-money laundering rules. For cross-border philanthropy, that means the timetable for grants must allow for approvals, and grant agreements must reflect the conditions the Bureau and banks impose. Missing these steps can freeze funds and damage relationships with donors and partner communities.

Giving in the other direction, from Bangladesh to causes abroad, is constrained by foreign exchange rules. Outward remittances by residents are permitted only under specified heads or with Bangladesh Bank approval, so a resident donor cannot simply transfer funds to an overseas charity. Non-resident Bangladeshis with assets abroad face different rules, and foreign tax relief on their gifts depends on the law of the country where they pay tax. We help families plan cross-border philanthropy within these limits, coordinating with tax and legal advisers in the UK, US, UAE, Singapore and other places where family members live.

Good governance turns a gift into a lasting institution. Founders often want to retain influence while giving the foundation enough independence to survive changes in the family and to satisfy regulators, banks and donors. We draft trust deeds, waqf deeds, articles and governance policies covering trustee appointment and removal, conflicts of interest, investment, grant-making, record keeping and succession. Where disputes arise between trustees, family members or institutions over charitable assets, our dispute resolution practice acts in negotiation, mediation and court proceedings, including applications concerning trusts and endowments. Lasting cross-border philanthropy depends on governance as much as funding.

01 · What we handle

Core workstreams

  • Vehicle selection and formation
  • Foreign donation approvals
  • Diaspora and international giving
  • Foundation governance and policies
02 · How it runs

Four clear stages

  1. 01Understand the purpose
  2. 02Design the structure
  3. 03Establish and approve
  4. 04Govern and review
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

How we support philanthropic clients

Workstream 01Private Client & Employment

Vehicle selection and formation

  • Understand the purpose
  • Design the structure
  • Establish and approve
  • Govern and review
Workstream 02Private Client & Employment

Foreign donation approvals

  • Understand the purpose
  • Design the structure
  • Establish and approve
  • Govern and review
Workstream 03Private Client & Employment

Diaspora and international giving

  • Understand the purpose
  • Design the structure
  • Establish and approve
  • Govern and review
Workstream 04Private Client & Employment

Foundation governance and policies

  • Understand the purpose
  • Design the structure
  • Establish and approve
  • Govern and review
Workstream 05Private Client & Employment

Grant making and due diligence

  • Understand the purpose
  • Design the structure
  • Establish and approve
  • Govern and review
Workstream 06Private Client & Employment

Disputes over charitable assets

  • Understand the purpose
  • Design the structure
  • Establish and approve
  • Govern and review
01

Vehicle selection and formation

We compare trusts, waqf, societies, not-for-profit companies and foreign charities for the client's purpose, considering control, permanence, tax position, regulatory burden and reputation. We then draft the founding documents, obtain registrations and licences, open bank accounts and set up the initial governance framework, so that the vehicle can start receiving and spending funds lawfully and without unnecessary delay. For cross-border philanthropy, we also consider how foreign donors will view it.

02

Foreign donation approvals

We advise Bangladeshi organisations and their foreign funders on registration with the NGO Affairs Bureau, project approvals, fund release, reporting and audit requirements under the foreign donations framework. We review grant agreements against those conditions, help prepare submissions and respond to queries, and advise on what can lawfully happen while approval is pending, which is often the most sensitive period in any programme. Approval planning is central to cross-border philanthropy.

03

Diaspora and international giving

We help non-resident Bangladeshis and families with members abroad structure cross-border philanthropy that works in each relevant country. This includes coordinating with foreign advisers on donor tax relief, using intermediary charities or donor-advised arrangements abroad, and ensuring the Bangladeshi recipient can lawfully accept the funds. We also advise on how remittances are documented so that banks in both countries can process them smoothly and without repeated queries.

04

Foundation governance and policies

We draft and review trust deeds, constitutions, board charters, conflict of interest, investment, grant-making, safeguarding and anti-corruption policies. We advise trustees and directors on their duties, help founders balance continuing involvement with proper independence, and plan succession for trustee boards. Clear governance reduces the risk of family disputes, regulatory criticism and loss of confidence among donors and partner organisations. These policies support cross-border philanthropy with several funders.

05

Grant making and due diligence

We prepare grant agreements, memoranda of understanding and partner contracts that set out purpose, budgets, reporting, audit rights, intellectual property, data protection, safeguarding and termination. We help foundations carry out legal due diligence on Bangladeshi partners, including registration status, approvals, governance and sanctions screening, so that funds reach legitimate programmes and the grant record withstands later scrutiny from regulators, auditors and the foundation's own board.

06

Disputes over charitable assets

Charitable property can become contested when founders die, family members disagree, trustees act improperly or institutions drift from their purpose. We act for trustees, beneficiaries, founders' families and institutions in disputes over waqf, trusts and endowments, including claims of breach of trust, removal of trustees, accounting, recovery of property and applications to the court for directions or variation of purposes. Cross-border philanthropy disputes may also need foreign coordination.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Private Client & Employment matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

Meet the firm →
01

What is the best vehicle for a family foundation in Bangladesh?

There is no single best vehicle. A trust offers flexibility and privacy, a waqf offers permanence and religious significance for Muslim families, a society suits membership-based organisations, and a not-for-profit company provides a familiar corporate structure that banks and foreign donors understand. The choice depends on purpose, how much control the founders want, whether foreign funds will be received, tax considerations and the expected lifespan of the institution. For cross-border philanthropy, the recipient vehicle must also be one that foreign donors and their advisers can assess and trust. We compare options against those priorities before drafting anything.

02

Can a Bangladeshi charity receive money from a foreign foundation?

Yes, but organisations receiving foreign donations for voluntary activities generally need registration with the NGO Affairs Bureau and approval for each project or programme before the funds can be received and used. The approval sets conditions on budget, activities and reporting, and banks will check compliance before releasing funds. Receiving money without the necessary approval can lead to frozen accounts, penalties and cancellation of registration. Foreign funders should build approval time into grant schedules and ensure grant agreements match the approved project. We advise both sides on structuring and timing to avoid these problems.

03

Can I donate from Bangladesh to a charity abroad?

Residents of Bangladesh face foreign exchange restrictions on outward remittances. Donations to foreign charities are not a general permitted category, so a resident individual or company usually needs a specific permission or must use funds that are lawfully held abroad. Non-resident Bangladeshis using foreign income are generally outside these restrictions, though the tax rules of their country of residence will apply. For cross-border philanthropy flowing outwards, we review the donor's residence status, the source of funds and current Bangladesh Bank rules before any transfer is arranged, and advise on lawful alternatives where a direct transfer is not permitted.

04

How do diaspora donors in the UK or US get tax relief when giving to Bangladesh?

Tax relief depends on the law of the donor's country, not Bangladesh. In many countries, relief is available only for gifts to locally recognised charities, so diaspora donors often give through a charity registered in their own country, which then makes grants to Bangladeshi partners under its own due diligence and control procedures. Some foundations can make grants directly to foreign organisations if they follow specific rules. We work with advisers in the UK, US and elsewhere to structure these arrangements, while ensuring the Bangladeshi recipient has the approvals needed to accept the funds lawfully.

05

Can a waqf be created for a school or hospital, and can it be changed later?

A waqf can be created for religious, pious or charitable purposes recognised by Muslim law, including education and health, and it is generally permanent. Registration with the Waqf Administrator is required, and the mutawalli who manages the property is subject to supervision. Changing purposes or selling waqf property is restricted and usually requires permission. Because of this permanence, the waqf deed should be drafted carefully, with clear purposes and succession of mutawallis. Where cross-border philanthropy combines a waqf with funds from family members abroad, the funding route and governance must be planned together from the outset.

06

What due diligence should a foreign foundation carry out on a Bangladeshi partner?

At a minimum, confirm the partner's legal status, NGO Affairs Bureau registration and project approvals, governing documents, board composition, audited accounts, bank arrangements and any history of regulatory action. Screen the organisation and its key people against sanctions and adverse media. Review safeguarding, anti-corruption and data protection policies, and check whether proposed activities need other licences. The grant agreement should then reflect findings through conditions, reporting and audit rights. We conduct this legal due diligence and can provide a concise report that the foundation's board and auditors can rely on. This is a core cross-border philanthropy safeguard.

07

Are donations to charities tax deductible in Bangladesh?

Bangladesh income tax law provides relief for certain donations, usually to specified or government-approved institutions and funds, and the conditions and limits are set out in the Income Tax Act 2023 and related schedules and notifications, which change through annual Finance Acts. Charitable organisations may also obtain exemptions on their own income if they meet the statutory conditions. Not every registered charity qualifies. For cross-border philanthropy involving Bangladeshi donors, we confirm the current position with tax advisers for the specific donation and recipient before the donor relies on any deduction.

08

What happens if trustees of a family foundation disagree or misuse funds?

Trustees owe duties to act in good faith, follow the trust purposes, avoid conflicts of interest and keep proper accounts. Where they disagree, the deed may provide a mechanism for decisions or removal. Where funds are misused, beneficiaries, co-trustees or other interested persons may seek accounts, removal of trustees, recovery of property or directions from the court, and in some cases criminal complaints may follow. Early legal advice and mediation can often preserve the institution and family relationships. We act in these disputes and help redesign governance to prevent repetition. Cross-border philanthropy structures need clear dispute mechanisms.

How a matter runs

From first call to resolution.

  1. 01

    Understand the purpose

    We learn the donor's goals, family position, assets and the countries involved, then identify the legal, tax and regulatory constraints that will shape the structure of the giving programme from the outset. Cross-border philanthropy needs this map early, before commitments are announced.

  2. 02

    Design the structure

    We recommend vehicles, funding routes and governance, coordinating with foreign advisers where donors or recipients sit abroad, and set out the approvals and timing each option requires in writing. Every cross-border philanthropy plan differs, so options are tested against the donor's priorities.

  3. 03

    Establish and approve

    We draft founding documents, register the vehicle, obtain NGO Affairs Bureau or other approvals, open accounts and prepare grant templates and policies so the programme can begin lawfully. Timelines are shared with donors and partners.

  4. 04

    Govern and review

    We support trustees and boards with ongoing compliance, reporting, governance reviews, succession planning and any disputes, and update arrangements when laws, family circumstances or programme goals change. Periodic reviews keep the structure fit for purpose and credible with funders.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

How long does NGO Affairs Bureau registration take?
Timing varies with the completeness of the application, verification by other government agencies and the Bureau's workload. Registration is often a matter of months rather than weeks, and project approvals follow separately. Applicants should prepare governing documents, board information, bank details and project plans carefully before filing. We give a realistic estimate after reviewing the file and keep track of the application, so donors can plan grant timing and avoid commitments that cannot yet lawfully be met. Delays are a common cross-border philanthropy problem, so early preparation pays off.
Can a company use its CSR budget for cross-border philanthropy?
A Bangladeshi company can support charitable activity in Bangladesh through its own programmes, grants to approved organisations or a corporate foundation, subject to its articles, board approval and tax rules. Funding causes abroad from Bangladesh raises foreign exchange restrictions. Foreign parent companies can fund Bangladeshi programmes, but recipients will need approvals for foreign donations. We help companies structure CSR spending so it is lawful, properly documented and consistent with group policies on anti-corruption and reputation.
Is zakat treated differently from other charitable giving?
Zakat is a religious obligation, and many Bangladeshi families distribute it directly or through institutions. There is a government Zakat Fund, and certain contributions may attract tax relief under conditions set by law. Private zakat distribution is generally not regulated in the same way as foreign-funded charity, but organisations collecting zakat from the public or from abroad should consider governance, transparency and any approvals required for foreign contributions. Zakat raised abroad is a form of cross-border philanthropy and should be planned accordingly, with clear records of how funds are applied.
Can a foreign foundation open an office in Bangladesh?
Yes, foreign NGOs and foundations can operate in Bangladesh after registration with the NGO Affairs Bureau and compliance with its requirements on country offices, project approvals, staffing and reporting. Work permits are needed for foreign staff. Some foundations prefer to fund local partners instead of operating directly. We advise on the comparative burden of each model and handle registration, approvals and ongoing compliance for those that establish a presence. Either model can support cross-border philanthropy well, and some foundations combine both over time as programmes grow.
Do private foundations need to file accounts?
It depends on the vehicle. Not-for-profit companies file returns with the Registrar and maintain audited accounts, societies report under their registration rules, organisations receiving foreign donations report to the NGO Affairs Bureau, and waqf estates are accountable to the Waqf Administrator. Tax filings may also be required. Private trusts are less regulated, but trustees must still keep proper accounts. Good record keeping protects trustees and supports credibility with donors. Records are vital for cross-border philanthropy reporting to donors in several countries, each with its own expectations.
What anti-money laundering checks apply to cross-border philanthropy?
Banks apply customer due diligence and transaction monitoring to charities and donors, and non-profit organisations are recognised internationally as a sector requiring proportionate safeguards against misuse. Expect questions about the source of funds, the purpose of transfers and the identity of beneficial owners and controllers. Well-documented governance, approvals and grant records make these checks faster. We help organisations prepare the documentation banks typically request. Delays at the bank are often resolved quickly when the right documents are ready.
Can a foundation hold land or shares in Bangladesh?
Many charitable vehicles can hold property and investments, subject to their constitutional documents, restrictions on land ownership and transfer, and rules on investment by organisations receiving foreign funds. Waqf property is especially restricted once dedicated. Donations of land or shares need proper transfer documents, registration and tax analysis. We advise on endowment structures that generate reliable income without breaching purpose or regulatory limits. Endowments are central to lasting cross-border philanthropy, so investment policies and income use should be documented clearly.
How can we start a cross-border philanthropy matter with TRW?
Send us a short description of the cause, the donors and recipients involved, the countries concerned and any existing structures. We will propose an initial consultation to map options and approvals. You can contact us through our contact page, by telephone on +880 1708 000660 or by email at info@trw.co. We coordinate with your foreign advisers where needed. Early advice usually saves time and cost later.

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