ZAFAR & ASSOCIATES - LLP | Dr Ilyas Zafar - Senior Partner

Dr Ilyas Zafar is the Founder of ZAFAR & ASSOCIATES - LLP, Founder Member of Prae Legal, Senior Economist & Political Analyst, Senior Lawyer & Partner, International Tax Laws Expert, Expert Witness and Senior Advocate Supreme Court of Pakistan. Law Practice Experience encompasses the period 1975 to date. Extensive experience in Constitutional Law, Corporate Governance, Tax Laws, Family & Inheritance Law and other Civil & Criminal Matters before the Districts Courts, Tribunals, High Courts and Supreme Court of Pakistan. A long list of reported judgments of the represented cases is in his credit.

Member Lahore High Court Bar, Lahore Tax Bar and Supreme Court Bar Association of Pakistan, American Bar Association, New York, American Society of International Law, World Jurist Association, Washington, World Association of Lawyers, International Bar Association, London, International Law Association, International Tax Planning Association, Rotterdam, International Association of Constitutional Law, Associate Member of the Chartered Institute of Arbitrators, London and International Fiscal Association. Member Executive Committees of Tax Bar and High Court Bar Associations. Member of American Bar Association (ABA) Committees for Alternate Dispute Resolution (ADR), Advocacy in Litigation Practice, Tax Matters, Arbitration and Intellectual Property. Awarded Certificate of “Leader in Pursuit of Professional Excellence and the Effective Delivery of Justice” by American Bar Association.

Specialties: Founder of ZAFAR & ASSOCIATES - LLP, Founder Member of Prae Legal, Senior Economist & Political Analyst, Senior Lawyer & Partner, International Tax Laws Expert, Expert Witness and Advocate Supreme Court of Pakistan.

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Law Practice & Core Competencies

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ZAFAR & ASSOCIATES - LLP | Founder & Senior Partner

1975 – Present (More than 45 years) | Lahore, Pakistan

Having more than 45 years of experience successfully practicing administrative, corporate, commercial and tax, representing Pakistan and international businesses in a wide range of matters, such as:

• Steering the overall litigation and opinion work alongside the administrative affairs of the law firm;

• Legal Advisor / Consultant for various Government, Semi-Government Departments;

• Advisor to Corporate Bodies including International Finance Corporation, John Hopkins University, London Metropolitan University, Cambridge University, Jhpiego and ACCA;

• Heading the Research and Publication Wing;

• In-charge of professional training programmes, workshops and seminars;

• Chief Monitor of Foreign Projects and Assignments;

• Negotiating with potential clients and finalising the agreement on behalf of the law firm;

• Arbitrator in various arbitration references and proceedings;

• Team Leader in the project “Doing Business, Investment Climate in Pakistan” undertaken by the experts / attorneys of the law firm in the areas including:

  1. Starting a Business

  2. Corporate Governance

  3. Hiring & Firing of Workers

  4. Construction Licensing

  5. Insolvency Case Study

  6. Debt Recovery Procedure

  7. Contract Enforcement

  8. Insurance, Taxation Laws and Regulatory Regime

• In-charge banking affairs and litigation SME Bank Limited (retainer-ship services) and SMEDA (Consultant);

• Overseeing the legal affairs of Multinational Companies (a detailed list can had from law firm website);

• Alternate Dispute Resolution Committee, proactive role as member (American Bar Association);

• Country Manager – Total Point of Contact (an organisation dealing in Work Permit and related affairs); and

• Human Rights, Fundamental Rights under Constitution of Islamic Republic of Pakistan, 1973.

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Prae Legal | Founder Member

August 2013 – Present (3 years 2 months) | Cologne Area, Germany

Founder member of world's top score alliance of independent law firms.

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Volunteer Experience & Causes

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Welfare Organisation for Women | Chief Patron

1999 | Human Rights

Acted as Chief Patron & Supporter of the Welfare Organisation for Women.

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Professional Memberships

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• Member Supreme Court Bar Association of Pakistan

• Member High Court Bar Association, Lahore

• Member All Pakistan Tax Bar Association

• Member Tax Bar Association, Lahore

• Member Tax Bar Association, Sialkot

• Member International Bar Association, London

• Member American Bar Association, New York

• Member International Law Association

• Member International Tax Planning Association, Rotterdam

• Member International Association of Constitutional Law

• Member International Fiscal Association

• Member American Society of International Law

• Member World Jurist Association, Washington

• Member World Association of Lawyers

• Member of the Chartered Institute of Arbitrators, London

• Member Executive Committees of Tax Bars and High Court Bar Associations

• Member of American Bar Association (ABA) Committees for Alternate Dispute Resolution (ADR), Advocacy in Litigation Practice, Tax Matters, Arbitration and Intellectual Property

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Educational Qualifications

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P.D.B.A. - Business Administration (Taxation) | International University

1985 | Kansas City, Missouri, USA

Awarded degree of Post Doctorate in Business Administration (Taxation) by writing thesis "Taxation as a Factor in Economic Development".

LL.B. - Legal Studies | University Law College - University of the Punjab

1977 | Lahore, Pakistan

D.A.L. - Arbitration Law | Pakistan Council of Legal Education & Research

1977 | Karachi, Pakistan

D.B.A. - Business Administration | The School of Accountancy

1974 | Regent House, 2 West Regent Street, Glasgow C2, UK

Ph.D. - Development Economics | Sussex College of Technology

1973 | Highfiled, Dane Hill, Haywards Heath, Sussex, RH177EX, England

Awarded the distinction of Doctor of Philosophy in Development Economics by writing thesis "State Enterprise in Developing Economy".

M.A. (Eco.) - Masters in Economics | University of the Punjab

1969 | Lahore, Pakistan

D.I.L.L. - Industrial & Labour Laws | Pakistan Institute of Legal Affairs

1967 | Karachi, Pakistan

B.Com. - Commerce & Accountancy | University of Karachi

1966 | Karachi, Pakistan

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Summary of Achievements

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Doing Business Projects - Obstacles to Growth | The Regional Studies

2005 - 2015 | Administrator

Monitored the Team in the specific areas assigned by the Investment & Climate Department (World Bank Group). Supervised the concerned Consultant Attorney in the completion of survey regarding the procedures and legal formalities involved in starting a business, company formation, transactions with banking and other financial institutions, commercial registry and land registration systems. The input rendered as Team Leader has been acknowledged and the results formulated have been made part of the Annual Report of World Bank regarding Investment Climate in the Region.

Doing Business Projects - Investment Climate | The Regional Studies

2005 - 2018 | Supervisor

Monitored the Team in the specific areas assigned by the Investment & Climate Department (World Bank Group). Scrutinised the work of Civil Law and Corporate Consultants who conducted surveys in the realm of Contract Enforcement with particular reference to the procedures and laws applicable in four major cities. The Survey Report has since been approved and has been translated in the Annual Report of the World Bank. Summary of the Report can also be browsed at the Website of the Bank.

Doing Business Projects - Corporate Governance | The Regional Studies

2005 - 2020 | Team Leader

Overseeing the work of expert Attorney/Consultant and finalization of Survey Report. An extensive study was conducted in the light of Survey Proforma as to the laws and procedures involved in the existing structure of Corporate Governance in Pakistan with special emphasis as for foreign investors and the fabric of regulatory regime in said four major cities of Pakistan. Scanned the voluminous law and reports on relevant issues including administrative, financial and litigation affairs in business and commercial ventures. Critical analysis was made in other related concerns like obtaining of various licenses, liaising with government agencies and departments and hiring and firing of workers.

Doing Business Projects - Property Rights & Bankruptcy | The Regional Studies

2005 - 2019 | Team Manager

Supervised the work of Attorneys and Consultants and after necessary vetting and improvements, the Survey Reports were prepared. In depth analysis of the laws and procedures in the domain of property rights and bankruptcy was made. Various case studies were conducted and the results thereof were incorporated in the Survey Report. An elaborate study of various modalities and options with specific emphasis on debtor, secured creditors and the issues arising in the event of insolvencies / bankruptcies were diagnosed and remedial courses of actions were dilated upon. The evolution of judicial system of Pakistan was thrashed in the given perspective.

Outsourcing of Legal Functions | Islamabad & Peshawar

2004 - 2005 | Chief Consultant

Supervising and conducting the legal affairs as to various banking transactions. Was appointed as the Chief Consultant to oversee the work of the Bank, provided in-house Lawyers for various branches of the bank and monitored their work on case to case basis. Assisted the Bank in the security of their transactions and supervised the scrutiny of record of various securities and collaterals. Drafting of Deeds and Agreements in various Banking transactions so as to protect and safeguard the rights of the creditors vis a vis the debtors.

Alternate Dispute Resolution Mechanisms | Lahore, Islamabad & Karachi

2004 - 2016 | Arbitrator & Mediator

Rendered consultancy services to various clients/ departments for the resolution of disputes through various alternate remedies. Has long standing experience in ADR and has accreditation and membership of various Organisations, has worked on many assignments for the resolution of disputes through alternative mechanisms. Has worked as an Arbitrator in many references and his contributions has been recognised by various local and international bodies.

SMEDA Network of Legal Services | Lahore

2004 - 2005 | Consultant & Legal Counsel

Rendering advice to various entrepreneurs in their issues concerning loan, financing, bankruptcy & insolvency etc. Imparted consultancy services with regard to formulation of projects in various categories. Being the largest Law Firm in Pakistan and by the dint of his position as Senior Partner has been rendering multiple services under the umbrella of SMEDA. Zafar & Associates LLP has as many as Fourteen Branch Offices in Major Cities of Pakistan with cent percent coverage of the entire country and the law firm is extensively providing expert services to various indigenous industries.

Legal Consultancy Services to All Pakistan Contractors Association (APCA)

1995 - 2005 | Chief Legal Advisor & Consultant

APCA is the representative body of major construction companies and services have been rendered to the contractors/Directors of the management in their legal-cum-business issues. In the capacity of Chief Legal Advisor has been rendering services in the diversified issues of contractors. In the various meetings and workshops of APCA, rendered positive assistance in various contentious issues. Has been performing lead role in the litigation and disputes of the contractors before various courts and Tribunals and their further settlement through arbitration and other alternative modes.

Welfare Organization for Women (WOW)

1998 - 2005 | Patron-in-Chief

Evaluating, Monitoring and Projecting the Welfare Projects of the Organization. WOW is a voluntary organization working mainly for the cause of women and children and there are various projects functional with specified aims and objects. His main responsibilities have been to oversee the operational activities of the projects. Further details can be had from the website https://wow.zafcointl.com

ZAFCO - Business & Investment Facilitation Centre

2004 onwards | Senior Consultant

For the assistance of local and foreign investors, the said facilitation centre has since been established for rendering required assistance on project to project basis. Zafar & Associates LLP, the largest Law Firm of the country was incepted by him in the year 1975. Out of his practical experiences, the idea of establishing a business and investment facilitation centre was conceived and he materialized it in the year 2004. By the dint of Professional niche and with the aid and coordination of team members, ZAFCO has achieved the status of being the pioneer institution rendering multifarious services to the business community. Further details can be had at the relevant website: https://business.zafcointl.com

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Detailed Tasks Assigned

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• Review current laws including Islamic laws, regulations, and practices relating to secured transactions in Pakistan and identify major gaps;

• Consult with stakeholders in assessing the impediments in establishing an effective secured transactions regime;

• Within the overall guidance of State Bank of Pakistan (SBP), the implementing agency, organize a consensus-building workshop and develop the workshop program and agenda;

• Organize expert resource persons who will participate as needed in the stakeholder workshop and also act as resource persons at the workshop;

• Prepare a draft secured transactions reform framework with legal, economic, and institutional annotations tailored for Pakistan, experience from other countries including two developing countries that have undertaken such reforms and prepare an accessible comparison matrix, stakeholder workshops inputs; specifically review the experiences of other countries, including two developing countries, for enhancing governance in secured financing and identify lessons and harmonize the draft secured transactions reform framework with laws on social protection of debtors, including consumer protection laws as well as efforts to strengthen a market based economy.

• Within the overall guidance of SBP organize a workshop to discuss the draft secured transactions reform framework; develop the workshop program and agenda; and incorporate workshop findings in the draft secured transactions reform framework, as appropriate;

• In coordination with other experts recruited under this technical assistance (TA), assist Ministry of Finance (MOF), the executing agency, and SBP in identifying two countries for the study-visits for secured transactions legal and registration systems; assist MOF and SBP in organizing the study-visits; develop a detailed study-visit programs; and provide an outline for preparing study-visit reports;

• Organize a stakeholder workshop within the overall guidance SBP to discuss the findings of the study-visits; develop the workshop program and agenda; and act as resource persons at the workshop;

• Use the workshop findings to revise the draft secured transactions reform framework and prepare a policy, legal, regulatory, and institutional design input report;

• Within the overall guidance of SBP organize a workshop to discuss the policy, legal, regulatory, and institutional design input report; develop the workshop program and agenda; and incorporate the workshop findings, as appropriate;

• Based on the policy, legal, regulatory, and institutional design input report, develop the secured transactions legal reform framework; and integrate this with the design of the modern registration system developed by the secured transactions expert (registry) and inputs from other experts recruited under this TA;

• Identify the information dissemination needs for two awareness-building workshops on the secured transactions legal framework and the design of a modern registration system.

• Organize two awareness-building workshops on the secured transactions legal framework and design of modern registration system; develop the workshop program and agenda; act as a resource persons at the workshops.

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List of Articles Published in Law Journals

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Serial No	Article Title	Journal / Publisher
01	Workers' Welfare Fund	Under Publication
02	Amelioration of Section 177 and its significances	(2012) 106 Tax Art 1 Tax Forum Jan-Feb 12, P. 09
03	Tax Refund Report	Business Recorder Oct. 1, 1997
04	Mirza Tahir Hussain Report	Westminster Hall debates Wednesday, Oct. 25, 2006
05	Sec. 65 & 66A of Repealed Ordinance vs Sec. 122 of Income Tax Ordinance, 2001	(2005) 91 Tax Art. 46
06	Refund of Sales Tax	Business Recorder Oct. 23, 2003
07	Search & Seizure in Sales Tax	Business Recorder Dec. 22, 2003
08	Evolution of Tax Culture in Pakistan	Tax Forum March 03, P. 33 2003 PTD Jour 110 2003 PTCL Jour 87 (2003) 87 Tax Art. 96 2003 PCTLR 34 Jour
09	Foreign Currency Accounts - Now and Before	(2003) 88 Tax Art. 1
10	Service of Notice	2003 PTD Jour 99 (2003) 87 Tax Art. 69 Tax Forum Feb 2003, P. 8
11	Sec. 12(18) and Sec. 39(3) of Income Tax Ord. 1979/2001, New Facets	(2002) 86 Tax (Art.) 25 Tax Forum, Aug., 2002 P. 15 2002 PTD 345 Jour
12	Ignorance of Law	2001 PTD 279 (2001) 84 Tax Art. 64 PTCL 2001 Jour 579
13	Best Judgment Assessment	2000 PTD 351 (2000) 82 Tax Art. 63
14	Penalties: Nature & Scope	PTCL 2000 Jour 257 (2000) 82 Tax Art. 1 2000 PTD 271
15	Broadening of Tax Base	PTCL 2000 Jour 142 (2000) 81 Tax Art. 143 2000 PTD 144 Daily “DAWN” May 22, 2000
16	Taxing of Loan, Advance and Gift is Taxing	(1997) 79 Tax Art. 1 PTCL 1999 Jour 44 1999 PTD 144
17	Appeals in Fiscal Matters	PTCL 1997 Jour 83
18	Revisional Power in IT Proceedings	PTCL 1997 Jour 72
19	Retroactivity of Fiscal Laws	PTCL 1996 Jour (1996) 74 Tax Art. 65 1996 PTD 195
20	Quasi Judicial Proceedings	1996 PTCLR Jour 20 NTR 1996 Jour (1996) 73 Tax Art. 21 1996 PTD 25
21	Valuation of Immovable Property	(1996) 73 Tax Art. 1 PTCL 1996 Jour 1 1996 PTD 20
22	Writs or Remedies	PTCL 1995 Jour 281 (1995) 72 Tax Art. 43 1996 PTCLR Art. 1 1996 PTD 1
23	Right of Appeal in Income Tax Law	(1995) 71 Tax Jour Art. 17 NTR 95 Jour Art. 38 PTCL 1995 Jour 1 1995 PTD Jour 22
24	Retribution for Tax Subterfuge	(1994) 69 Tax Art. 1 1994 PTD Jour 1 PTCL 1994 Jour 1
25	Anomalous Application of Sec. 12(18) of the Income Tax Ordinance, 1979	(1993) 68 Tax Art. 91 PTCL 1993 Jour 242 1993 PTD Jour 296 Business Recorder dated July 4, 1994
26	The Web of Sec. 13 of the Income Tax Ordinance, 1979	NTR 1993 Jour Art. 35 (1993) 68 Tax Art. 1 1993 PTD Jour 138 PTCL 1993 Jour 249
27	Abuse of Discretionary Power by Tax Authorities	NTR 1993 Jour Art. 26 1993 PTD Jour 52 (1993) 67 Tax Art. 42 PTCL 1993 Jour 34 Business Recorder dated May 07, 1994
28	Tax on Presumptive Income	“The Nation” dated Jan. 17, 1993 “The Frontier Post” dated Jan. 21, 1993 “Business Recorder” dated Jan. 19, 1993 NTR 93 ED 1 PTCL 1993 Jour 1 1993 PTD Jour 21 (1993) 67 Tax Art. 31
29	Rationalize Taxation	Pakistan Times May 13, 1986
30	Evidentiary Value of Registered Documents	(1983) 48 Tax 49
31	Evidence in Income Tax Proceedings	(1983) 48 Tax 64
32	Self-Assessment Scheme in Income Tax	(1982) 45 Tax 25 Tax Observer July, 1982 P.34
33	Tax Referencer on Income Tax Issues	NTR, 1990, 1991, 1992

Table: List of Articles Published in Distinct Law Journals

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List of Reported Judgments

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Supreme Court

2013 SCMR 587 2013 PTD1023 2007 SCMR 227 (2006) 94 Tax 317 2007 95 Tax 1 (2007) 96 Tax 272

2006 PTCL 432 (1997) 76 TAX 5 1997 PLD 582 2007 PTR 1 2007 SCMR 227 2006 PTD 2498

2006 PTD 2502 (2006) 94 Tax 293 2007 PTR 3 2000 SCMR 1871 1997 PTD 1555 1997 PTCL 260

Table: List of Reported Judgments: Supreme Court

High Court

2015 PTD 2236 (2015) 112 Tax 22 (LHC) 2009 PTD 1507 2008 PTD 823 (2008) 97 Tax 95 2007 PTD 2507 2007 PTD 1161 2007 PTD 1 2006 PTCL 492 2006 PTD 774 2006 PTD 338 2006 PTD 506 2006 PTD 162 2005 PTD 2596 2005 PTD 152 (2004) 90 TAX 269 (2004) 90 TAX 81 VOL: 7/2TF63 2002 PTD 909 2001 PTD 1656 (2001) 84 TAX 367 2002 PTD 2198 2002 CLC 780 (2002) 85 TAX 467 1999 PTD 1329

VOL: 10/7 TF24 VOL: 10/2 TF44 2002 PTD 2384 2002 PTD 1201 (2001) 84 TAX 183 2001 PTD 1649 (2001) 83 TAX 47 2002 PTD 464 (1998) 78 TAX 303 1997 PTD 1138 (1995) 72 TAX 261 1995 PTD 1239 1995 PTD 262 (1993) 67 TAX 256 1992 PTD 1285 (1990) 61 TAX 71 (2007) 95 Tax 108 (1997) 76 TAX 1 1996 PTD 901 (1995) 71 TAX 265 (1995) 71 TAX 142 1993 PTD 801 (1993) 67 TAX 208 1990 PTD 691

(2012) 106 TAX 171 (2012) 106 TAX 109 (2009) 100 TAX 213 (2006) 94 TAX 19 (2006) 93 TAX 438 2005 PTD 50 2004 PTCL 532 (2002) 86 TAX 231 (2001) 83 TAX 563 2001 PTD 2141 (2001) 84 TAX 346 2001 PTD 789 (1999) 79 TAX 283 1998 PTD 2776 (1996) 74 TAX 89 1996 PTD 263 (1995) 71 TAX 102 (1993) 68 TAX 74 1993 PTD 623 (1990) 62 TAX 28 1990 PTD 24 1990 PTCL 87

Table: List of Reported Judgments: High Court

Appellate Tribunal

(2009) 100 TAX 220 2009 PTD 2046 (2006) 93 TAX 238 2006 PTD 2602 2006 PTD 2012 2004 PTC 457 89 TAX 193 86 TAX 98 81 TAX 180 2000 PTD 268 79 TAX 205 1998 PTD 3191 78 TAX 231 1997 PTD 2360 1997 PTD 203 1997 PTD 2165 1997 PTD 2141 1995 PTD 1359 71 TAX 135 71 TAX 126 71 TAX 238 71 TAX 146 1995 PTD 1228 70 TAX 71 69 TAX 212 68 TAX 155 68 TAX 30 67 TAX 1 1992 PTD 440 19991 PTD 643 1990 PTD 711 1990 PTCL 498 61 TAX 83 63 TAX 1 60 TAX 75 1989 PTD 1109 59 TAX 197 61 TAX 49 58 TAX 170 57 TAX 133 57 TAX 92 57 TAX 56 1992 PTD 155 46 TAX 10

2006 PTD 2012 2004 90 TAX 357 2004 PTD 174 2003 PTD 2434 2003 PTD 535 2000 PTD 2133 1999 PTD 1672 1998 PTD 3731 1997 PCTLR 754 1995 PTD 666 1995 PTD 482 1995 PTD 774 1995 PTD 523 1995 PTD 1 1994 PTD 706 1993 PTD 1681 1993 PTD 964 1993 PTD 125 1993 PTCL 115 1990 PTCL 893 1990 PTD 11 1990 PTD 1019 1990 PTCL 227 1989 PTD 308 1989 PTD 1065 1988 PTD 754 1988 PTD 290 1988 PTD 88 1988 PTD 117 1993 PTCL 39 1982 PTD 47 1981 PTD 143 44 TAX 29

2005 PTD 342 2004 PTD 892 89 TAX 97 VOL/7/4TF67 2001 PTCL 38 1995 PTD 258 1995 PTCL 17 1993 PTCL 396 1990 PTCL 343 1989 PTCL 1 1989 PTCL 556 1988 PTCL 317

Table: List of Reported Judgments: Appellate Tribunal

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Core Competencies

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