Transcript GM - Pitch

UK & European Real Estate Investment & Finance Forum, London, November 22, 2006
An Overview of Sukuk: Size, Basics
and the Role of Sharia Advisors
Dr Adnan Aziz
Product Manager, Dar Al Istithmar
••• a global think tank
for the Islamic finance
Plan
 A brief look at the existing market (5 minutes)
 Basics of Sukuk and how to structure them? (7 minutes)
 Role of Sharia Advisors in structuring of Sukuk (1 minute)
 Sukuk in the context of UK and Europe (1 minute)
2
Overview of the market (1/6)
Size of Sukuk Issued (2000 - 2006) in bil $
5.95, 14%
Sovereign
Corporate
37.49, 86%
3
Overview of the market (2/6)
Total Num ber of Sukuk Issues (2000 - 2006)
28, 11%
Sovereign
Corporate
235, 89%
4
Overview of the market (3/6)
Sukuk Issues: Year and Issuer Breakdow n
18
16
14
Billion $
12
Sovereign
10
Corporate
8
Total
6
4
2
0
2000
2001
2002
2003
2004
2005
2006
2000
2001
2002
2003
2004
2005
2006
Sovereign
0
0.25
0.8
1.2
1.5
0.7
1.5
Corporate
0.34
0.53
0.02
4.5
5.5
11.1
15.5
Total
0.34
0.78
0.82
5.7
7
11.8
17
Years
5
Overview of the market (4/6)
Leading Sovereign Issuers
18
16
14
12
10
8
6
4
2
0
Bahrain
Malaysia
Brunei
Pakistan
UAE
Qatar
Germany
6
Overview of the market (5/6)
Leading Corporate Issuers
250
200
197
150
100
50
18
9
7
6
5
2
1
1
1
UAE
Saudi
Arabia
Kuw ait
Bahrain
UK
Qatar
Brunei
USA
0
Malaysia
Indonesia
7
Overview of the market (6/6)
 Some of the leading Lead Managers are:
Commerce International Merchant Bank Berhard (CIMB)
HSBC Amanah
Dubai Islamic Bank
AmMerchant Bank Berhard
Aseambankers Malaysia
Central Bank of Bahrain
Citigroup
Bahrain Monetary Agency
8
Basics of Sukuk (1/4)
 Sukuk is popularly known as an Islamic or Sharia compliant ‘Bond’ whilst
in actual fact, it is an asset-backed trust certificate.
 In its simplest form Sukuk is a certificate evidencing ownership of an
asset or its usufruct.
 The Sukuk structures rely on the creation of a Special Purpose Vehicle
(SPV).
 SPV would issue Sukuk certificates which represent for example the
ownership of an asset, entitlement to a debt or to rental incomes or even
accumulation of returns from various Sukuk (a hybrid Sukuk).
 The return provided to Sukuk holders therefore come in the form of profit
from a sale, rental or a combination of both.
 Sukuk could be based on Mudaraba, Musharaka, Murabaha, Salam,
Istisna, Ijara or hybrid of these.
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Basics of Sukuk (2/4)
 Difference between conventional bond and Sukuk
–
In its simplest form, a bond is a contractual debt obligation whereby the
issuer is contractually obliged to pay to bondholders, on certain
specified dates, interest and principal.
–
In comparison, under Sukuk structure the Sukuk holders each hold an
undivided beneficial ownership in the underlying assets. Consequently,
Sukuk holders are entitled to share in the revenues generated by the
Sukuk assets as well as being entitled to share in the proceeds of the
realization of the Sukuk assets.
 Similarities between conventional bond and Sukuk
–
Marketability: Sukuk are monetised real assets that are liquid, easily
transferred and traded in the financial markets
–
Rateability: Sukuk can be easily rated
–
Enhanceability: Different Sukuk structures may allow for credit
enhancements
–
Versatility: the variety of Sukuk structures (as many as over 27
possibilities) allow for: structuring across legal and fiscal domains, fixed
and variable income options etc.
10
Basics of Sukuk (3/4)
 Issuing of Sukuk involves a number of steps like;
–
Preparing a detailed feasibility study (stating clear objectives to
be achieved from the proposed Sharia-compliant business) and
setting up of general framework and organisational structure to
support the issuance process;
–
Working out an appropriate Sharia structure to achieve the set
objectives in compliance with Sharia;
–
Arranging lead manager (s) to underwrite the Sukuk issue;
–
Arranging legal documentation around the agreed Sharia
structure (both from the Issuer’s as well as arranger’s
perspective);
–
Setting up the SPV to represent the investors (Sukuk holders);
and
–
Putting the Sukuk into circulation.
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Basics of Sukuk (4/4)
Returns (as agreed in
Sharia Agreement)
(4)
Sharia-compliant
underlying business
Returns (as agreed in
Sharia Agreement)
(3)
SPV
(2)
(1)
Investments
(1)
Sukuk issued
Sharia Agreement
(e.g., Musharaka)
(4)
(2)
Party requiring
finances
Sukuk Holders
(Investors)
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Role of Sharia Advisors in Sukuk
 Sharia advisor (Sharia scholars or Sharia advisory firms with
recourse to Sharia scholars) have a significant role to play.
Amongst others, following may be listed as examples:
–
Advising on proposed Sukuk structure and suggest a Sharia
structure which otherwise fulfils the set economic aims;
–
Working closely with legal counsel of the issuer to ensure that
the legal documents are in line with Sharia requirements;
–
Working closely with legal counsel of the arranger to ensure that
the legal documents are in line with Sharia requirements;
–
Issuing Fatwa on the whole Sukuk deal before the same can be
put into circulation.
13
Sukuk in the context of UK and Europe
 UK is all set to introduce new framework to support the issuance
of Sukuk, through parliamentary legislation. Treasury minister, Ed
Balls, has been quoted in media recently:
“We are looking to place domestic Sukuk on the same footing as
conventional products”
 It is indeed an encouraging step by the UK. But it is important that
such a framework is designed involving industry practitioners with
experience in Sukuk issues.
 In sum, future of Islamic finance (including Sukuk) is becoming
more and more viable in the UK and wider europe.
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Thank You!
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