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Sukuk Bonds. Basics of Sukuk. 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.
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Basics of Sukuk • 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. • The Sukuk structures relay on the creation of a Special Purpose Vehicle (SPV). • SPV would issue Sukuk certificates which represents the ownership of an asset, entitlement (right/claim) to a debt or to rental incomes or even accumulation (collect) of returns from a 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, Istishna, Ijara or hybrid of all these.
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.
Sukuk in detail An undivided proportionate ownership interest in an asset • The corresponding right to the Islamically acceptable income streams generated by the asset. • These current income streams are established and translated into tradable securities. • Issuer creates a trust (arrangement whereby a person or group manages property on others behalf) over the leased or assets. • Trustee issues Sukuk to the Primary Subscribers (the beneficiaries under the trust) in the Primary Market
Sukuk in detail • Sukuk Holders have pro-rata (proportionally) undivided beneficial ownership of the leased assets held in trust -As beneficial owners the Sukuk-holders are entitled to the income streams from the leased assets. • The Primary Subscribers can resell the Sukuk in the Secondary Market • The Secondary Buyer will be the new pro-rata beneficial owner of the leased assets held in the trust
Sukuk in detail • Sukuks are usually issued through special purpose vehicle (SPV; is a legal entity created to fulfil narrow, specific or temporary objectives). • In Pakistan a Limited Liability Company has acted as the issuer and is registered with and regulated by SECP • Short and long term 5 –10 Years Tenure • There were record number of Sukuk Issues in year 2007 Worldwide with a Total volume of US$32.65 Billion
Typical International Sukuk Mechanism Acompany within a corporate group is said to be bankruptcy remote ,when the insolvency of that company does not affect any other company in the group Lessee person holding a property by lease
Sukuk Structures Sukuk Structuring may based on following modes • Mudarabah (Trust Financing/Trust Investment) • Murabahah (Sale and Purchase) • Musharaka (Partnership, Project Finance Participation) • Istishna (Purchase by Order or to Manufacture) • Salam (Upfront Payment Sale) • Ijarah (Operating Lease Concept)
Sukuk Structure Sukuk Structuring may based on following modes • Mudarabah (Trust Financing/Trust Investment) • Mudarabah is a special kind of partnership where one partner providers the capital (rabb-ul-maal) to the other (mudarib) for investment in a commercial enterprise. • Murabahah (Sale and Purchase) • An Islamic financing structure, where an intermediary buys a property with free and clear title to it. The intermediary and prospective buyer then agree upon a sale price (including an agreed upon profit for the intermediary) that can be made through a series of instalments, or as a lump sum payment.
Sukuk Structure • Musharaka (Partnership, Project Finance Participation) • A joint enterprise or partnership structure with profit/loss sharing implications that is used in Islamic finance instead of interest-bearing loans. Musharakah allows each party involved in a business to share in the profits and risks. Instead of charging interest as a creditor, the financier will achieve a return in the form of a portion of the actual profits earned, according to a predetermined ratio. However, unlike a traditional creditor, the financier will also share in any losses. • Istishna (Purchase by Order or to Manufacture) • Istishna is a Sharia mode of financing widely used by Islamic banks and financial institutions to finance the construction of buildings, residential towers, villas and related products, and manufacturing of aircrafts, ships, machines and equipment, etc.
Sukuk Structure • Salam (Upfront Payment Sale) • It is an advance payment commodity sales contract where the delivery of the commodity is deferred. When a bank signs to purchase a commodity on salam and pays out the price, its receivable is the commodity due at a specified future date that is stipulated in the contract. • Ijarah (Operating Lease Concept) • In an ijarah contract the bank first owns an asset which it leases to its customer. Or the bank gets a tangible asset on lease from a third party and subleases it to the customer