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seminar logoRecovery, Restructuring & Rescheduling of Islamic Finance Facilities
 

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About The Seminar

The Islamic finance industry faces the same fundamental challenges and risks as that of conventional finance, including whether or not clients can fulfil their repayment obligations and when. However, recovery under Islamic finance principles is a significantly more sensitive undertaking and Islamic banks have to be very careful about how they approach the recovery process. Given the lack of precedent in such cases, effective documentation and a clear understanding of Shariah principles and other regulations is essential.

This intensive two-day program will provide delegates with a clear understanding of the key regulatory and Shariah issues surrounding the recovery of Islamic facilities as well as crucial legal, procedural and documentation issues to consider when defaults or problems occur. Real-life case studies will be used to examine important precedents and to develop delegates’ understandings of the application of these principles.

Key Learning Outcomes:

  • Identify the common mistakes & pitfalls in legal documentation
  • Recognize dispute resolution options in the case of Islamic financial products
  • Evaluate Ibra, Tawidh & Gharamah concepts and its practical aspects
  • Formulate restructuring and rescheduling methods for Islamic banking facilities
  • Assess recovery, restructuring and rescheduling methods of Sukuk
  • Analyze the enforceability of Shariah non-compliance contracts in Malaysia

Seminar Agenda

  • Day One
  • Day Two

Day One

09:00 - 10:30: Revisiting the Basics of Islamic Finance
  • Dos and don’ts
  • Fundamental different between conventional loan and Islamic finance
  • Discussion on different types of Shariah contracts
  • Common mistakes & pitfalls in legal documentation
10:30 – 11:00: Tea Break
11:00 – 12:30: Islamic Finance in Contemporary Practice
  • Common types of collateral
  • Underlying Shariah principles regarding collateral
  • Governing laws for Islamic finance in Malaysia
  • Brief discussion on disputes resolution in Malaysia
12:30 – 14:00: Lunch
14:00 – 15:30: Reference to Shariah Advisory Council
  • The law and practice
  • Case Study
15:30 – 16:00: Tea Break
16:00 – 17:00: Cause of Action
  • Pleading it correctly
  • Case study
17:00:End of Day One

Day Two

09:00 - 10:30: Ibra, Tawidh & Gharamah
  • Shariah concept
  • Practical aspects
  • Case study
10:30 – 11:00: Tea Break
11:00 – 12:30: Restructuring and Rescheduling Islamic Banking Facilities
  • Shariah requirements
  • Practical aspects
  • Case study
12:30 – 14:00: Lunch
14:00 – 15:30: Recovery, Restructuring and Rescheduling of Sukuk
  • Practical aspects
  • Case study
15:30 – 16:00: Tea Break
16:00 – 17:00:Enforceability of Shariah Non-compliance Contracts in Malaysia
  • Pleading it correctly
  • Case study
17:00:End of Day Two

The course will include significant coverage of the implications of the legal case between Kuwait Finance House (KFH) (Malaysia) and JRI Resources, which led to the Federal Court of Malaysia, in an unprecedented move, delivering a five-against-four decision that the findings of Bank Negara Malaysia’s Shariah Advisory Council (SAC) are binding on civil courts.

Where & When

Date: 26th – 27th August 2019
Venue: InterContinental Kuala Lumpur

Fee

Early bird : RM2,700
Standard : RM3,000 per delegate
2 delegates (5% Discount) : RM2,850 per delegate
3 delegates (15% Discount) : RM2,550 per delegate
4 delegates (20% Discount) : RM2,400 per delegate
5 delegates (30% Discount) : RM2,100 per delegate

Early Bird: Registrations received on or before 26th July 2019, will receive a 10% discount. No discount shall be given to registrations received after this cut-off date.

Who Should Attend?

This course is relevant to personnel in the relevant functions of:

    • Retail, commercial and SME Islamic banking
    • Credit administration & credit recovery
    • Credit control & collections
    • Accounts receivable
    • Operations
    • Compliance
    • General counsel

In-house/group training

If you are looking for an in-house training program or wish to send a group to an existing public program, kindly please contact Andrew Tebbutt at [email protected] or +603 2162 7802.
Learn More

Manual Registration

Kindly complete the registration form and email to [email protected] or fax +603 2162 7810

For enquiries please contact:

Normariya Sariman
Account Manager, REDmoney Seminars
[email protected]
Direct Line: +603 2162 7800 ext 44

Ramesh Kalimuthu
Events Sales Director
[email protected]
Direct Line: +603 2162 7800 ext 65
Fax: +603 2162 7810

For sponsorship & speaking opportunities:

Andrew Tebbutt

Managing Director
[email protected]
Direct Line: +603 2162 7802

For marketing and media enquiries

Govina Selvanthran

Marketing Manager
[email protected]
Direct Line: +603 2162 7800 ext 22

Where & When

Date: 26th – 27th August 2019
Venue: InterContinental Kuala Lumpur

Fee

Early bird : RM2,700
Standard : RM3,000 per delegate
2 delegates (5% Discount) : RM2,850 per delegate
3 delegates (15% Discount) : RM2,550 per delegate
4 delegates (20% Discount) : RM2,400 per delegate
5 delegates (30% Discount) : RM2,100 per delegate

Early Bird: Registrations received on or before 26th July 2019, will receive a 10% discount. No discount shall be given to registrations received after this cut-off date.

Who Should Attend?

This course is relevant to personnel in the relevant functions of:

    • Retail, commercial and SME Islamic banking
    • Credit administration & credit recovery
    • Credit control & collections
    • Accounts receivable
    • Operations
    • Compliance
    • General counsel

In-house/group training

If you are looking for an in-house training program or wish to send a group to an existing public program, kindly please contact Andrew Tebbutt at [email protected] or +603 2162 7802./p>

Manual Registration

Kindly complete the registration form and email to [email protected] or fax +603 2162 7810

About The Seminar

The Islamic finance industry faces the same fundamental challenges and risks as that of conventional finance, including whether or not clients can fulfil their repayment obligations and when. However, recovery under Islamic finance principles is a significantly more sensitive undertaking and Islamic banks have to be very careful about how they approach the recovery process. Given the lack of precedent in such cases, effective documentation and a clear understanding of Shariah principles and other regulations is essential.

This intensive two-day program will provide delegates with a clear understanding of the key regulatory and Shariah issues surrounding the recovery of Islamic facilities as well as crucial legal, procedural and documentation issues to consider when defaults or problems occur. Real-life case studies will be used to examine important precedents and to develop delegates’ understandings of the application of these principles.

Key Learning Outcomes:

  • Identify the common mistakes & pitfalls in legal documentation
  • Recognize dispute resolution options in the case of Islamic financial products
  • Evaluate Ibra, Tawidh & Gharamah concepts and its practical aspects
  • Formulate restructuring and rescheduling methods for Islamic banking facilities
  • Assess recovery, restructuring and rescheduling methods of Sukuk
  • Analyze the enforceability of Shariah non-compliance contracts in Malaysia

Seminar Agenda

  • Day One
  • Day Two

Day One

09:00 - 10:30: Revisiting the Basics of Islamic Finance
  • Dos and don’ts
  • Fundamental different between conventional loan and Islamic finance
  • Discussion on different types of Shariah contracts
  • Common mistakes & pitfalls in legal documentation
10:30 – 11:00: Tea Break
11:00 – 12:30: Islamic Finance in Contemporary Practice
  • Common types of collateral
  • Underlying Shariah principles regarding collateral
  • Governing laws for Islamic finance in Malaysia
  • Brief discussion on disputes resolution in Malaysia
12:30 – 14:00: Lunch
14:00 – 15:30: Reference to Shariah Advisory Council
  • The law and practice
  • Case Study
15:30 – 16:00: Tea Break
16:00 – 17:00: Cause of Action
  • Pleading it correctly
  • Case study
17:00:End of Day One

Day Two

09:00 - 10:30: Ibra, Tawidh & Gharamah
  • Shariah concept
  • Practical aspects
  • Case study
10:30 – 11:00: Tea Break
11:00 – 12:30: Restructuring and Rescheduling Islamic Banking Facilities
  • Shariah requirements
  • Practical aspects
  • Case study
12:30 – 14:00: Lunch
14:00 – 15:30: Recovery, Restructuring and Rescheduling of Sukuk
  • Practical aspects
  • Case study
15:30 – 16:00: Tea Break
16:00 – 17:00:Enforceability of Shariah Non-compliance Contracts in Malaysia
  • Pleading it correctly
  • Case study
17:00:End of Day Two

The course will include significant coverage of the implications of the legal case between Kuwait Finance House (KFH) (Malaysia) and JRI Resources, which led to the Federal Court of Malaysia, in an unprecedented move, delivering a five-against-four decision that the findings of Bank Negara Malaysia’s Shariah Advisory Council (SAC) are binding on civil courts.

Seminar Speaker


Dr. Mohd Johan Lee 
Managing Partner, J Lee & Associates

Johan is the managing partner of J. Lee & Associates, a legal firm in Malaysia. He graduated with LLB (Hons) Johan is the managing partner of J. Lee & Associates, a medium-size award-winning legal firm in Malaysia. The firm is now a member of Primerus law, an international legal chambers group consisting of finest law firms worldwide. Primerus law is one of the top three biggest legal firm groups in the world.

He graduated with LLB (Hons) degree from International Islamic University Malaysia. He also holds a Master of Comparative Laws degree, a post-graduate Diploma in Shariah and Legal Practice both of which from International Islamic University Malaysia, an MA in Economics for Competition Law from King’s Collage London and a Ph.D in Business and Commercial Law from Monash University Australia. He is currently a qualified member of the Chartered Institute of Arbitrators, UK as well as a mediator of the Malaysian Bar. He is an advocate and solicitor of the High Court of Malaya, the Shairah Court and the Supreme Court of Brunei.

He lectures part-time in a few local law schools (namely IIUM for the LLM, Unisza and UM for the LLB programmes) and in the IiBF of IIUM for the MSc.in Islamic Banking programme. He also occasionally conducts in-house trainings to various Islamic banking institutions worldwide, governmental and semi-governmental institutions. He has lectured and provided training in the Institute Latihan Kehakiman (ILKAP) as well as Jabatan Kehakiman Syariah Malaysia (JKSM) for both civil courts and Shariah courts judges concerning Islamic banking. He has also trained the officers from BNM, and all local banks and few other central banks throughout the world on Islamic Banking. In 2006, he was a visiting scholar to the Asian Law Centre of the University of Washington. He is currently a shariah consultant to few governmental agencies as well as few government-funded banks. Besides, he was a member of the Board of Studies of the Institute of Islamic Banking and Finance, International Islamic University Malaysia for the 2010-2012 tenure. He was also a member of the Board of Studies of the Faculty of Law of University Malaya for the 2015-2017 tenure. He was in the syllabus endorsement committee in for the INCEIF, and the CIMA. He is recently accredited as a senior trainer of the IBFIM and a trainer of the Associations of Shariah Advisors (ASAS), Malaysian Institute of Accountants (MIA) and the Institute of Internal Auditors Malaysia (IIA). He was the committee of the law reform committee established by the Attorney General office. He has recently been awarded the prestigious award of Islamic Finance Expert by LEGALS FINEST International.

He has authored few text books and reference books and written few articles on Islamic banking published globally notably:

  1. Legal Documentation for Islamic Banking, IBFIM, Kuala Lumpur, 2014,
  2. IFSA 2013: Commentaries on Islamic Banking and Finance, CLJ Publication, Kuala Lumpur, 2015,
  3. Islamic Finance: Recovery, Rescheduling, and Restructuring of Islamic Banking Facilities, LexisNexis, Kuala Lumpur, 2016,
  4. Islamic Finance: Shariah Theories, Principles, Practice, and Legal Documentation in Malaysia, Lexis Nexis, Kuala Lumpur, 2017,
  5. IFSA 2013 and FSA 2013: New Regulation Regime in Malaysia for Islamic Finance, in, Adnan Trakic (eds), Islamic Banking and Finance, CLJ Publication, 2nd ed, Kuala Lumpur, 2015,
  6. Muamalat, in, Ballini Pathmanathan (ed) Bullen & Leaks & Jacob’s Malaysian Precedents of Pleading, Thomson Reuters, August, 2017,
  7. Muamalat (a full volume), in, Malaysian Precedents & Forms, Lexis Nexis, Kuala Lumpur (2018),
  8. Annotated Statute: Financial Services Act 2013, Lexis Nexis, Kuala Lumpur (upcoming),
  9. Annotated Statute: Islamic Financial Services Act 2013, Lexis Nexis, Kuala Lumpur (upcoming),
  10. Atkin’s Court Forms Malaysia: Islamic Banking, Lexis Nexis, Kuala Lumpur (Upcoming),
  11. Islamic Trade Finance, IBFIM, Kuala Lumpur (Upcoming),
  12. Islamic Finance: Recovery, Rescheduling, and Restructuring of Islamic Banking Facilities, LexisNexis, Kuala Lumpur, (2nd ed) 2019,

He is now a member of the Shariah Advisory Council (SAC) of the Association of Islamic Banks Malaysia (AIBIM). Also, he is a consultant to few law firms and practices in Malaysia, Brunei, Singapore, Indonesia and the UK. He has drafted and developed numerous Islamic banking legal documents and products in Malaysia and overseas. He is a director of the IIUM Shariah Advisory Services Sdn. Bhd.

For enquiries please contact:

Normariya Sariman
Account Manager, REDmoney Seminars
[email protected]
Direct Line: +603 2162 7800 ext 44

Ramesh Kalimuthu
Events Sales Director
[email protected]
Direct Line: +603 2162 7800 ext 65
Fax: +603 2162 7810

For sponsorship & speaking opportunities:

Andrew Tebbutt

Managing Director
[email protected]
Direct Line: +603 2162 7802

For marketing and media enquiries

Govina Selvanthran

Marketing Manager
[email protected]
Direct Line: +603 2162 7800 ext 22

About Us

REDmoney Events designs, organizes and hosts industry-leading conferences, forums, roadshows and seminars focusing on the Islamic financial markets across a global, regional and national level.

+603 2162 7800
[email protected]

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