Latest Issues in Legal Documentation for Islamic Finance

About The Seminar

REDmoney Seminars present a two-day program to provide a comprehensive understanding and update on Shariah compliant legal documentation for various forms of Islamic financial transactions. The programme will analyse the process of structuring legal documentation for major Islamic financial transactions, including latest updates on Murabahah, Tawarruq, Ijarah as well as equity-based products such as Musharakah. We shall cover various Bank Negara Malaysia Policy Documents in detail. We also examine Sukuk risk and how awareness of key legal and documentation issues in Sukuk structuring can help mitigate and manage the special risks associated with Sukuk issuance. This workshop is meant to interactive focusing on case studies and practical examples from actual transactions executed in the industry.

Key Learning Outcomes

Understanding latest Shariah Issues in Legal documentation for Islamic Products
Managing Risk through Effective Legal Documentation
Examining Latest Legal and Documentation Issues for Murabahah and Ijarah, including Bank Negara Malaysia’s Policy Documents
Examining Latest Legal and Documentation Issues for Tawarruq, Waad and Wakalah, including Bank Negara Malaysia’s Policy Documents
Structuring Latest Legal Documentation Issues for Equity Financing Products, including Bank Negara Malaysia’s Policy Documents
Analysing Sukuk risk and Key Legal and Documentation issues in Sukuk Structuring

Where & When

Date: 17^th & 18^thJuly 2018
Venue: Kuala Lumpur

Who Will Benefit?

Islamic retail, commercial, corporate and investment bankers
In-house counsel and compliance professionals from banks and corporates
Consultants and advisors
Regulators and banking supervisors

Fee

Early bird : RM 2,700
Register before 17^th June 2019
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

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.
In-House Training Brochure

Manual Registration

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

For enquiries please contact:

Mathias Sosovele
Account Manager, REDmoney Seminars
[email protected]
Direct Line: +603 2162 7800 ext 25

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

Tiviaa James
Marketing Executive
[email protected]
Direct Line: +603 2162 7800 ext 62

Seminar Agenda

Day 1
Day 2

Day 1

Shariah aspects of Legal documentation

Islamic law of contract – essential elements
Shariah rules regarding conditions to the contract
Essential Shariah rules for sale – the base of all contracts
Difference between different Shariah contracts
Difference between conventional legal documentation and Islamic legal documentation
Discussion on Aqad and collateral

Legal documentation for Murabahah

Structure of Murabahah documentation
Bank Negara Malaysia’s Policy Document regarding Murabahah Legal Documentation
Practice of Islamic banks – examples from the industry
The structure and nature of the Ibra’ Tawidh and Gharammah clauses
The structure, nature and enforcement of security documents

Legal documentation for Tawarruq

Introduction to Tawarruq practise
Bank Negara Malaysia’s Policy Document regarding Tawarruq Legal Documentation
Bank Negara Malaysia’s Policy Document regarding Waad Legal Documentation
Bank Negara Malaysia’s Policy Document regarding Wakalah Legal Documentation
Case study – Execution process of Tawarruq legal documentation (Practical example from actual transactions executed in the industry)

Day 2

Legal documentation for Ijarah

Bank Negara Malaysia’s Policy Document regarding Ijarah legal documentation
Various types of Ijarah transactions and the risks involved
Structuring Ijarah documentation – issues, mitigating risks and adhering to Shariah principles
- Plain vanilla Ijarah
- Master Ijarah structure
- Ijarah - sale and lease back
- Ijarah - hire purchase/financial lease
Practice of Islamic banks – examples from the industry
The structure, nature and enforcement of security documents
Nature and applicability of purchase undertaking (Waad)

Legal documentation for Equity Financing Products and Diminishing Musharakah

Bank Negara Malaysia’s Policy Document regarding Legal Documentation for Equity Products
Documentation and issues for equity financing products
Documentation and issues for Diminishing Musharakah
Comparison of Diminishing Musharakah vs. sale contracts
Various forms of Diminishing Musharakah transactions and documentation

Understanding Legal documentation for Sukuk Issues

Understanding the legal and regulatory framework for Sukuk
Types of Sukuk structures and legal documentation
Shariah requirements relating to types of Sukuk structures
Legal and Shariah issues arising from Sukuk structures and documentation
Managing and mitigating Sukuk risk: understanding the key legal issues

Close of Program

Where & When

Date: 17^th & 18^thJuly 2018
Venue: Kuala Lumpur

Who Will Benefit?

Islamic retail, commercial, corporate and investment bankers
In-house counsel and compliance professionals from banks and corporates
Consultants and advisors
Regulators and banking supervisors

Fee

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

Key Learning Outcomes

Understanding latest Shariah Issues in Legal documentation for Islamic Products
Managing Risk through Effective Legal Documentation
Examining Latest Legal and Documentation Issues for Murabahah and Ijarah, including Bank Negara Malaysia’s Policy Documents
Examining Latest Legal and Documentation Issues for Tawarruq, Waad and Wakalah, including Bank Negara Malaysia’s Policy Documents
Structuring Latest Legal Documentation Issues for Equity Financing Products, including Bank Negara Malaysia’s Policy Documents
Analysing Sukuk risk and Key Legal and Documentation issues in Sukuk Structuring

Seminar Agenda

Day 1
Day 2

Day 1

Shariah aspects of Legal documentation

Islamic law of contract – essential elements
Shariah rules regarding conditions to the contract
Essential Shariah rules for sale – the base of all contracts
Difference between different Shariah contracts
Difference between conventional legal documentation and Islamic legal documentation
Discussion on Aqad and collateral

Legal documentation for Murabahah

Structure of Murabahah documentation
Bank Negara Malaysia’s Policy Document regarding Murabahah Legal Documentation
Practice of Islamic banks – examples from the industry
The structure and nature of the Ibra’ Tawidh and Gharammah clauses
The structure, nature and enforcement of security documents

Legal documentation for Tawarruq

Introduction to Tawarruq practise
Bank Negara Malaysia’s Policy Document regarding Tawarruq Legal Documentation
Bank Negara Malaysia’s Policy Document regarding Waad Legal Documentation
Bank Negara Malaysia’s Policy Document regarding Wakalah Legal Documentation
Case study – Execution process of Tawarruq legal documentation (Practical example from actual transactions executed in the industry)

Day 2

Legal documentation for Ijarah

Bank Negara Malaysia’s Policy Document regarding Ijarah legal documentation
Various types of Ijarah transactions and the risks involved
Structuring Ijarah documentation – issues, mitigating risks and adhering to Shariah principles
- Plain vanilla Ijarah
- Master Ijarah structure
- Ijarah - sale and lease back
- Ijarah - hire purchase/financial lease
Practice of Islamic banks – examples from the industry
The structure, nature and enforcement of security documents
Nature and applicability of purchase undertaking (Waad)

Legal documentation for Equity Financing Products and Diminishing Musharakah

Bank Negara Malaysia’s Policy Document regarding Legal Documentation for Equity Products
Documentation and issues for equity financing products
Documentation and issues for Diminishing Musharakah
Comparison of Diminishing Musharakah vs. sale contracts
Various forms of Diminishing Musharakah transactions and documentation

Understanding Legal documentation for Sukuk Issues

Understanding the legal and regulatory framework for Sukuk
Types of Sukuk structures and legal documentation
Shariah requirements relating to types of Sukuk structures
Legal and Shariah issues arising from Sukuk structures and documentation
Managing and mitigating Sukuk risk: understanding the key legal issues

Close of Program

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) 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 and, an MA in Economics for Competition Law from King’s Collage London. 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. Proficient in English, Malay language, Mandarin, he is also the first Chinese origin Shariah practitioner ever admitted by the Shariah court. His current practice includes corporate and commercial law, competition law, compliance and Islamic corporate finance related matters. He is instrumental in developing Islamic banking, Takaful and Islamic corporate finance documents and exercises for several financial institutions as well as corporate and governmental entities in Malaysia. Johan lectured in the law faculty of International Islamic University Malaysia since 1999 for both undergraduate and postgraduate law programmes. He has taught for a special exclusive diploma programme in Islamic Banking, jointly offered by IIUM and the Bar Council. He also lectures occasionally in various other local universities, Bank Negara Malaysia (BNM), as well as Institute Latihan Kehakiman (ILKAP) and Jabatan Kehakiman Syariah Malaysia (JKSM) for both civil courts and Shariah courts judges concerning 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 governmental agencies as well as government-funded banks. He is the author of the book ‘Legal Documentation for Islamic Banking’ published by the IBFIM, and co-author of an upcoming book ‘Islamic Financial Services Act 2013: Commentaries’ to be published and launched by the Current Law Journal. Johan is now a member of the Shariah Advisory Council (SAC) of the Association of Islamic Banks Malaysia (AIBIM and is a consultant to new law practices in Malaysia, Brunei, Singapore, Indonesia and the UK.

Seminar Registration

*Please note there is a fee for attending this program. Please contact us for more details.

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Before completing this registration form please read and understand our booking and cancellation policy. Thank you.

Booking, Payment and Cancellation Policy

By completing, signing and sending us this registration form you are confirming delegate places on the seminar. You are also confi rming your understanding of our Booking, Payment and Cancellation Policy.

Cancellation: If delegates cannot attend the seminar replacement participants are always welcome. Otherwise delegates must request in writing (letter, fax or email) to cancel registration/s or transfer to a diff erent seminar at least 21 days before the seminar start date to be eligible for a refund, less a 5% administration fee. Delegates who cancel within 21 days of the seminar start date, or who do not attend, are liable to pay the full seminar fee and no refunds will be given. Instead fees will be converted to a IFN Seminars voucher equivalent to the original fee, less a 15% administration charge. This voucher is transferable within your organization and must be redeemed within one year of issue or become void. If a seminar is postponed for whatever reason delegate bookings will be automatically transferred to the new seminar date. Delegates who wish to transfer to a diff erent seminar will be subject to the same terms as above and charged the diff erence in seminar fees. No refunds or seminar vouchers will be issued for a no-show. Payment Terms: All seminars fees are to be received within 14 days of invoice date. REDmoney shall receive the full seminar fee with no deductions of any description. All telegraphic transfer fees, taxes and levies (domestic or otherwise) shall be borne by the sponsoring organization.

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For enquiries please contact:

Mathias Sosovele
Account Manager, REDmoney Seminars
[email protected]
Direct Line: +603 2162 7800 ext 25

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

Tiviaa James
Marketing Executive
[email protected]
Direct Line: +603 2162 7800 ext 62