Date: 20th September 2016 Venue: DoubleTree Hotel, Kuala Lumpur

SIDC CPE - accredited: 10 CPE Points

As the Islamic banking industry continues to develop and mature, the occurrence of defaults and the need for rescheduling and refinancing become inevitable. Given the lack of precedent in handling such cases, a clear legislative and regulatory framework is required to ensure adherence and compliance to Shariah principles and other regulations.

This one day multi-speaker seminar will provide bankers, lawyers and scholars involved in Islamic finance with a clear analysis and understanding of the key regulatory and Shariah issues surrounding restructuring of Islamic finance facilities as well as crucial legal, procedural, documentation and accounting issues to consider when defaults occur.



09:00 - 10:30 Examining and Understanding Key Regulatory and Shariah Issues affecting Rescheduling and Restructuring
  • BNM guidelines and other pertinent regulations on rescheduled and restructured financing
  • Shariah issues contravening the principles of restructuring
  • ‘Best Practice’ in a restructuring exercise
  • Shariah principles in restructuring, rescheduling and non-performing/bad loans
  • Late payment: understanding Ibra, Ta'widh and Gharamah in the context of restructuring & rescheduling
Panelist: Mohd. Johan Lee — Managing Partner, J. Lee & Associates
10:30 - 11:00 Coffee & Networking
11:00 - 12:30 Understanding Legal Documentation for Restructuring and Rescheduling Islamic Facilities
  • Being aware of common pitfalls
  • Assessing laws regulating the restructuring of Islamic financing facilities
  • Understanding Islamic Finance and underlying contracts in the context of restructuring and rescheduling
  • Key legal Documentation involved
  • Issues relating to legal fees and stamp duty
  • Risks associated with restructuring Islamic finance
Panelist: Mohd. Johan Lee — Managing Partner, J. Lee & Associates
12:30 - 14:00 Luncheon
14:00 - 15:00 Assessing Default and Recovery Procedures for Restructured and Rescheduled Islamic Finance Facilities
  • Letter of demand
  • National land code procedures and their meanings
  • Filing claims in court: practical and real-life considerations
  • Assessment of the enforcement of securities and judgments
  • A discussion of recent cases
Panelist: Dato' Mohd Arief Emran bin Arifin — Partner, Wong & Partners
15:00 - 16:00 Examining Workout and Restructuring Issues for Sukuk and Islamic Syndicated Transactions
  • Comparisons and contracts between Sukuk and conventional bond restructurings
  • Key documents and agreements involved in Sukuk restructurings
  • Issues involving recourse and claims on assets
  • Parties to the process: responsibilities and obligations of each
  • Negotiating creditor issues
Panelist: Zailani Mahmud — Islamic Finance Trainer
16:00 Coffee and Networking