Legal, Documentation & Shariah Issues in Islamic Banking and Capital Markets

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1 ISLAMIC FINANCE LAW SCHOOL Legal, Documentation & Shariah Issues in Islamic Banking and Capital Markets Benefit from the knowledge & experience of your expert panel of speakers: Dr Rusni Hasan, Asst. Professor, Islamic Law Department, International Islamic University Malaysia, Shariah Advisor, Bank Negara Malaysia Ahmad Lutfi Abdull Mutalip, Partner/Head, Global Financial Services & Islamic Banking, Azmi & Associates Madzlan Mohamad Hussain, Partner/Head, Islamic Financial Services Practice, Zaid Ibrahim & Co. Hakimah Yaacob, Associate Researcher, International Shariah Research Academy for Islamic Finance (ISRA) Mohammed Ismail Shariff, Partner, Skrine Mohd Johan Lee, Partner, J Lee & Associates Megat Hizaini Hassan, Partner, Islamic Finance Practice, Lee Hishammuddin Allen & Gledhill Professor Dr Saiful Azhar Rosly, Professor of Islamic Economics and Banking, Head of Islamic Banking Department, INCEIF 25 th - 28 th July 2011, Kuala Lumpur Visit today or call for more information

2 Introduction The rapid evolution of Islamic fi nance has been supported by the development of a comprehensive legal infrastructure combining Shariah principles, legislation and complex legal and documentation issues. A keen understanding of these issues is crucial for any fi nance or legal professional involved in Islamic fi nance deals. As Islamic fi nance products and structures evolve and become more innovative, keeping yourself updated on impending legal issues is of paramount importance. This four day Islamic Finance Law School program is set at an intermediate level and is specifi cally designed to give bankers, corporate fi nance practitioners, lawyers, in house counsel and academicians a comprehensive understanding of the legal, documentation and Shariah issues necessary for structuring Shariah-compliant Islamic banking and fi nance products. Each day is individually focused on specifi c areas of Islamic banking and fi nance, allowing delegates to customize a program to suit their learning needs by choosing to attend a combination of any of the four days. Practitioners new to Islamic fi nance are encouraged to attend the entire program. Day One, 25 th July 2011: Overview of Shariah Issues & Retail Banking Contracts Introduction to Legal Issues in Islamic Banking & Finance Legal, Documentation and Shariah Issues in Retail & Commercial Banking Contracts Day Two, 26 th July 2011: Islamic Equity Funds & Corporate Banking Legal, Documentation & Shariah Issues for Islamic Equity Funds & Investment Management Legal, Documentation & Shariah Issues for Islamic Corporate Banking Day Three, 27 th July 2011: Sukuk & Islamic Project Financing Legal, Documentation & Shariah Issues for Sukuk Legal, Documentation & Shariah issues for Islamic Project Financing Day Four, 28 th July 2011: Islamic Hedging & Liquidity Management Instruments Legal, Documentation & Shariah Issues for Islamic Hedging Products Legal, Documentation & Shariah Issues in Islamic Liquidity Management Products & Instruments Delegates may customize a program to suit their learning needs by choosing to attend a combination of any of the four days. Who should attend: The Islamic Finance Law School is specifi cally designed to give bankers and corporate players with basic knowledge of Islamic fi nance an understanding of the legal, documentation and Shariah issues involved in specifi c products and structures. Banks & Financial Institutions: Islamic Banking Treasury Fund Management Investment Management Risk Management Consumer Banking Corporate Banking Wealth Management Corporate and Advisory: Regulators In house counsel Lawyers Academicians and Researchers Corporate Treasurers Risk, Compliance and Audit CFOs & Financial Controllers

3 Monday, 25 th July 2011 : Overview of Shariah Issues & Retail Banking Contracts : Introduction to Shariah Principles and Legal Issues in Islamic Banking & Finance Overview of Shariah principles Basis of Fiqh and Muamalat Prohibitions Understanding Islamic contract law Key statutes and legislations Commonly used Shariah compliant instruments in Malaysia Understanding the regulatory framework for Islamic banking fi nance in Malaysia and globally Jurisdiction issues, dispute resolution and review of recent cases Dr Rusni Hasan, Asst. Professor, Islamic Law Department, International Islamic University Malaysia Shariah Advisor, Bank Negara Malaysia 2.00pm 5.00pm : Legal, Documentation & Shariah issues in Retail & Commercial Banking Contracts Salient features of deposit products Wadiah and Wadiah Yad Damanah Commodity Murabahah fi nancing Musharakah Mutanaqisah fi nancing Salient features of lease contracts Ijarah and AITAB Islamic credit card products Ahmad Lutfi Abdull Mutalip, Partner/Head, Global Financial Services & Islamic Banking, Azmi & Associates Tuesday, 26 th July 2011: Islamic Equity Funds & Corporate Banking : Legal, Documentation & Shariah Issues for Islamic Funds & Investment Management (3 hours) Islamic mutual funds Islamic private equity funds Islamic Real Estate Investment Trust (i-reit) Islamic Sukuk funds, real estate funds, Infrastructure funds and ETFs Portfolio screening process and purifi cation IFSB/AAOIFI standards applicable to Islamic funds & investments Madzlan Mohamad Hussain, Partner/Head, Islamic Financial Services Practice, Zaid Ibrahim & Co. 2.00pm 5.00pm : Legal, Documentation & Shariah Issues for Islamic Corporate Banking Letter of Credit (Wakalah) Murabahah Trust Receipt-i Murabahah Working Capital Financing Acceptance Bills-i Bai al-dayn Islamic export Credit Refi nancing Letter of guarantee (Kafalah) Kafalah shipping guarantee Shariah and legal issues in international trade fi nance International trade and Islamic fi nance court cases Hakimah Yaacob, Associate Researcher, International Shariah Research Academy for Islamic Finance (ISRA) Wednesday, 27 th July 2011: Sukuk & Islamic Project Financing : Legal, Documentation & Shariah Issues for Sukuk Documentation for commonly used structures: o Istisna Sukuk issuance o Musharakah o Mudarabah o Sukuk Al Ijarah o Islamic asset backed securities Shariah issues in Sukuk Jurisdictional issues in cross border Sukuk transactions Legal issues in Sukuk default and restructuring A discussion of recent Sukuk issuances Mohammed Ismail Shariff, Partner, Skrine

4 2.00pm 5.00pm : Legal, Documentation & Shariah issues for Islamic Project Financing Key documentation and Shariah issues in commonly used structures o Mudarabah o Ijarah o Musharakah o Istisna o Sukuk o Exotic hybrid modes o Reverse version Syndicated fi nancing deals Guarantee, collateral and security sharing arrangement between fi nanciers Mohd Johan Lee, Partner, J Lee & Associates Thursday, 28 th July 2011: Islamic Hedging & Liquidity Management Instruments : Legal, Documentation & Shariah Issues for Islamic Hedging Products Understanding the Islamic approach to risk management and hedging Documentation for ISD/ IIFM Tahawwut Master Agreement Key features of hedging documentation & issues arising (based on the Tahawwut Master Agreement) Megat Hizaini Hassan, Partner, Islamic Finance Practice, Lee Hishammuddin Allen & Gledhill 2.00pm 5.00pm : Legal, Documentation & Shariah Issues in Islamic Liquidity Management Products & Instruments Documentation for IIFM Master Agreement for Treasury Placements Legal and Shariah issues in a. Commodity Murabahah b. Wakala/Mudarabah placements c. Wadiah products d. Short term Sukuk e. Repurchase agreements (repos) Professor Dr Saiful Azhar Rosly, Professor of Islamic Economics and Banking, Head of Islamic Banking Department, INCEIF About the speakers Dr. Rusni Hassan is an Assistant Professor at the Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia (IIUM). She graduated with LLB (Honours) and LLB (Shariah) (First Class), Master of Comparative Laws (MCL) and Ph.D. in Law. Her area of specialization includes Islamic Banking, Finance and Islamic Documentations, Islamic Capital Market, Takaful and Islamic Law of Transactions. She is a Board Member and PhD Selection Committee at IIUM Institute of Islamic Banking and Finance. Presently she is a member of Shariah Advisory Council of Central Bank of Malaysia (Bank Negara Malaysia). She was a member of Shariah Committee for HSBC Amanah Malaysia, HSBC Amanah (Takaful) Malaysia and a registered Shariah Unit Trust Advisor with the Securities Commission. Ahmad Lutfi is Partner and Head of Global Finance Services and Islamic Banking Practice Group of Azmi & Associates. He graduated from the International Islamic University Malaysia with an LL.B (Hons.) in 1995 and was admitted to the Malaysian Bar in He became a founding partner of Azmi & Associates in September 2000 and has advised clients on numerous exercises ranging from private debt securities, syndicated & cross border fi nancing, structured & project fi nancing, trade facilities; both conventional and Islamic, Islamic banking product development, corporate debt restructuring, privatization and build-operate-transfer / build-operate-own projects including water privatization, mergers & acquisitions, foreign direct investment, energy & power related transactions, joint ventures to telecommunication projects and building contracts. The Sukuk Programme of highway concessionaire (PROLINTAS) led by him was awarded the Islamic Finance News (IFN) Deal of the Year Islamic Finance News in its publication, Leading Lawyers 2009 identifi ed Ahmad Lutfi as a leading lawyer in the category of Islamic banking and fi nance. Madzlan Mohamad Hussain is a Partner and Head of the Zaid Ibrahim & Co. s Islamic Financial Services Practice. He advises on matters relating to Islamic fi nancial services as well as prudential and regulatory framework. In addition, he advises clients on corporate exercises and compliance with securities regulations. His engagements include advising fi nancial institutions in Malaysia on the legal and regulatory compliances for their Islamic fi nance operations; standardization of Islamic fi nance documentation, structuring and designing Sharī ah-compliant fi nancial products, Islamic corporate fi nancing facilities, and issuance of Islamic securities. Madzlan is also well acquainted with the Islamic Financial Services Board (IFSB) guiding principles and current developments in relation to the global Islamic fi nancial services industry, by virtue of his previous service with the

5 Board. He is also an Arbitrator for Islamic Finance disputes at the Kuala Lumpur Regional Centre for Arbitration. Madzlan holds a Bachelor of Laws (Honours) from IIUM as well as a Master of Science in Islamic Economics, Banking and Finance from Loughborough University, United Kingdom. Hakimah Yaacob is currently an associate researcher at International Shariah Research Academy for Islamic Finance (ISRA). She holds a LLB (Hons), LLB Shariah (Hons) and Master in Comparative Laws (MCL) from International Islamic University of Malaysia, (IIUM). She obtained her Diploma in Victimology from Tokiwa University, Japan, and is currently pursuing her Phd in Victimology. Since 2002 she has served in the Law Matriculation centre, IIUM as an academician. Prior to joining IIUM, she was a legal practitioner both in Civil and Shariah litigation. In 2006, she was appointed as the Head of Law Reform and International Treaties at the Human Rights Commission of Malaysia (SUHAKAM). She is also the author for several books such as ISRA Report on International Legal Framework in Islamic Finance, Malaysian Legal History and Alternative Dispute Resolution in Islamic Finance. Mohamed Ismail Mohamed Shariff is a partner at Skrine. He holds an LL.B. (Hons.) degree from the University of Singapore (1969) and an LL.M. from King s College, University of London (1974). He is a Fellow of the Chartered Institute of Arbitrators (UK) and of the Malaysian Institute of Arbitrators and a Barrister-at-law of Lincoln s Inn. In 2009 he was admitted as a Practising Member of The Association of Chartered Islamic Financial Professionals Malaysia (ACIFP). He was called to the Malayan Bar in 1970 and to the bar of the Supreme Court of the Republic of Singapore in He has been in private legal practice for 40 years and has had a varied practice. He is a director of Kuwait Finance House Malaysia Berhad, the fi rst foreign-owned Islamic bank in Malaysia. From January 2001 to January 2005 he was a Director of Bank Muamalat Malaysia Berhad, the second licensed Islamic bank in Malaysia, as a nominee of Khazanah Nasional Berhad. Ismail was named as a Leading Lawyer in Islamic banking and fi nance by Islamic Finance News in 2009 and again in He is also Highly Recommended as a Leading Lawyer in Banking & Finance Islamic Finance by Chambers & Partners Asia for He has been inducted as an Honoured Member for in Continental Who s Who, a U.S. based publication dedicated to the Recognition of Excellence of Professionals and Executives all over the world. Mr. Johan Lee is managing partner of J. Lee & Associates, a mid-sized Malaysian legal fi rm. He graduated with LLB (Hons) degree from International Islamic University Malaysia ranking among the top in his year. He also holds a Master of Comparative Laws degree, a post-graduate Diploma in Shariah and Legal Practice and a Master of Arts (MA) in Economics in Competition Law. He is currently a qualifi ed member of the Chartered Institute of Arbitrators, UK as well as a registered mediator of the Malaysian Bar. His current practice includes corporate and commercial law, competition law compliance and Islamic corporate fi nance related matters where he advises wide range of clients from local small medium entrepreneurs to multinational corporate entities over their local and transnational business needs. He has spoken extensively in seminars, workshops and conferences on various issues and topics concerning Islamic banking, Takaful and Islamic corporate fi nance both locally and internationally. He is a member of the endorsement Committee for the Specialised Takaful programme of the International Centre for Education in Islamic Finance (INCEIF) and a sitting member of the Syariah community committee of the Attorney General s Chambers of Malaysia. Megat Hizaini Hassan is a partner in the Financial Services Group and heads the Islamic Finance practice at Lee Hishammuddin Allen & Gledhill. An alumnus of the International Islamic University of Malaysia (IIUM), he also holds Master of Laws (LLM) degrees from the University of Cambridge, UK, and Harvard Law School, US. He was a Cambridge Commonwealth Trust scholar at Cambridge, International Islamic University scholar at Harvard and a Royal Dutch/Shell scholar at IIUM. He was called to the Malaysian Bar in Megat is well versed in matters relating to Islamic banking and fi nance, as well as corporate legal and regulatory developments. He has advised local and international clients on issues pertaining to the legal and regulatory framework, as well as matters relating to applicable Shariah standards, for Islamic fi nancial or investment transactions in Malaysia and abroad. He has also been recognized as one of the leading lawyers in his area of practice, through publications such as International Financial Law Review s Guide to the World s Leading Islamic Finance Lawyers and Expert Guides, Chambers Asia as well as Islamic Finance News Leading Lawyers Directory. Prof. Dr. Saiful Azhar Rosly is currently the Head of Islamic Banking Department at INCEIF and Professor of Islamic Economics and Banking. He obtained undergraduate and master degrees in economics from Northern Illinois University, DeKalb, USA and Ph.D in economics from Universiti Kebangsaan Malaysia (UKM). He has taught courses such as Islamic economics, Islamic banking and fi nance, Islamic fi nancial system, Islamic banking system and operation, risk management for Islamic fi nancial institutions, Islamic capital market, money and banking and economic development. Prof. Saiful has served as a Consultant in Islamic banking and fi nance for the Ministry of Finance Malaysia, National Economic Advisory Council (NEAC), Permodalan Usahawan Nasional Berhad (PUNB), EON Bank, Commerce International Merchant Bank (CIMB) and Silverlake Malaysia. Prof. Saiful is currently an Independent Director for EON Capital Islamic Bank (Malaysia), a Director for Federation of Investment Managers Malaysia (FIMM) and Shariah Advisory Committee for AGRO Bank Bhd.

6 ISLAMIC FINANCE LAW SCHOOL 25 th - 28 th July, KUALA LUMPUR Contact us at Tel: Fax: PRICING & DISCOUNTS The pricing for this course is as follows: I am booking: Pricing Day 1: Overview of Shariah Issues & Retail Banking Contracts Day 2: Islamic Equity Funds & Corporate Banking Day 3: Sukuk & Islamic Project Financing Day 4: Islamic Hedging & Liquidity Management Instruments Attend all 4 Days RM 4,800 Please note: A late booking fee of RM150 will be imposed on registration received within 14 days of the course start date. Fees include training materials, refreshments and lunch. Accommodation is not included. 2. Delegate details Name Job Title address Telephone 1 / / / 2 / / / 3 / / / 4 / / / 5 / / / 3. Who to invoice and contact? Please tell us who we should invoice. It is also helpful for us to have the name of an administrator with whom we can liaise directly. Contact person for invoicing: Job Title: Tel: Fax:... Contact person to send administration details:... Job Title: Tel: Payment can be made by cheque or bank transfer. A notifi cation will be sent to you once payment has been received. I wish to pay by: Cheque/bankers draft Telegraphic transfer Please note all telegraphic transfer fees are to be borne by the sponsoring organization. 4. Approving Manager To process your registration we require the name and signature of a manager who is authorized by your organization to approve training expenditure. Name:... Job Title:... Organization name: Tel:... Authorizing signature... (mandatory) Yes, I have read and understood the booking and cancellation policy below. 5. Send us your registration! By training@malaysianislamicfi nance.com By fax: You may also book online at Please call us on: or if you require assistance. Our address is: REDmoney, 21/F, Menara Park, 12 Jalan Yap Kwan Seng, Kuala Lumpur, 50450, Malaysia Booking and Cancellation Policy important, please read carefully By completing and sending us this registration form you are confirming delegate places on the course. If delegates cannot attend the course replacement participants are always welcome. Otherwise delegates must request in writing (letter, fax or ) to cancel registration/s or transfer to a different course at least 21 days before the course start date to be eligible for a refund, less a 5% administration fee. Delegates who cancel within 21 days of the course start date, or who do not attend, are liable to pay the full course fee and no refunds will be given. Instead fees will be converted to an REDmoney course 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 course is postponed for whatever reason delegate bookings will be automatically transferred to the new course date. Delegates who wish to transfer to a different course will be subject to the same terms as above and charged the difference in course fees. No refunds or course vouchers will be issued for a no-show. REDmoney reserves the right to amend the published program, dates or speaker. In the event of course cancellation by due to unforeseen circumstances, REDmoney is liable only to refund the cost of the course. Course Venue: Details & the venue will be sent to you upon registration. MIFT 11800

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