The Islamic finance industry faces the same fundamental challenges and risks as that of conventional finance, including whether or not clients can fulfill 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
Day One: 9:00 am – 5:00 pm
Objectives of Shariah - a Concise Review
This essential session provides a refresher of key Islamic finance and Shariah principles and how they dovetail with commerce, banking and finance.
Application & Product Features of Shariah Contracts
In this session we shall examine key product structures and how they fit into the Islamic finance system. At the same time we shall be considering where crucial risks and potential problem areas may lie.
Modus Operandi via Case Study Analysis
Documentation for Business Financing Products
This session will analyze documentation issues with regard to specific business financing structures. Again, we shall be looking for potential flashpoints and where problems may occur in the case of default.
Legal Documentation for Islamic Financing Facilities
This session will help delegates understand the legal framework governing Islamic banking, as well as the key differences between how an Islamic bank may act as compared to an Islamic bank.
Day Two: 9:00 am – 5:00 pm
Types of Legal Documentation
What are the key documents that bankers need to be familiar with? Effective structuring and legal drafting early on can avoid significant problems in the case of default.
Common Mistakes & Issues in Legal Documentation
Rescheduling & Restructuring of Islamic Financing
Debt Recovery Procedures
Understand the tools and courses of action available to an Islamic bank and how the case of default under Islamic finance differs significantly to conventional finance. What can an Islamic bank do and what steps can practically be taken from a legal perspective
Mediation, Arbitration and Dispute Resolution Options for Islamic Financial Products
(4.00pm-5.00pm, Guest Presentation – 60 minutes)
For more information and register, please click Here.