概览
我们参与的遵循沙里亚原则的金融交易范围广泛，包括房地产融资、结构性融资及衍生品、重组以及资本市场交易。我们就符合沙里亚的房地产杠杆投资基金结构的发展提供法律意见，包括开发伊吉拉（Ijara，即租赁）租赁结构的替代方案作为某拟议伊斯兰基金的投资基础。我们还向多个劳合社（Lloyd's）保险商及公司市场保险商就符合沙里亚的保险及再保险（takaful 与retakaful）安排提供法律意见。
执业经验
- We acted as international counsel to The Hong Kong Mortgage Corporation and Cagamas Berhad (the national mortgage corporations of Hong Kong and Malaysia respectively) in preparing master program documentation for the Malaysian joint venture that they established to provide residential mortgage guarantees to Malaysian mortgage lenders. The program offers two types of products initially - a conventional guarantee in the form of a bespoke credit default swap based on ISDA documentation and an Islamic guarantee in the form of a Kafalah/Wakalah structure.
- We have drafted Sale and Purchase Agreements and Repurchase Agreements to satisfy the specific requirements of banks' Shari’ah advisory committees. These include drafting a Master Islamic Repurchase Agreement, which was structured flexibly for use with different forms of repurchase agreements, allowing our client to offer a comprehensive Islamic service without having to create specialized documents for each type of transaction while simultaneously allowing flexibility for our client's customers in the type of transactions they entered into.
- We have advised on loans to various Islamic investment houses to fund the acquisition, using Shari'ah-compliant structures, of real estate investment assets. Shari’ah-compliant structures on which we have advised include sale and leaseback transactions and debt financing.
- We have advised on Shari’ah-compliant structures for multiple joint ventures created to invest in real estate such as an industrial property joint venture with a fund sponsored by Boubyan Bank, a Kuwait-based Islamic bank.
