Islamic Finance : Structure and Instruments Ankara, Turkey 26-30 September 2011 Overview of the Malaysian Islamic Capital Market Mohd Radzuan Ahmad Tajuddin Islamic Capital Market Business Group 29 September 2011 1 Islamic finance in Malaysia - background • The evolution of Islamic finance began with the setting up of the Pilgrims Fund Board - savings mechanism under which funds for performing the Hajj were set aside to cover the costs of performing the annual pilgrimage • Government and regulatory bodies recognized the need to develop Islamic finance in order to create a financial niche for Malaysia • The evolution of Islamic finance in Malaysia : 1969 : Establishment of Pilgrim Fund Board 1983 : Islamic Banking Act enacted and the establishment of first Islamic bank 1984 : Takaful Act enacted and the establishment of first takaful company (Islamic insurance) 1993 : Securities Commission Act enacted providing SC with mandate to develop capital market 2007 : Capital Market and Services Act Fundamental for Islamic Finance development Islamic finance activities in Malaysia….. Islamic Banking Takaful/Re-takaful Islamic Capital Market • Islamic Banking Act 1983 • Takaful Act 1984 • Securities Commission Act 1993 • Capital Markets and Services Act 2007 3 Capital Market Institutional Framework in Malaysia • Established on 1 March 1993 under the Securities Commission Act 1993 • Regulate and promote the development of the capital market • Reports to the Minister of Finance • Capital Markets and Services Act 2007 4 Securities Commission Malaysia as the Main Regulator for the Capital Market Licensing and supervising all licensed persons Regulating all matters relating to fund management activities Supervising exchanges, clearing houses and central depositories Regulating all matters relating to securities and futures contracts Development of the capital market Regulating the take-overs and mergers of companies 5 The Islamic Capital Market (ICM) in Malaysia has Evolved.......... • Has evolved into an efficient conduit for mobilisation of funds for Malaysian and foreign corporates long term fund raising and investment; enhances depth & resilience of Malaysian Islamic financial system and overall financial system 68% of outstanding corporate bonds are structured using Shariah principles –information as of H1 2011 89% of companies on the stock exchange are Shariah compliant • Malaysian ICM products are accepted by both Islamic and non-Islamic local investors as well as investors across various jurisdictions Conventional investors regard ICM products as a new asset class Emergence of new demand from the Middle East, South-East Asia, South Asia and North Africa 6 ……..and Continues to Spearhead Further Development • Malaysia is regarded as a center for Islamic finance − About two thirds of sukuk globally originates from Malaysia − Islamic unit trust is the fastest growing segment of the Islamic capital market − Leading international fund management companies establishing operations in Malaysia • Issuance of sukuk is not confined to Islamic institutions − Multilateral institutions such as World Bank and IFC have issued sukuk − Non-Islamic institutions have issued sukuk − Non-Muslim majority countries have shown interest to issue sukuk • Local and foreign financial institutions are now actively intermediating and structuring ICM products − − − − Sukuk Islamic structured products Islamic exchange traded funds Islamic real estate investment trusts 7 ICM is a Key Component of the Malaysian Capital Market*……….. Equity: RM1,312.4 billion Bonds: RM813.1 billion RM2,125.5 billion Total Capital Market RM2,125.5 billion ICM RM1,151.8 billion 54% Equity: RM836.2 billion Sukuk: RM315.6 Billion # RM1,151.8 billion * As at 30 June 2011 # Include sovereign & corporate sukuk .....and Completes the Creation of Comprehensive Islamic Financial Services Sector … • • To effectively play its role as an efficient conduit Islamic Banking Contributes to the overall stability of Islamic financial services sector : Islamic banking to mobilise deposits and provide financing Takaful to provide mutual protection Islamic capital market to provide long term fund raising and investment and enhance depth & liquidity of Islamic financial system Takaful Islamic capital market 9 Achieved through Holistic and Phased Approach Launched in 2001, the Capital Market Masterplan (CMP) provides a blueprint for long-term strategic development of the Malaysian capital market with 152 recommendations covering 11 areas : • • • • • • Equity market Bond market Derivatives market Stockbroking industry Market institutions Investment management PHASE 1 • Strengthen domestic capacity and develop strategic and nascent sectors 2001 2003 • • • • • Regulatory framework Corporate governance Islamic capital market Technology & e-commerce Training & education PHASE 2 • Further strengthen key sectors and gradually liberalise market access 2004 2005 PHASE 3 • Further strengthening of market processes and infrastructure and enhancing international positioning in areas of comparative advantage 2006 2010 • More than 90% of plans implemented • Commitment to phased liberalisation • 13 specific recommendations for Islamic capital market – positioning Malaysia as an international ICM centre 10 Growth with Governance “... describes the challenge for our capital market to expand its role in invigorating national economic growth while addressing concerns about the efficacy of markets in the aftermath of the global financial crisis.” CMP2: From foundation-building to transforming competitive dynamics Equity market Bond market RM1,275 bil RM759 bil RM444 bil RM1,050 bil RM294 bil Source: SC RM377 bil RM273 bil Islamic Capital Market 2000 Investment management 2010 RM55 bil Derivatives market Different challenges in CMP2 Capital market exceeds RM2 trillion - Economies of scale Core segments are regional leaders - Connectivity - New opportunities Large institutional funds RM512 bil RM84 bil - Efficient intermediation - Diversity Liberalised participation - Further internationalisation - Hub opportunities CMP2: Maximise growth opportunities Size of Malaysian capital market • Internationalise to expand scale RM trillion - Foreign listings and issuances 6.0 - Expansion into international markets 5.0 • Create hub opportunities Potential upside RM5.8 trillion - Middle and back office - Education and training 4.0 Baseline RM4.5 trillion 3.0 • Widen ICM’s international base - Expand service infrastructure - Value-add Islamic fund management 2.0 2010 Source: SC 2012 2014 2016 2018 2020 13 Thrust of CMP2 for ICM: Internationalisation of ICM Expand growth boundaries by tapping global opportunities to grow scale and to capitalise on hub opportunities Expand international intermediation capabilities Strengthen Malaysia’s positioning in the global exchange landscape Strengthen connectivity of clearing and settlement infrastructure and reduce friction costs Pursue cross-border regulatory arrangements to facilitate the expansion of domestic intermediaries abroad Identify hub opportunities in middle and back-office functions Widen Islamic capital market’s international base Build scale in the Shariah-compliant equity, sukuk and investment management segments Strengthen service and operational infrastructure to expand ICM’s international reach Promote shift from Shariah-compliant to Shariah-based approach Collaborate with industry to expand range of Shariah-compliant stockbroking and portfolio products and services Develop seeding strategy to increase diversification of value-add Islamic investment strategies and styles Increase international collaboration on Shariah research and product development Develop a code of conduct for Shariah advisers Strengthen training and professional development to increase supply of Shariah experts 14 What is ICM? ICM refers to a market where the capital market transactions, operations and activities are carried out in ways that conform with Shariah principles and requirements. What does this mean? prohibition of payment or receipt of riba (interest) prohibition of underlying contract with elements of gharar (ambiguity) prohibition of maisir (gambling) activities prohibition of the production and sale of goods and services that are prohibited in Islam 15 Fundamental Aspects of ICM Islamic contracts are the underlying principles for all ICM products and services Contract of exchange Bai bithaman ajil Murabahah Istisna’ Ijarah Salam Contract of participation Musharakah Mudharabah Contract of agency Wakalah 16 A Sound Shariah Framework is Fundamental for ICM Development • Main thrust of Islamic capital market is compliance with Shariah principles (Islamic jurisprudence) • National level Shariah Advisory Council (SAC) established under the Capital Markets and Services Act 2007 − Confirms the role of SAC as the highest authority for the ascertainment of Shariah principles in Islamic capital market business or transaction − Provides clarity and consistency with regard to Shariah matters • SAC works closely with industry to facilitate new products/concepts • SAC’s resolutions are published for the benefit of issuers, investors and market players 17 The SAC Contributes Significantly to the Development of ICM Facilitates development and regulation of new products Provides greater clarity and enhances market confidence and integrity through dissemination of Shariah rulings Regular interaction with industry and other Shariah experts provide useful feedback for decision-making Participation at international conferences and dialogues enhances awareness and understanding of Malaysia’s Islamic capital market “The SAC has been instrumental in the development of innovative Islamic products and services and played a key role in transforming a niche growth sector into a core component of the Malaysian capital market. This is possibly the single most important catalyst for the rapid growth of the Islamic capital market in Malaysia.” 18 18 Malaysian ICM Offers Comprehensive Array of Shariah Compliant Products and Services Products Services • • • • • • • Shariah-compliant stocks Islamic unit trusts Islamic REITs Sukuk Islamic ETFs Islamic Structured Products Islamic Venture Capital/Private Equity • • • • Islamic stockbroking Islamic fund management Islamic equity indices Commodity trading platform To facilitate IFIs liquidity management under tawarruq arrangement Future development! Islamic alternative fund Islamic gold ETF Shariah-compliant derivative Future development! Islamic Stock Selling and Buying (ISSB) platform • Corporate finance and advisory 19 Shariah-Compliant Securities What are Shariah-compliant securities Securities (stocks/shares) of a company listed on the exchange (Bursa Malaysia) which are classified as Shariah permissible for investment Primary business and investment activities that generate income for the company must conform to Shariah principles 20 Guiding Principles for Shariah-Compliant Securities Classified as Shariah-compliant if the company is not significantly involved in the following activities: Financial services based on riba (interest) Gambling Manufacture or sale of non-halal products/services Conventional insurance Entertainment Manufacture or sale of tobacco-based products or related products Conventional stockbroking or share trading Other activities deemed non-permissible Other criteria: Interest income from conventional fixed deposits/interest bearing instruments Dividend received from investment in other Shariah non-compliant securities 21 Guiding Principles for Shariah-Compliant Securities for Mixed Companies Classical scholars discussed as to what extent Shariah non-compliant activities are allowed Must be minimum and at tolerable level – specific benchmarks are established 22 Specific Benchmarks are Established 5% benchmark to assess the level of mixed contributions from the activities that are clearly prohibited such as riba (interest-based companies like conventional banks), gambling, sale of non-halal products/services 10% benchmark to assess the level of mixed contributions from the activities that involve the element of ‘umum balwa’ which is prohibited element affecting most people and difficult to avoid e.g. interest income from fixed deposits in conventional banks 20% benchmark to assess the level of contributions of mixed rentals from Shariah non-compliant activities 25% benchmark to assess the level of mixed contributions from the activities that generally permissible according to Shariah and have an element of maslahah to the public, but there are other elements that may effect the Shariah status of these activities e.g. hotel and resort operations, share trading, stockbroking, as these activities may also involve other activities that are deemed non-permissible to the Shariah 23 A Vibrant Shariah-Compliant Securities…… May-2011 Shariah compliant 847 securities* % to total listed securities 89% Market capitalisation (August 2011) Shariah-compliant Total market % of Shariah-compliant securities to total market RM764.1 bn RM1,241.9 bn 61.5% Shariah compliant securities constitute 89% of all stocks listed on Bursa Malaysia The SC has issued a list of Shariah compliant securities since 1997 and the list is updated twice a year (May and November) The introduction of Shariah equity indices on Bursa Malaysia: FBM Emas Shariah; FBM Hijrah Shariah; and DJIM Malaysia Titan 25 Year Market capitalisation of Shariah-compliant securities % to total (RM’billion) market 2000 247.49 54.74 2001 285.50 59.23 2002 290.42 57.55 2003 391.12 57.70 2004 457.32 59.93 2005 439.77 63.25 2006 548.42 64.62 2007 705.05 63.74 2008 426.4 64.20 2009 637.9 63.80 2010 756.1 59.28 *The SAC updates the list twice yearly i.e. end may and end November 24 .....Acts as Catalyst for Other ICM Products and Services It sets the foundation for Islamic equity investment Prior to the issuance of Shariah List : – Participation by Muslim investors – minimal – Insufficient or no clear guidance on the stocks that can be traded (Shariah) - Listed companies are involved in various activities (halal and haram) – The scenario had left Muslim behind in equities or shares investment – Lost opportunity (in the early 1990s) when there was significant increase in the number of companies listed on the stock exchange 25 Islamic Fund Management Companies • Islamic fund management companies are allowed have 100% foreign ownership • Islamic funds are permitted to invest 100% of assets abroad • 10-year stamp duty exemption and tax incentives on wide range of Islamic investment instruments • Income tax exemption on all Islamic fund management activity fees until 2016 • One-stop center at the Securities Commission (SC) for all fund management queries • To-date, 16 IFMCs – 9 foreign-owned, 4 locally-owned and 3 on a joint venture basis 26 Islamic Fund Management Companies (cont’d) Year 2008 2009 2010 2011 No. Licensed IFMCs 1. Asian Islamic Investment Management Sdn Bhd 2. CIMB-Principal Asset Management Berhad 3. KFH Asset Management Sdn Bhd* 4. Aberdeen Islamic Fund Management Sdn Bhd* 5. AmIslamic Funds Management Sdn Bhd 6. BNP Paribas Islamic Asset Mgt Malaysia Sdn Bhd* 7. i-VCAP Management Sdn Bhd 8. Nomura Islamic Asset Management Sdn Bhd* 9. Reliance Asset Management Sdn Bhd* 10. Prudential Al-Wara’ Asset Management Berhad* 11. Amundi Malaysia Sdn Bhd* 12. Franklin Templeton GSC Asset Management* 13. Saturna Sdn Bhd* 14. OSK-UOB Islamic Fund Management Bhd 15. Muamalat Invest Sdn Bhd 16. RHB Islamic Asset Management Sdn. Bhd * Foreignowned IFMCs 27 Islamic Unit Trusts 700 300 Number of funds 500 340 291 200 100 584 416 400 300 565 521 71 83 100 134 149 155 150 160 0 249.6 Size of funds-NAV (RM bln) 579 600 595 250 226.81 191.71 200 169.4 150 100 134.4 121.8 87.4 98.5 50 6.8 8.5 9.2 2004 2005 2006 16.9 17.2 22.08 24.04 26.2 0 2004 2005 2006 2007 Islamic funds 2008 2009 2010 Jun-11 Total funds Number of approved funds Islamic funds Dec-2010 Jun-2011 Islamic unit trusts 155 160 Total industry 584 595 Net asset value (NAV) of approved funds Islamic unit trusts RM24.04bn RM 26.18 bn Total industry RM226.81bn RM 249.61bn % to total industry Dec-2010 10.6% Jun-2011 10.5% 2007 2008 2009 2010 Jun-11 Total funds • Fastest growing segment of the Islamic capital market – CAGR of 25% over past 5 years • High growth from a small base and building critical mass • Largest number of Islamic unit trusts in the world • Mutual recognition arrangements with Dubai and Hong Kong 28 Islamic Real Estate Investment Trusts (I-REITs) Number of Listed REITs Islamic REIT Dec-2010 3 Jun-2011 3 Total REITs Market capitalisation (RM million) Islamic REIT Total REITs 12 Dec-2010 2,360.0 10,580.0 14 Jun-2011 2,600.00 11,800.00 22.3% 22.0% % to total REITs • Malaysia has an established framework on shariah-compliant REIT and is first to issue Guidelines for Islamic REIT in 2005 • Malaysia is first in the world to have a Shariah-compliant REIT listed on the stock exchange • Currently, Malaysia has 3 Shariah-compliant REITs listed on its stock exchange – hospital REIT (Al-’Aqar KPJ REIT)-the first Islamic REIT in the world – plantation REIT (Al-Hadharah Boustead REIT); and – commercial building REIT (Axis REIT) 29 Islamic Exchange Traded Fund (ETF) Number of approved ETF Dec-2010 Jun-2011 Islamic ETF 1 1 Total ETF industry 5 5 Dec-2010 Jun-2011 RM613.0 mln RM579.0 mln RM 1,223.0 mln RM 1,194.0 mln 50.1% 49.0% Net asset value of approved funds Islamic ETF Total ETF industry % to total ETF industry • Essentially a unit trust fund that is listed and traded on an exchange. Performance objective is to closely track performance of underlying benchmark or index • Malaysia launched the Asia’s first Shariah compliant ETF in January 2008 • The fund, known as MyETF Dow Jones Islamic Market Malaysia Titan 25 (MyETFDJIM25) . Has an initial authorized fund size of 10 billion units, representing a basket of securities designed to track the performance of the Benchmark Index namely the Dow Jones Islamic Market Malaysia Titan 25 (DJIM25) • The DJIM25 is made up of 25 Shariah-compliant securities of companies listed on Bursa Malaysia 30 Malaysia has a well established sukuk market Corporate Sukuk approved Number of sukuk Size of sukuk Size of total bonds approved % of size of sukuk to total bonds approved Corporate Sukuk Issued Size of sukuk issued % of sukuk issued to total bonds issued Corporate Sukuk Outstanding Size of outstanding sukuk % of outstanding sukuk to total outstanding corporate bonds 2009 2010 Jun-2011 11 21 19 RM33.96bn RM40.33bn RM32.0bn RM57.50bn RM63.58bn RM47.9bn 59.1% 63.0% 68.0% 2009 2010 Jun-2011 RM32.30bn RM30.24bn RM24.6bn 52% 57% 72.0% 2009 2010 Jun-2011 RM172 bn RM181bn RM196bn 57% 57% 58% • • • • In 2011, 72% of total corporate bond issued were sukuk Amount of corporate sukuk issued in 2011: RM24.6 bn 58% of outstanding corporate bond in Malaysia are sukuk 64% of total sukuk outstanding globally are from Malaysia -IFIS 31 Internationalisation of ICM Malaysia is committed to working closely with other centres to create international linkages and broaden markets for ICM products and services, creating opportunities and stimulate cross border investment flows. So far, SC has signed MRAs and MoUs with : MRA with DFSA - both corporations will work closely to distribute Prudential-managed Shariah funds in Malaysia and the Dubai MRA with HKSFC - to facilitate greater cross-border marketing and distribution of Islamic funds Bilateral MoU with Luxembourg on information exchange Letters of Exchange with CBRC and MoU with CSRS of China – Malaysia recognised as an approved investment destination SC has also established International Advisory Council to provide strategic guidance and international perspectives. 32 Thank You 33