Adapting The Principles Of Islamic Finance To Securitization Finance Essay

Securitization by and large refers to the sale of assets, which generate hard currency flows, from the establishment that owns them, to another company that has been specifically set up for the intent, and the issue of notes by this 2nd company. These notes are backed by the hard currency flows from the original assets.

The establishment is called conceiver which issues the the same and have the assets backed by it. Another party to it is Particular Purpose Vehicle which purchases the assets and that generate hard currency flows. The particular purpose vehicle will keep the assets that are sold by conceiver to SPV as collateral which are subsequently sold to investors.

Structure of Securitization:

The receiving system of high net worth receivables sell them to specially formed company named Special Purpose Vehicle and it sells the same to other investors as sale manner dealing against the collateral of receivables.

The SPV provides the security to investors in the procedure by publishing particular note or bond or adoption from bank as security to investor.

The SPV pays the serving fee to it and authorizes the conceiver to roll up financess on behalf of particular intent entity which is used to pay the principal and cost of it for the funded loan. The returns are latter invested to gain return.

The SPV is non the subsdiary of origniatory therefore it is non the company whose portions are held by conceiver but the charitable legal guardian or any other than conceiver.

To guarantee the recieavles will be sufficient to refund the sum owed to investors on clip, other arranegments are made to guarantee sufficient liquidness in the procedure like Credit Enhancement or warrant by 3rd party or subordinated loan

Rating bureau frequently rates the note receivables or the process.The higher the evaluation, the higher would be financess gettable.

The SPV that generates the income through extra money earned through recieavles to originator to gain net income. SPV pays the same to originator as the fees

Below is a figure which absolutely complements our sum-up:

The conceiver is really of import component of this procedure because it can be existent individual or legal one which fundamentally initiates the procedure by screening out the assets which are to be securitized against the same.

Motivations for Securitization:

Advantages to issuer

Funding cost: Depending upon the evaluation of the fund, cost of fund is charged at low. For Instance a hard currency flow is rated AA and 2nd one is rated BB, the 1 with AA ratting will be charged lower than the latter one.

ReducesA asset-liability mismatch: From the fiscal support exposure point of position, securization offers great chance to elimate the issue of continuance and pricing concerns at large.Securization offers high cost rescuer to issuer. For case Bankss can use it expeditiously because they have a big sums of recievales and collaterials as securities therefore they can publish securities backed by these assets and allow them to be self funded plus book.

LowerA capitalA demands: There are really stiff demands of the regulative and legal pertaining to leverage capitalisation. The recieavles and assets under securization will see gaining assets and therefore taking from balance sheets for accounting intent.

Net income: Given the fact that the specific concern block for whose net income is non certain or non yet emerged so the assets of those can be securitized and immediate hard currency flow can be realized and therefore locked in net income for this block consequences.

Transportation of hazard: A Securitization procedure makes it easy to reassign the recognition, liquidness & A ; reinvestment easy to reassign to those who accept it on status to have net income.

Off balance sheet: Securitization as implied by derivates which are referred as off balance sheet points which classifiy the same as zero sum impact on balance sheet. There is general demand internationally that records the derived functions at just value in the fiscal statements i.e Balance sheet.

Net incomes: Securitization makes the oringinator capable to resile back without add-on to the house whereas the true sale takes topographic point between the orginiatory and particular intent entity.It is to foreground that the net incomes of the SPV increase the wealth with parent company.

Admissibility of bad debt:

Future hard currency flows may non ensue in perfect recovery because there is besides some bad debt in the receivables. Securitization therefore makes it possible to acquire the instantly hard currency against those excessively in progress.

Liquid: Securitization merely provides you the future hard currency flow now therefore increasing the liquidness with the company.Thus it will be available with the company to pass and do investing from the same sum thereby increasing the reinvestment return

Disadvantages to issuer

May cut down portfolio quality: If the AAA hazards, for illustration, are being securitized out, this would go forth a materially worse quality of residuary hazard.

Costss: There are costs involved in the securization procedure raning from legal fees, system fingerstall, evaluation cost, subventioning fees and administrative cost.

Size restrictions: It involves immense sum of financess to construction the same to be efficient if otherwise the financess are less so the procedure with lesser financess.

Hazards: It is structured dealing therefore it is vulnerable to put on the line such as prepayment, recognition loss and reinvestment

Advantages to investors

A opportunity to gain higher rate of return

It normally involves high quality assets back because there are really stiff demands for securitization procedure, such as achieving high evaluations, keeping liquidness and diversified portfolio.

PortfolioA variegation: It is deserving narrating here that big institutional investors and corporate investors tend to put in the securitized financess because returns from their this investing is non related to their equity or bond side investing due to un-correlation between the investing portfolio in the market.

Isolation of recognition hazard from the parent entity: Securitization procedure desegregate the parent and SPV evaluation. Regardless the company ‘s evaluation ; SPV may be issued separate evaluation. Suppose the bank ‘s evaluation is non good but the portfolio of borrower of bank is of high quality therefore there are less opportunities of default of the same and investors in securitized plus are more willing to hold them in their portfolio.

Hazards to investors

Liquid hazard ( Credit/default )

Defualt hazard meant inability of borrower to refund the principal and involvement payment on due period of clip. An index of security ‘s high hazard is its recognition evaluation or recognition worthiness. High hazardous portfolio of borrowers receives lower ratting so those of 1s with less hazardous portfolio.

Prepayment/reinvestment/early amortisation: The securitized assets are ever prone to early amortisation and reinvestment hazard. These hazards arises out of immense payouts of the borrowers therefore doing premature confession of liability and impacting the rate of return. This besides affects the spread between the spread that bank wages and collects from borrowers and investors severally.

Contractual understandings: It is by and large perceived that the director who deals with investors and cite the rate which is entirely dependent upon the public presentation of the implicit in plus. Now inquiry arises if the underlying assets become hazardous from the investors perspective i.e default ratio or high bad debt ratio so the monetary value of portfolio.

Types of Securitization Instruments

Pass Through Securities: Platinum is besides called Engagement Certificate because it bears ownership of the investors in the implicit in plus. The sum received on history of the period payments including chief and involvement payment which is collected by SPV and is passed on to the investors.

Tranched Securities: In this type of security, the sum received as hard currency flows in tranches and the same is received as first precedence with subsequent payments in latter tranches.

Planned Amortization ( PAC ) Tranches: It is a type of security in which droping fund is created which controls the prepayments that are beyond the bound therefore ensures the stableness of hard currency flows. This offers lower outputs while comparing them with those without droping fund.

Z-Tranches or Accretion Chemical bonds: In this type of security, involvement payment is non paid in the period in which accumulated involvement is higher in lock out period. Once the period is over, it starts paying out the involvement payments and principal.

Principal Only ( PO ) Securities: These type of securities are issued on price reduction such as T-Bills. Thereof investors receive their principal in installments. The bonds are issued at immense price reduction rate and therefore staying sum is paid till the differential payment is made till the face value.

Interest Merely ( IO ) Securities: These type of securities have no any specific face value therefore they offer merely involvement constituents to the investors while hard currency flows diminishes and is repaid.

Floater and Inverse Floater Securities: They are securities which pay involvement payments which is dependent upon the public presentation of any index or benchmark i.e Kibor. Floater and Inverse musca volitans are two opposite type of securities. In Floater, the involvement payment moves in precisely the same way as benchmark rate moves and opposite is true for Inverse Floater securities.

Types of Securitization Structures

There are several types of Securitization constructions: type of securitization constructions include:

Cash V. Man-made Structures: Cash construction is the universe ‘s most followed construction in this field of specialisation. In hard currency Structure, conceiver sell its assets in exchange of hard currency instantly. In Man-made construction, the conceiver keeps the rubric with itself and investing is unaffected on the assets. In simple words, he does non set their assets on sale instead the risk/reward is simply transferred being derivative dealing.

True sale and Secured Loan Structure: In true sale construction, originator sale the assets in true sprit which involve transportation of rubric and legal involvement in the assets. In SLS, issuer takes the secured loaning as loan. Fixed and natation charges are issued to investors to protect their interest and rights over the project of issuer and legal guardian is empowered to take the ownership of assets.

Pass Through V. Collateral Structure: The SPV issues engagement certifications to investors that represent the direct engagement of them therefore they are exposed to public presentation of assets. Investors receive return when there is any hard currency coevals from those assets and so is true for hazard involved in these assets.To mitigate the hazard of delay payment recognition sweetening is opted.

Pay through/Collateralized mortagge duty ( CMO ) is another name of indirect construction in which SPV keeps the assets with it whereas charge is given to investors merely non the assets. The particular purpose entity issues the debt against those assets which are transferred by issuer.

Discreet Trust vs. Master Trust: It is a type of construction in which Special intent vehicle identifies a specificil pool of assets for investors to participates and thereby earn from hard currency flow pool therefore it is called discreet. While Master trust is creative activity of larger fund backed by many pools which are transferred for several investors in which financess raised are non greater than the assets transferred this besides covers the repayemtn structural and tenure issue to reciprocate.

Conduit vs. Standalone Minutess:

In this type of construction the buyer or conceiver collects the assets from different orignators and maintaining them backed to debt he issues commericial paper. It is for short term continuance and therefore it requires short term financing frm the Bankss. In base entirely strucute, the conduit beginnings the assets from individual conceiver therefore securities are issued maintaining in position the adulthood of plus pool.

ISLAMIC SECURITIZATION

Muslim securitization can outdo be defined as procedure which satisfy the conventional plus backed securitization and parallel attachment to Islamic Torahs of economic finance.The rights of hard currency flows are transferred to SPV from conceiver thereby publish notes to investors as sold.

In this system, SPV becomes the trust and therefore holds the assets in capacity of fund director. The security issued through Islamic securitization is called Sukuk in official footings which is issued by SPV and the income is derived from the financess being received against the financess hold as implicit in plus.

Islamic finance encourages covering in assets non the hard currency as trade good, therefore it is allowable under Islamic finance to securitize the assets provided they adhere to the guidelines of Islamic Finance.

The subject is that Islamic securitization can retroflex the procedure of conventional securitization with joint supervising of Shariha and Fund manager.If any thing which is non in conformity to Islamic jurisprudence so irrespective if the procedure is crystal clear, the securitization stands void and nothingness in the eyes of Shariha. For illustration, if implicit in assets are recognition cards and conventional mortgages and income from them will be shared with investors shortly shall it realized, the procedure is null as recognition cards income do non follow with Shariha because it has involvement bearing instruments attached with it.

If investors are puting in assets so the ownership of the same be transferred to them excessively if it has to follow with Shariha guidelines.It must be noted that transportation of rubric to assets is non necessary or compulsory but the rights to roll up them, entree them and right to cognize them is given to investors that justifies the shariha regulations. Investors are supposed to bear hazard of loss and net income to implicit in plus as they are enterning into ownership contract.

Adapting the Principles of Islamic Finance to Securitization

Islamic securitization requires two phase evaluation.Firstly Shariha conformity of assets/portfolio and returns from the same, secondly the construction of dealing which includes recognition sweetening and liquidness direction.

The first standing rule is simple Islamic securitization in no manner accepts the income that involves involvement bearing. It has to be structured in such a manner that the investors are exposed to some kind of concern hazard in relation to their portion in investing. Therefore it is made compulsory for the investors that the return must be commensurate to the hazard they bear.

Islam disallow debt trading, direction of prepayment hazard and other conventional tools which can do clients who are income only-centered non to put with them. Shariha requires procedural and nonsubjective rating of securitization procedure to transport on procedure and prohibits elements of gharar, involvement, haram and encourages existent economic engagement with common hazard sharing, net income sharing and benefit of full society.

Securitiziation has to adhere to following princples of Islam to be shariha compliant:

The intent of raising financess through securitization must be echt as non to victimize the investors. And the assets which are under lying in the procedure must be clearly identifiable and gross from them must be dissociable from those which are non under umbrella of securitization. The assets under consideration must non be consumable.

Each investor must receiver their portion commensurate to their portion of investing and hazard exposure in the assets. Therefore if assets earn net income, that is sharable other wise you can non repair the rate of return on their investing.

The security must non be backed bu the debt or prohibited activity as prohibited by Shariha. It must non be involved in any sort of haram, unethical or development of natural resources with or without non-productive investing

The dealing must affect the hazard factor and non merely the mere return. It must affect compensation for the investor and exposure to put on the line in the assets under securitization.It must non keep debt as underling security and mere exchange of money and involvement on that. It means dealing must non be mere debt and hazard free exchange of return.

Investors must keep unbarred payment duty and that be unconditioned investing. The principal can non be guaranteed that the same will be redeemed in full or in portion.

Investors must be given manus in the ownership of implicit in assets

The returns from investors can non be invested in hard currency based instruments or involvement bearing notes. Without any exclusion, even the return from that can non be reinvested in any short term hard currency based instruments or involvement based debts ( bonds ) .

The turnover must be kept low to avoid any un-utilization of assets.Speculation of implicit in assets and payment duty is to be prohibited without any exclusion.

Islamic takaful should be sought alternatively of conventional insurance for the recognition enhancemenet and liquidness direction.

There must be Transfer of ownership and direct engagement in the assets

Exclusive linkage between the hard currency flows and implicit in plus has to be developed.

Muslim bookmans are of position that recognition sweetening be allowed on status that does non alter the over all construction of securitization procedure.

In conventional securitization there is tranche subordination which is non allowed in Islamic jurisprudence but there is option in Islamic Law the lease-buyback ( Ijaraha ) dealing. The issuer gives partial ownership rights of underlying assets to investors with regard to put on the line exposure of their investing in the portfolio thereby renting back the same in exchange for fixed rental payments which is conditional on buy backing the portfolio at already specified monetary value on future day of the month. This covers the reinvestment hazard of the portfolio.

Islamic finance ruled out that involvement bear funding instruments are allowed on the footing of partnership non on involvement bassis. The point is to rebut the construct of involvement in all the ways.

It is creative activity of sukuk which shows grounds of ownership on assets i.e touchable and intangilble, fixed or go arounding what of all time they be but must be productive hard currency flows within finite period of clip.

Structure of Islamic Securitization

There are following parties involved in the Islamic securitization dealing procedure.

The Originator: It is the issuer of sukuk and is authorized to utilize the financess against merchandising of assets to SPV. It may depute any other institutuons to transport on the issue as under author.

SPV: It is referred as Issuer of the securitization issue. It is entitity established to pull off issue and purchases the assets from conceiver from the financess thereby publishing sukuk.

Investing Bankss: They are agents and investment bankers of the sukuk. They manage to raise financess on committee merely base.

Subscribers of Sukuk: They can be like any thing for case Bankss, non fiscal establishments who fundamentally invests in the sukuk.

In its basic construct, conceivers would sell bing or future grosss from rental

receivables ( asset-based ) , “ sale-back net income ” ( debt-based ) or private equity from a portfolio of

Islamically acceptable assets to a particular intent vehicle ( SPV ) ,30 which refinances itself by

publishing unbarred securities to market investors, who are the “ capital market corollary ” to a

remarkable loaner in Islamic finance ( see Figure 3 ) . They assume the function of a “ corporate

moneyman ” whose entrepreneurial investing does non affect guaranteed, interest-based

net incomes.

If we look at the construction of both conventional and Muslim securitization there it can be depicted there exists no any difference from structural point of position affecting parties to it. Originator sells the assets ( bing or future ) from a portfolio of Islamically aacceptable assets to SPV, which so refinance itself by publishing securities to investors that are unbarred by nature. The returns are so passed on to originator. Like in Ijara sukuk, SPV raises financess to buy the assets and the same must be equal to buy monetary value. Investors have equity involvement in the SPV in Ijaraha sukuk construction in other words they have direct ownership in the assets. The SPV thereafter leases back to conceiver. SPV must fit the payments with its duty under Ijarah sukuk and it receives lease payments from marketer. Upon adulthood, particular purpose entitity redeems the assets to originator and liabilities are deducted at beginning because they are owned by SPV.If any part of income earned is categorized as haram or unethical so the same be given in charity without any expostulation to it.

Figure Process of Islamic securitization:

Following figure depicts the procedure of Islamic securitization based on Ijaraha:

Islamic securitization will outdo be categorized as monetisation of assets underlying in the securitization procedure where as conventional counter parts best be defined as mere sale of debts. The procedure of publishing sukuk is sort of sale of portion in assets. Islamic alternate offers about the same benefits as conventional 1s have to offer for case enhanced plus liability direction, term construction transmutation, better direction and control over assets.