Islamic Investment Business islamica Magazine By Mohammed Khnifer Shocking 21 defaulted sukuk cases in the last 20 months! The default storm gets intensify, hitting the sukuk issuance which assets were not only based on real estate but also transportation, oil and even tuna! 24 www.islamica-me.com I remember June 21 from last year vividly. It was the day when I initiated a series of research works on the so-called defaulted sukuk. Al-Eqtisadiah, Saudi financial newspaper, was one of the first worldwide publications who provided the readers with an in-depth analysis on the issue. I remember some of my friends in law firms and credit rating agencies rushing to translate these series of research works from Arabic to English, as there was hardly anyone tackling the topic. Why should they? If you were a su- kuk arranger entity, wouldn’t you try to underestimate such reports? If you were in the sukuk industry, you would rather turn a blind eye on the first default cases, trying to dismiss these insightful reports to stress that they will not shake the foundation of the industry. But Nakheel near default changed everything, forever! Last year, we thought, as we were keeping close eyes to these cases, that only 10 cases of such defaults existed, apart from those who were defaulted technically. We were wrong! In a research I conducted myself for my publication after completing my MSc in Investment Banking & Islamic Finance , we found out, that the total defaulted sukuk cases in the last 20 months has reached at least 21 ! As for the total value of such issuance, it is almost $ 2.1 Billion. When I say “at least”, I mean it is likely there are more we do not know about it! This accelerated percentage makes one wonders why the industry stakeholders hided such critical information from the investors at that time. Further, sukuk Holders might even wonder why they always see these www.islamica-me.com 25 Islamic Investment optimistic reports on the future prospect of sukuk on a regular basis. 2009 can be described as the “default year” for the sukuk market. The year ended with at least 15 cases. As for 2010, there are six new default events. The industry should be eager to examine such cases in order to learn for past mistakes, protect sukuk holders’ rights and create a modified next generation of such Islamic financial certificates. Last year, Malaysia took the lead by 9 cases, Pakistan (2) and one default event in SAUDI ARABIA, Kuwait and the US. They are as follows: • Saad Group’s Golden Belt ($650 M) • East Cameron Gas ($165.6 M) • The Investment Dar Company ($100 M) • New Allied Electronics Industries ( $ 16.4 M) + Maple Leaf (Rs8 billion) • Oxbridge Height ($2.82 M) • Hartaplus • Ingress ($ 7.2 M) • Oilcorp Bhd ($ 20.6 M) • PSSB Ship management (RM40 m) • Tracoma Holdings (RM 100 m) • M-Trex Corporation (RM 60 m) • Englotechs HOLDING (RM 50 M) • Straight A’s portfolio (RM 200 M) • Malaysian International Tuna Port (RM 240 m ) According to RAM rating agencies, there were 24 registered default events in Malaysia from 2003-2010. When we add up this figure with the recognized worldwide defaulted issuance, we end up with 31. The high rate can be justified, as rating is mandatory in Malaysia while investors are more educated about such complex instrument comparing to the GCC. This year was a continuation of the previous one. The 6 cases were divided equally between Malaysia,Pakistan 26 www.islamica-me.com Business islamica Magazine and the GCC. • • • • • • Merchant Marine (RM 120M) Nam Fatt (RM 250 M) Eden Housing Sukuk (Rs. 1.63 Billion) Eden Housing Sukuk (Rs. 730 Million) Tabreed ($ 463 M) IIGF Funding Limited sukuk ( $ 200 m) According to media reports, few originators have been working with law firms to restructure their sukuk issuance as they are about to miss the periodic payments. Such restructure will lead to the extension of sukuk maturity. It means, sukuk Holders are likely to suffer certain loss if we factored the opportunity cost concept and time-value of money. From my practical experience, default events would have been minimized or even contained should the issuance was asset-backed. It is more a question of whom, as an investment bank, rights’ you would like to protect more: the sukuk Holders or the originator. As for the question why we have not done that for the sake of the investors’ interests, that’s another story! Mohammed Khnifer is regarded as part of a ‘second generation’ of Islamic banking practitioners who have a solid academic background in Islamic finance. He is one of the most prolific and well-known journalist and researcher specializing in Islamic Finance today. He is a holder of an MSc in Investment Banking & Islamic Finance and is a Chartered Islamic Finance Professional (CIFP) from INCEIF. For the past seven years he has been in charge of the editorial content for the Islamic Banking section of Al Eqtisadiah Saudi Newspaper, writing over 1,000 articles on various aspects related to Islamic Finance. Mr. Khnifer is frequent guest to numerous and prestigious Islamic Finance conferences and his research papers are being published in major publications worldwide. He can be contacted at mkhnifer1@ gmail.com C M Y CM MY CY CMY K
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