CmaBylaw
Executive Bylaws
11-54 Of Module Eleven: Dealing in Securities
Section: Chapter Eleven: Sukuk Regulations
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Tuesday, 14 February 2017
The following provisions shall be considered concerning the Asset-Backed Sukuk: 1. The Originator shall have no existing or enforceable interest or right over assets or cash flows resulting from such assets prior to the issue of Sukuk. 2. There are no legal, contractual or other restrictions on transferring assets, rights or dues relevant to Sukuk Assets from the Originator to the Issuer. 3. Legal, regulatory or contractual approvals required for transfer of assets from the Originator to the Issuer shall be fulfilled. 4. The Originator may not take any action that may enable a third party to claim for compensation or require a certain return in relation to assets of Sukuk. 5. The valuation set for assets shall be fair and shall consider the Face Amount and any further legal or accounting requirements of Sukuk. 6. In the event that the assets comprise any Shares or Securities which represent equities, such Shares or Securities shall be listed or traded in an Exchange or in another exchange outside Kuwait approved by the Authority. No legal or administrative control over any company which Issues such Shares or Securities representing equities, shall be given. 7. Assets of all kinds are to be consistent with the provisions of Islamic Sharia. A detailed list of the assets and their basic information shall be certified by an External Sharia Auditing Office.
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