Mudarabah Investments in Project Finance
CA-3.7.13
An
Islamic bank licensee advances funds to a customer who acts as Mudarib in a construction contract for a third-party customer (ultimate customer). The ultimate customer will make progress payments to the Mudarib who, in turn, makes payments to theIslamic bank licensee . The essential role of theIslamic bank licensee in this structure is to provide bridging finance to the Mudarib pending its receipt of the progress payments. In this type of construction contract Mudarabah investment structure:(a) TheIslamic bank licensee has no direct or contractual relationship with the ultimate customer (but theIslamic bank licensee may stipulate that payments by the ultimate customer to the Mudarib be made to an account ("repayment account") with theIslamic bank licensee which has been opened for the purpose of the Mudarabah and from which the Mudarib may not make withdrawals without theIslamic bank licensee's permission); and(b) TheIslamic bank licensee as investor advances funds to the construction company as Mudarib for the construction project and is entitled to a share of the profit of the project but must bear 100% of any loss.January 2015CA-3.7.14
The
Islamic bank licensee is exposed to the risk on the amounts paid to the Mudarib, and as these amounts are made on a profit-sharing and loss-bearing basis they are treated undercredit risk as equity positions in the banking book. In principle, theIslamic bank licensee's credit exposure is to the Mudarib, not to the ultimatecustomer ; however, as described below, a structure may involve the use of a "repayment account" to receive progress payments from the ultimatecustomer , which transfers much of thecredit risk to the latter.January 2015CA-3.7.15
In addition to
credit risk (i.e. that the Mudarib has received payment from the ultimatecustomer but fails to pay theIslamic bank licensee , or that the ultimatecustomer fails to pay), theIslamic bank licensee is exposed to capital impairment in case the project results in a loss.January 2015