Direct Payment by Ultimate Customer into a "Repayment Account" Opened with the Bank and Effectively Pledged to the Bank
CA-3.7.16
Much of the
Islamic bank licensee's credit exposure to the Mudarib may be transferred to the ultimatecustomer under this structure involving the "repayment account". If the ultimatecustomer is a sovereign or otherwise has a very low risk-weighting, this may affect the RW to be applied to the exposure, and othercredit risk mitigants may be applied, as described below.January 2015CA-3.7.17
In a construction related transaction, provided the construction work proceeds normally and to the ultimate
customer's satisfaction, the risk attaching to the progress payments due from the ultimatecustomer to the Mudarib will be thecredit risk of the ultimatecustomer . However, this does not per se constitute a mitigation of thecredit risk of theIslamic bank licensee's exposure to the Mudarib. In such a case, if an independent engineer employed to certify that the work has reached a certain stage of completion has issued a certificate to that effect, so that a progress payment is due from the ultimatecustomer , from the point of view of theIslamic bank licensee the amount of that progress payment due is no longer exposed to the risk of unsatisfactory performance by the Mudarib, but only to the latter's failure to pay theIslamic bank licensee (the Mudarib being exposed to possible default by the ultimatecustomer ). Such an amount might thus arguably bear a RW based entirely on the credit standing of the Mudarib — that is, say 100%, rather than 400%. However, if a binding agreement exists between theIslamic bank licensee and the ultimatecustomer whereby the latter will make the payment into a "repayment account" with theIslamic bank licensee , the latter's credit exposure in respect of the amount due is transferred from the Mudarib to the ultimatecustomer .January 2015CA-3.7.18
Other structures may be used which have the effect of modifying the risk exposures of the investors in a Mudarabah. The determination of the risk exposure (nature and amount) must take into account the structure which must be reflected in the application of RW.
January 2015