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CA-8.2.5

Consideration of the collateral security structure41 is a critical factor; it needs to be the subject of legal opinions and is subject to Shari'a permissibility (in the case of perfectibility42). Those security interests must be the first priority (there can be no prior or subsequent claims) and be perfected (or perfectible).


41 Collateral security structure is mainly used in Sukuk based on Shari'a-compliant project financing.

42 In legal terminology, perfection relates to the additional steps required to be taken in relation to a security interest in order to make it effective against third parties and/or to retain its effectiveness in the event of default by the grantor of the security interest.

January 2015