Securities Regulation for Islamic Finance
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Questions and Answers

The Islamic Capital Market (ICM) operates solely on conventional financial principles.

False (B)

The [BLANK] is a market where capital transactions are conducted according to Islamic law.

Islamic Capital Market (ICM)

What does 'IOSCO' stand for in the context of Islamic securities?

International Organization of Securities Commissions

Which of the following is NOT a defining characteristic of the Islamic Capital Market?

<p>Emphasis on speculation and gambling (A)</p> Signup and view all the answers

Match the following terms with their definitions:

<p>ICM = A market operating in line with Islamic law IOSCO = International organization for securities commissions Shariah = Islamic law Riba = Interest-based financial transactions</p> Signup and view all the answers

Which of the following organizations is NOT a key regulator of the Malaysian financial system, as mentioned in the text?

<p>IMF (A)</p> Signup and view all the answers

The IOSCO Principles are assessed using a methodology that was finalized in 2011 and replaced a previous version from 2003.

<p>True (A)</p> Signup and view all the answers

What is the primary function of the Securities Commission (SC) in Malaysia?

<p>Regulating the capital markets in Malaysia.</p> Signup and view all the answers

The ______ is the central bank and the supervisory authority for a wide range of financial institutions in Malaysia.

<p>BNM</p> Signup and view all the answers

Match the following laws with their corresponding descriptions:

<p>Securities Commission Act 1993 (SCA) = Provides the Securities Commission with powers and authority Capital Markets and Services Act 2007 (CMSA) = Governs various aspects of the capital market, including securities trading and investment Securities Industry (Central Depositories) Act 1991 (SICDA) = Focuses on the regulation of central depositories for securities</p> Signup and view all the answers

Which of the following are prohibited elements in Islamic Capital Market (ICM)?

<p>GHARAR (A), SPECULATION (B), RIBA (C), MAYSIR (D)</p> Signup and view all the answers

In the equity market, conventional companies are limited in their business activities.

<p>False (B)</p> Signup and view all the answers

What is the main difference in the use of proceeds between conventional and Islamic capital markets?

<p>Conventional capital markets have no restrictions on the use of proceeds, while Islamic capital markets require that all proceeds be used in a Shariah compliant manner.</p> Signup and view all the answers

In the debt market, a ________ issuer must be engaged in shariah compliant business activities.

<p>sukuk</p> Signup and view all the answers

Match the following functions of ICM with their corresponding objectives:

<p>Intermediaries = Provide opportunity for diversification of risks Facilities the availability of funds = Contributes to economic growth Makes available various financial services = Plays a complementary role to Islamic Banking and Takaful sectors</p> Signup and view all the answers

Which of the following is NOT a growth driver of the Islamic capital market?

<p>Increasing demand for conventional investing (A)</p> Signup and view all the answers

The Securities Commission Malaysia (SC) does not exhibit high levels of implementation of the IOSCO Principles.

<p>False (B)</p> Signup and view all the answers

What is the main purpose of the International Organization of Securities Commissions (IOSCO) Objectives and Principles of Securities Regulation?

<p>The IOSCO Principles aim to promote fairness, efficiency, and transparency in the securities markets globally.</p> Signup and view all the answers

ICM provides a larger market base to both sets of investors, including _______ and ________.

<p>Islamic, conventional</p> Signup and view all the answers

ICM only allows investments in asset-backed securities.

<p>False (B)</p> Signup and view all the answers

The Securities Commission (SC) in Malaysia has the authority to investigate and take action against individuals or entities who violate the securities laws.

<p>True (A)</p> Signup and view all the answers

Which of the following is NOT a principle covered by the IOSCO Principles relating to enforcement of securities regulation?

<p>Issuing licenses for financial institutions (D)</p> Signup and view all the answers

The _______ provides specific disclosure requirements for purchasers of futures contracts in Malaysia.

<p>CMSA</p> Signup and view all the answers

What is the purpose of the regulatory system in place for auditors of public interest entities (PIEs) in Malaysia?

<p>To ensure appropriate levels of oversight and accountability for auditors of PIEs</p> Signup and view all the answers

Match the following IOSCO Principles categories with their corresponding areas of focus:

<p>Principles 10-12 = Enforcement of Securities Regulation Principles 13-15 = Cooperation in Regulation Principles 16-18 = Issuers Principles 19-23 = Auditors, Credit Rating Agencies, and Information Service Providers Principles 24-28 = Collective Investment Schemes and Hedge Funds Principles 29-32 = Market Intermediaries Principles 33-37 = Secondary Markets</p> Signup and view all the answers

The Securities Commission (SC) in Malaysia has practical independence from both industry and government.

<p>True (A)</p> Signup and view all the answers

Which of the following are considered preconditions for effective securities regulation, as described in the text?

<p>A stable macroeconomic environment (A), Sound legal and accounting framework (C), Effective procedures for resolving securities market issues (D)</p> Signup and view all the answers

The [BLANK] is a key regulator for the Malaysian capital markets, having clear statutory authority and responsibility.

<p>Securities Commission (SC)</p> Signup and view all the answers

What are the two organizations that exercise direct oversight in the Malaysian capital markets and whose rules are subject to meaningful sanctions?

<p>Bursa Malaysia and FIMM</p> Signup and view all the answers

Match the following principles with their corresponding categories:

<p>Principles 1-8 = Principles relating to the regulator Principle 9 = Principles relating to self-regulation Principles 10-12 = Principles relating to enforcement of securities regulation Principles 13-15 = Principles for cooperation in regulation Principles 16-18 = Principles for issuers Principles 19-23 = Principles for auditors, credit rating agencies, and other information service providers Principles 24-28 = Principles for collective investment schemes and hedge funds Principles 29-32 = Principles for market intermediaries Principles 33-37 = Principles for the secondary markets</p> Signup and view all the answers

Which organization is NOT directly mentioned as being subject to oversight by the Securities Commission (SC)?

<p>IOSCO (D)</p> Signup and view all the answers

What is the main characteristic of the bankruptcy legislation in Malaysia, according to the content?

<p>It is outdated but currently under review for substantial amendment</p> Signup and view all the answers

Flashcards

Islamic Capital Market (ICM)

A market for capital transactions following Shariah principles.

Shariah Principles

Islamic laws guiding financial and investment activities.

IOSCO

International Organization of Securities Commissions that sets global standards.

Capital Market Transactions

Activities involving buying and selling financial instruments.

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Halal Investments

Investments that comply with Islamic legal standards.

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Financial Sector Assessment Program (FSAP)

IMF/World Bank initiative assessing countries' financial sectors for stability and compliance.

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Assessment Methodology

A framework for evaluating the implementation of IOSCO principles in financial regulation.

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Securities Commission of Malaysia (SC)

Regulatory authority overseeing capital markets in Malaysia, established by law.

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Bank Negara Malaysia (BNM)

Central bank of Malaysia, overseeing various financial institutions.

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Securities Commission Act 1993

Legal framework establishing powers and responsibilities of the SC in Malaysia.

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Capital Markets and Services Act 2007

Legislation that governs capital markets and services in Malaysia.

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Securities Industry (Central Depositories) Act 1991

Law regulating securities central depositories in Malaysia.

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Macroeconomic Stability

A stable economic environment necessary for effective regulatory supervision.

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Legal and Accounting Framework

The established laws and accounting standards supporting regulation.

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Bankruptcy Legislation

Laws governing the process of insolvency and liquidation of companies.

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Self-Regulation

Oversight by organizations within the industry to maintain standards.

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SC Authority

The Securities Commission (SC) in Malaysia has clear authority over capital markets.

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Operational Independence

The SC operates independently from industry and government influence.

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Bursa Malaysia

A Malaysian exchange with direct oversight responsibilities.

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FIMM Oversight

The Federation of Investment Managers Malaysia oversees market participants.

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SC Inspection Powers

The SC has broad powers to inspect and investigate breaches of securities laws.

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Information Sharing

The SC can cooperate and share information with domestic and international regulators.

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Issuers' Disclosure Requirements

Detailed requirements exist for initial offerings and ongoing disclosures for securities.

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Auditor Oversight

Auditors of Public Interest Entities (PIEs) in Malaysia are subject to regulatory oversight.

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Collective Investment Schemes (CIS)

Publicly offered CIS must meet authorization and reporting obligations.

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Riba

Prohibited interest in Islamic finance.

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Gharar

Prohibited uncertainty in contracts.

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Maysir

Prohibited gambling in Islamic finance.

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Sukuk

Islamic financial certificates, similar to bonds.

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Conventional Bonds

Debt securities without shariah compliance.

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Market Exposure

How investments are received by different investors.

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Business Activity in ICM

Must involve shariah-compliant business operations.

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Role of IIFS

Intermediaries facilitating Islamic finance activities.

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Economic Growth Contribution

ICM contributes to overall economic expansion.

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Study Notes

Securities Regulation for Islamic Securities Products

  • Islamic Capital Market (ICM) is a market where transactions, operations, and activities adhere to Shariah principles and requirements.
  • Prohibited elements in ICM include Riba (interest), Gharar (uncertainty), Maysir (gambling), and speculation.

Key Differences Between Conventional and Islamic Capital Markets (Equity Market)

  • Business Activity: Conventional companies have no limits on their business activities; ICM companies must engage in Shariah-compliant activities.
  • Use of Proceeds: Conventional markets have no restrictions; ICM companies must ensure Shariah compliance regarding proceeds.
  • Investment Exposure: Conventional markets are not restricted to Muslim investors while Islamic markets attract both Muslim and other investors.

Key Differences Between Conventional and Islamic Capital Markets (Debt Market)

  • Business Activity: Conventional bond issuers have no restrictions on business activities; Sukuk issuers must adhere to Shariah compliance guidelines.
  • Use of Proceeds: No restriction in conventional markets; Shariah compliance regarding proceeds is necessary for ICM.
  • Investor Base: Conventional markets are not restricted to Muslim investors only; ICM markets attract both Muslim and other investors looking for Shariah compliant opportunities.
  • Structure Type: Conventional markets are primarily debt-based, while ICM markets can encompass asset, investment, and debt-based structures.
  • Asset Requirements: No asset requirements in conventional markets, except for asset-backed securities; ICM markets require asset requirements.

Functions and Objectives of ICM

  • Intermediation between fund demanders and suppliers.
  • Complementary role for Islamic Banking and Takaful sectors.
  • Risk diversification opportunities.
  • Facilitating secondary trading of securities.
  • Availability of various financial services.
  • Contributing to economic growth.

Growth Drivers of Islamic Capital Market

  • Roles played by IFIs, Islamic Banks, and Takaful operators.
  • High demand for managing instruments (both short and long-term).
  • Increasing preference for Shariah-compliant investments.
  • Growing demand for infrastructure financing.

Application of International Organization of Securities Commissions (IOSCO)

  • Malaysia's Securities Commission (SC) has a robust supervisory framework aligned with IOSCO Principles.
  • Regulations for issuers, auditors, collective investment schemes, and market intermediaries are extensive.
  • Cooperation, information sharing, and enforcement within the securities regulation are extensive.

Scope of IOSCO

  • Assessment, Introduction, Institutional and Market Structure Overview, Preconditions for Effective Securities Regulation, and Recommended Action Plan and Authorities' Response.

IOSCO Methodology

  • Assessment methodology, published in 2011, superseded the 2003 version.
  • The methodology was used during the 2012 IMF/World Bank FSAP mission to Malaysia.
  • The methodology focused on regulatory outcomes of each IOSCO Principle.

Institutional and Market Structure Overview

  • Malaysian financial system regulatory authorities include the SC and BNM (Bank Negara Malaysia).
  • The SC regulates broadly, with powers outlined in laws including the Securities Commission Act 1993, Capital Markets and Services Act 2007, and Securities Industry (Central Depositories) Act 1991.
  • BNM acts as the central bank and supervisory authority for many financial institutions.

Preconditions for Effective Securities Regulation

  • Stable macroeconomic environment, sound legal and accounting framework, and effectively functioning procedures.
  • The jurisdiction's bankruptcy legislation requires review and possible amendments.

Principles of IOSCO

  • Principles 1-8 relate to the regulator.
  • Principle 9 relates to self-regulation (Bursa and FIMM).
  • Principles 10-12 relate to enforcement.
  • Principles 13-15 relate to cooperation.
  • Principles 16-18 relate to issuers.
  • Principles 19-23 relate to auditors, credit rating agencies, etc.
  • Principles 24-28 relate to collective investment schemes and hedge funds.
  • Principles 29-32 relate to market intermediaries.
  • Principles 33-37 relate to secondary markets.

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Description

This quiz explores the principles of the Islamic Capital Market (ICM) and highlights the key differences between conventional and Islamic capital markets in both equity and debt. Understand the Shariah-compliant activities and the unique financing principles in ICM.

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