Trowers & Hamlins LLP

Experts

18

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Charlotte Clayson
Trowers & Hamlins LLP
Christopher Plumley
Partner
Trowers & Hamlins LLP
Elizabeth Mulley
Solicitor
Trowers & Hamlins LLP
Helen Randall
Trowers & Hamlins LLP
Ian Doolittle
Partner
Trowers & Hamlins LLP
Jasmine Ratta
Associate
Trowers & Hamlins LLP
Jessica Arczynski
Senior Associate
Trowers & Hamlins LLP
John Forde
Trowers & Hamlins LLP
Jonathan Grosvenor
Solicitor
Trowers & Hamlins LLP
Jordan Ellis
Associate
Trowers & Hamlins LLP
Laurence Target
Trowers & Hamlins LLP
Lily Hurley
Associate
Trowers & Hamlins LLP
Lucy Doran
Trowers & Hamlins LLP
Neil Waller
Trowers & Hamlins LLP
Nez Zein
Senior Associate
Trowers & Hamlins LLP
Paul McDermott
Partner
Trowers & Hamlins LLP
Rebecca Rees
Trowers & Hamlins LLP
Salman Ahmed
Partner and head of Islamic finance MENA
Trowers & Hamlins LLP
Contributions by Trowers & Hamlins LLP

18

Bai salam documentation and transaction mechanics
Bai salam documentation and transaction mechanics
Practice Notes

This Practice Note looks at the key elements of a bai salam transaction before considering the documentation and mechanics used including, in particular, the mechanism and key terms of a master bai salam agreement, stand-alone bai salam agreements and the agency agreement.

Commodities Murabaha
Commodities Murabaha
Practice Notes

This Practice Note covers the features of a typical commodity Murabaha arrangement (usually metals traded on the London Metals Exchange) entered into to provide working capital or acquisition financing for the customer. It also considers the distinction with a tawarruq arrangement.

Critique of Shari’ah compliance in Murabaha transactions
Critique of Shari’ah compliance in Murabaha transactions
Practice Notes

This Practice Note discusses the main criticisms of contemporary Murabaha arrangements, in particular that most current transactions do not meet all of the established criteria, such transactions do not fit with the goals of Islamic finance and that the transactions simply replicate conventional financing but in a more costly and uncertain manner

Examining the anatomy of Mudaraba Islamic financing
Examining the anatomy of Mudaraba Islamic financing
Practice Notes

This Practice Note considers how Islamic finance has evolved and focuses on the rise of Mudaraba as a transaction structure. In particular, the note considers the structure and required elements of a Mudaraba transaction and looks at the key transaction documents

Governing law under Islamic finance contracts
Governing law under Islamic finance contracts
Practice Notes

This Practice Note considers the factors that have led to Murabaha contracts typically being governed by the laws of England and Wales in the UK and the reasons Shari’ah has not commonly been adopted. It also looks at two specific English cases concerning Murabaha agreements

Middle East and Far East Sukuk
Middle East and Far East Sukuk
Practice Notes

This Practice Note considers the differences between the Sukuk markets in the Middle East and Far East and looks at recent trends and types of transaction structure commonly used.

Murabaha documentation and transaction mechanics
Murabaha documentation and transaction mechanics
Practice Notes

This Practice Note covers the structure of typical Murabaha documentation and compares the differences between a Murabaha agreement and the loan agreement in a conventional transaction. In particular, it considers ‘rollover’ differences, prepayments, conditions precedent and covenants

Musharaka documentation and transaction mechanics
Musharaka documentation and transaction mechanics
Practice Notes

This Practice Note examines the basic features of any Shari’ah compliant contract before considering the specific requirements for a musharaka arrangement, including execution, independence and permitted terms and conditions. The note also covers the additional documentation which may be required to give effect to the agreed relationships

Sukuk documentation and transaction mechanics
Sukuk documentation and transaction mechanics
Practice Notes

This Practice Note looks at the key considerations for an Obligor when deciding how to structure any Sukuk issuance. It also examines the main documents used in each structure and highlights the differences between them, the key terms required in all Sukuk transactions, as well as the recent trends and regulatory developments in the Sukuk market

Takaful—key transaction mechanics and documentation
Takaful—key transaction mechanics and documentation
Practice Notes

This Practice Note considers the key underlying mechanics of takaful and the documentation required, including both at the pre-contractual and post-contractual stages.

The characterisation of Murabaha under UK legislation
The characterisation of Murabaha under UK legislation
Practice Notes

This Practice Note covers the differences between conventional financing and Islamic finance and the relevant provisions under English law.

The distribution of takaful products through banks
The distribution of takaful products through banks
Practice Notes

This Practice Note explains the key characteristics and rationale behind bancatakaful. It considers how such transactions are conducted and the documentation required, including in particular the bilateral distribution agreement.

The required elements and structure of takaful
The required elements and structure of takaful
Practice Notes

This Practice Note considers the elements required for a typical takaful transaction and the basic underlying structures of wakala, mudaraba and the hybrid model promoted by a number of international organisations.

The structure and elements of a Musharaka transaction
The structure and elements of a Musharaka transaction
Practice Notes

This Practice Note covers the key principles of a Musharaka arrangement and in particular looks at the different types of Musharaka transaction, the method of establishing a musharaka partnership and the rules which must be adhered to for the partnership to be valid. The note also considers the usual term for such an arrangement and how a Musharaka partnership may be terminated

The structure and elements of a Sukuk transaction
The structure and elements of a Sukuk transaction
Practice Notes

This Practice Note considers the main difference between conventional bond structures and Sukuk issuances. It also provides an outline of the key types of Ssukuk structure and provides an analysis of factors affecting the historical growth of the Sukuk market and recent market trends

The structure and required elements of a bai salam transaction
The structure and required elements of a bai salam transaction
Practice Notes

This Practice Note covers the key terminology used in bai salam transaction structures and the impact of different Shari’ah schools of thought. It looks at the usual structures of a bai salam transaction and examines the key elements required, as well as considering the main differences with other transaction structures, particularly istisna’a.

The structure and required elements of a Murabaha Transaction
The structure and required elements of a Murabaha Transaction
Practice Notes

This Practice Note covers the basic structure and required steps in a typical Murabaha (‘cost plus profit financing’) transaction. It also considers the elements that are required for a valid Murabaha transaction under Shari’ah.

The use of Musharaka in practice and current trends
The use of Musharaka in practice and current trends
Practice Notes

This Practice Note considers the current status of Musharaka in the market. It discusses the main issues with using the Musharaka structure and considers criticisms on the use of Musharaka from within the Islamic finance industry.

Contributions by Trowers & Hamlins LLP Experts

4

Cybersecurity breach notification requirements
Cybersecurity breach notification requirements
Practice Notes

This Practice Note provides an overview of the laws and regulations relating to cybersecurity—examining the entities that are required to comply with such rules, their security obligations, the notification requirements in the event of a breach, and the consequences of failing to comply. It also contains practical guidance on what it takes to be cybersecurity breach ready and managing a cyber attack.

Cybersecurity breach notification requirements in the EU
Cybersecurity breach notification requirements in the EU
Practice Notes

This Practice Note provides an overview of the EU laws and regulations relating to cybersecurity—examining the entities that are required to comply with such rules, their security obligations, the notification requirements in the event of a breach, and the consequences of failing to comply. It also contains practical guidance on what it takes to be cybersecurity breach ready and managing a cyber attack.

Interest in possession beneficiaries (life tenants)—income tax
Interest in possession beneficiaries (life tenants)—income tax
Practice Notes

This Practice Note, written by Jordan Ellis and Liz Hurleyof Trowers & Hamlins LLP, considers the income tax treatment of the life tenant of an interest in possession (IIP) trust. It also explains the source of the beneficiary’s income, when the liability to tax arises, and steps for calculating, reporting and paying the income and income tax due on it.

Can a public contract or framework agreement be modified without a new procurement procedure, where the
Can a public contract or framework agreement be modified without a new procurement procedure, where the
Q&A

This Q&A considers whether a new procurement procedure is required where the initial contractor changes its company name following acquisition.

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