Raising Finance via Profit Sharing (Mudarabah) Bonds
A mudarabah bond is a security designed on the basis of mudarabah
contract. The issuer of mudarabah bond collects funds from the applicants in
return for assigning such bonds to them, and provides the Special Purpose
Vehicle (SPV) with such funds. The SPV applies the funds in profitable economic
and business activities and distributes the resulting profit at the end of each
transaction or at the end of each financial period between himself and holders
of bonds pro rata their respect contributions specified on the bonds. The
holders of bonds play the role of the owner and SPV plays the role of the agent
of the mudarabah contract. Mudarabah bonds may be designed with varying
applications.
Types of Mudarabah Bonds
1)
Special Mudarabah Bonds: Such bonds are offered
for special trading activity and the resulting profit is distributed after completion
of such activity. Sometimes a trading company (SPV) has both the required
knowledge and experience and the authorization for transaction certain goods,
but is has encountered problems for supply of financial means. To resolve the
problem mudarabah bonds are issued for the special trading activity, and the
required capital is provided to the SPV, enabling him to engage in the
specified trading activity. At the end of such activity, SPV will distribute
the resulting profit among the holder of bonds, after deduction of the agent’s
share. The holders of bonds may maintain the bonds and enjoy the trading
profit, or otherwise sell the bonds at the secondary market.
2)
General Mudarabah Bonds with Maturity: The SPV
issues such bonds with a specified maturity (e.g., three or five years) and
with specified financial periods (e.g., three or six months or one year), then,
engages in trading activity using the resulting capital. In this state, no
special activity is defined for the SPV, and it distributes the resulting
profit among the holders of bonds at the end of each financial period, after
deducting the agent’s share. SPV, in addition to the profit of the last
financial period, returns the principal contributions of holders of bonds, or
converts them into the general mudarabah bonds with new maturity.
3) General Mudarabah Bonds without Maturity: Such bonds act like the preceding state in
respect of activity and profit payment; the only difference is that they have
no maturity, and they stand valid until dissolution of the company and earn
profit in each financial period. At the end of each financial period, the
trading company pays the profit due from the activity to the bank, after
deduction of the agent’s share, so that the bank may distribute the same among
the holders of bonds. This situation continues dissolution of the trading
company so applied for the capital, and in case of its dissolution, the assets
of the company will be distributed among the holders of bonds in compliance
with the relevant regulations.