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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Finance

Date & Time
  • event Date

    Thursday, June 4, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide an overview of Shari'ah-compliant investment, an asset-based investment system that is frequently, though imprecisely, known as Islamic finance.

Faculty

Kris Ferranti
Miscellaneous

Mr. Ferranti has extensive experience representing clients in complex commercial real estate transactions, including in the areas of acquisitions, dispositions, joint ventures, development projects, foreign investment, financings and ground and space leasing. He regularly represents financial institution, sovereign wealth fund, investment fund and individual and institutional investor and developer clients including Olayan America, Credit Suisse, Shorenstein Properties and Metropolitan Life Insurance Co. Mr. Ferranti has written publications in Real Estate Finance & Investment and Law360 and has been involved in a number of speaking engagements at seminars and conferences on various real estate subjects.

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Jonathan Y. Newman
Partner
Clifford Chance

Mr. Newman specializes in real estate acquisitions and dispositions, joint ventures and financing transactions, including construction, mortgage, mezzanine, and preferred equity financings of US real estate. His experience spans LP investments into real estate funds and foreign investment into US real estate. Mr. Newman also advises on Shari'a compliant investment, with a particular emphasis on structuring real estate acquisitions and fund investments in a Shari’a compliant manner. He regularly represents landlords and tenants in ground leases and in commercial leasing transactions, as well as sponsors and capital investors in multifamily, commercial, hospitality and industrial property acquisitions, financings and dispositions.

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John L. Opar
Partner
Shearman & Sterling LLP

Mr. Opar has extensive experience in all areas of commercial real estate law, including foreign investment in U.S. real estate. He has worked frequently on Shari’ah compliant investments and has been involved in development projects in the U.S., the Middle East, China, England, Germany and the Philippines. Mr. Opar has authored several publications and participated in a number of speaking engagements at seminars and conferences on various real estate subjects.

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Description

Real estate presents an attractive target asset class for investors seeking to invest in accordance with Shari'ah, the code by which Islamic investors are guided in their investment decisions.

The presenters, experienced in advising Islamic investors and other parties to compliant transactions, will review the tenets which underlie Shari'ah and serve as the basis for the applicable investment structures. They will review several of the forms of contract which are used to implement these investments.

The panelists will discuss the role of Islamic jurists in structuring investments and the diligence typically undertaken to assure compliance with the tenets of Shari'ah, which include the absence of interest-based leverage and non-permitted activities at the investment property.

They will also review in depth the use of an ijara, a form of master lease, in a bifurcated structure by which some compliant investors participate in transactions involving conventional leverage. The presentation will review the matters of concern to the various parties to such investment structures, including the compliant investor, joint venture partners, and third-party lenders.

Listen as our authoritative panel discusses the principles and structuring features of Shari'ah-compliant real estate investment.

Outline

  1. Overview
    • What is Islamic finance
    • The growth of Islamic finance
    • Key dates
    • Prime considerations in structuring transactions
    • Process/content
    • Investment classes
    • Investor analysis/diligence
    • Forms of nominate contracts
    • Ongoing issues
  2. Key nominate contracts
    • Ijara
    • Murabaha
  3. The future

Benefits

The panel will review these and other key issues:

  • What is Islamic finance?
  • Why is real estate investment well suited for Shari'ah-compliant investing?
  • How is a Shari'ah-compliant real estate investment typically structured?
  • What is the role of Islamic jurists in structuring investments?
  • What due diligence should jurists and counsel conduct to assure compliance with the tenets of Shari'ah?
  • What are the main provisions of the key nominate contracts which are used to implement these investments?