Hassan, Rusni and Mat Yaman, Khariyah and Othman, Ahmad Azam and Yusoff, Adnan
(2012)
The role of a trustee in Sukuk: the Malaysian perspective.
Australian Journal of Basic and Applied Sciences, 6 (11).
pp. 326-330.
ISSN 1991-8178
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Abstract
In Malaysia, the legal and regulatory framework governing Islamic Capital Market industry
provides for trust structure insukuk. Trustee plays an important role in sukuk. In fact in everysukuk
issuance save for the issue or offer which comes under the exceptions provided for under Schedule 8 of
the Capital Market Services Act 2007 (“CMSA”), a trustee is required to be appointed and a trust deed
to be executed. Thus, trust structure is central in sukuk, so far as Malaysia is concerned. This paper
studies the important roles of trustees in sukuk, its nature and the extent of powers and duties of
trustees appointed therein. Itexamines the categories of trustees in sukuk and their designated functions
as well the nature and extent of powers and duties of a trustee with an insight on the current practices
in the Malaysian Islamic Capital Market industry dealing with trust structure insukuk. The study will
also look at other relevant aspects in trust structure, which include the trust deed as the constitutive
document and the role of trustee in the event of default of sukuk.
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