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The first 150 words of the full text of this article appear below. Key points
1. Introduction
As modern Islamic finance moves through the second decade ofthe period of transformation . . . [Full Text of this Article]
2. Islamic finance
What is Islamic finance? Shariah supervisory boards Composition Roles and Fatawa A few basic (and generalized) Shariah principles
3. Forces influencing the development of Islamic capital markets
Modern islamic finance Interregnum to revival and recovery The nominate contracts; custom; English language; practical experience Innovation and transformation: nominates and consensus Multilateral organizations OIC Fiqh Academy AAOIFI: accounting and auditing organization for Islamic financial institutions IDB: Islamic Development Bank IFSB: Islamic Financial Services Board Risk allocation: expectations and responsibilities Risk assessment Standardization and contractual enforceability Market disequilibrium: the assumption of interest
4. Transactional practice: legal opinions on enforceability
Governing law The continuum from Shariah incorporation to purely secular Current transactional practice
5. Enforceability in secular jurisdictions: Shamil Bank v Beximco
The opinion Some relevant principles
6. Enforceability in incorporated jurisdictions
Systemic matters Sukuk and capital markets Introduction to sukuk Legal infrastructure: specific legal issues
7. Transactional developments since the late 1990s
Equities and equity funds Real estate funds Private equity funds Hedge funds Derivatives and derivative funds Factoring Sukuk
8. Conclusion
相似文献
- As modern Islamic finance continues to develop, thedevelopment and growth of capital markets, including secondarymarkets, for securities and investments that are compliant withthe principles and precepts of Islamic Shari'ah, is being witnessed.
- Thisarticle first considers the nature of Islamic finance, thenlooks at the primary factors influencing the development andgrowth of Islamic capital markets, before looking at the factorsaffecting risk assessment by transactional participants, particularlythose pertaining to certainty, predictability and transparencyof risk factors.
- Capital markets transactions involve bothShari'ah and secular jurisdictions, and legal opinions and choiceof governing law for transactional documentation in each typeof jurisdiction are critical factors in effecting these transactionsand the growth of these markets.
- The article concludes withan overview of the state of the capital markets products.
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Donald Hugh McMillen 《The Pacific Review》2013,26(1):57-65
This article examines the linkages between changes in international capital movements and currency values on the one hand and Asian regionalism on the other. It argues that economic ties within Asia in the late 1980s and early 1990s can be traced primarily to the increasing values of currencies in Japan, Taiwan, South Korea and Hong Kong. Foreign-direct investments from companies in these countries increased throughout the Asian region. Intra-regional trade grew rapidly as well. Still, by the turn of the century, in contrast to regionalism in Europe, that in Asia remained deeply institutionalized and far less responsive to any central direction from potential leaders such as Japan. 相似文献
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Nursing homes face two potential risks: exclusion from the Medicare and Medicaid programs; and financial liability through Medicare and Medicaid overpayments, false claims, and negligence actions. Given the current budget crisis and the scrutiny of nursing homes, the magnitude of these risks is only expected to increase. The authors address the increasing risks that nursing homes face and propose the creation of single-purpose ownership entities and single-purpose operating entities to minimize risk. In addition, they examine recent cases to show what factors the courts use to allow the United States and private plaintiffs to pierce the corporate veil. The authors conclude by showing how restructuring can reduce the unnecessary risks of exclusion and financial liability. 相似文献
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