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deals of the year<br />
case study<br />
FWU Group opens up European<br />
market with debut Sukuk issuance<br />
Ijarah & Europe Deal of the Year<br />
Germany-based FWU Group, which focuses on customized<br />
investment products linked to life insurance and pension<br />
schemes, became the first European institution to issue a<br />
Sukuk at the end of 2012.<br />
Dr Manfred Dirrheimer, the chairman of the executive board<br />
of FWU, said that the issuance is the largest by a European<br />
corporate to date, and the first to be backed by intellectual<br />
property rights. He added: “FWU has been looking for Shariah<br />
compliant means by which it can refinance its Shariah compliant<br />
factoring business globally. It is hard to determine the wider<br />
impact of the FWU Sukuk at present, but it is noteworthy that it<br />
is the largest Sukuk issuance by a European corporate to date,<br />
and whilst there has been one other Sukuk issuance in Europe<br />
previously by a UK issuer, the FWU Sukuk is the first of any<br />
significant size.”<br />
The issuance in US dollars<br />
was intended to appeal to<br />
a broad range of investors,<br />
and as such the decision on<br />
denomination was not<br />
driven by uncertainty<br />
US dollar “a more practical choice”<br />
Despite being based out of Europe, the group chose to issue<br />
its debut Sukuk in US dollars to capture a broader investor<br />
base, rather than because of any market uncertainties in the<br />
Eurozone at present. Dr Manfred clarified: “The issuance in US<br />
dollars was intended to appeal to a broad range of investors,<br />
and as such the decision on denomination was not driven by<br />
Summary of terms & conditions<br />
Issuer<br />
Luxembourg SPV incorporated using a<br />
Dutch Stichting (foundation) structure<br />
Purpose of issuance <strong>Finance</strong> FWU Shariah Compliant<br />
Commission factoring business globally<br />
Tenor<br />
Seven years<br />
Coupon rate / return 7% per annum<br />
Payment<br />
Semi-annually in arrears<br />
Currency<br />
US dollars<br />
Maturity date 2019<br />
Governing Law English Law, Luxembourg Law using a<br />
Dutch Stitching Structure<br />
Legal Advisor(s) /<br />
Counsel<br />
Listing<br />
Underlying Assets<br />
Vinson & Elkins LLP<br />
(International Counsel)<br />
Loyens & Loeff (Luxembourg and Tax<br />
Counsel)<br />
Rolfs Partner<br />
(German financial and tax advisers)<br />
N/A<br />
A proprietary computer software system<br />
and associated intellectual property rights<br />
developed by the FWU Group<br />
uncertainty. In the case of this Sukuk, investors were identified<br />
in jurisdictions in the Middle East which use currencies that<br />
are pegged to the US dollar which made a US dollar issuance<br />
more practical. In addition, as FWU expands its operations into<br />
new geographical areas (often ones with US dollar-pegged<br />
currencies), the US dollar is an ever-more useful currency of<br />
finance.”<br />
The seven-year paper offers a coupon rate of 7% and halfyearly<br />
payouts. It is backed by a proprietary computer software<br />
system and associated intellectual property rights developed<br />
by FWU Group and used in-house as well as with its bank<br />
distribution partners. This is in connection with the group’s<br />
consulting www.<strong>Islamic</strong><strong>Finance</strong>Consulting.com<br />
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combined Takaful operations.<br />
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12 March 2013