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Islamic Funds & Investments Report 2011

Achieving Growth in Challenging Times

Dear Finance & Investment Leader, It is with great pleasure that we present to you the 5th annual edition of the Ernst & Young Islamic Funds and Investments Report (IFIR 2011), a ground-breaking original research project developed in collaboration with leading global professional services organization, Ernst & Young. Given the recent growth and momentum achieved by the global Islamic funds and investments industry in the post-crisis landscape, it is essential today more than ever that the strong foundations prepared for the industry are now utilized to build critical mass and international scale for the industry. The Ernst & Young Islamic Funds and Investments Report has over the past 5 years, established itself as critical reference resource for the key decision makers in the global Shariah compliant funds and investments industry. Exclusively launched on-site at a special plenary session of the 7th Annual World Islamic Funds and Financial Markets Conference (WIFFMC 2011), IFIR 2011, with a principal focus on achieving growth in challenging times, will analyze the key trends shaping the industry and will map out future strategic directions that the industry leaders will have to adopt to probe the emerging landscape of opportunities. We would like to express our sincere gratitude to Ernst & Young and their Islamic Financial Services Group for investing their considerable talent and resources in developing the Ernst & Young Islamic Funds and Investments Report. We hope that the analysis in this years Report will provide practical, constructive and valuable insights which will be useful in your own strategic planning activities and will assist your organization in its quest for success as the global Islamic funds and investments industry enters the next phase of growth. To know more on how your organization can play a part in this initiative in the future, please e-mail sophie@megaevents.net Yours sincerely,

David McLean Managing Director The World Islamic Funds & Financial Markets Conference A MEGA Brand

MEGA Brands: Shaping the Future of the Global Islamic Finance Industry Since 1993 P.O. Box 72045, Dubai, UAE | t. +9714 343 1200 | f+971 4 343 6003 MEGA Brands. MEGA Clients. Market Leaders. www.megaevents.net

Islamic Funds and Investments 2011


Achieving growth in challenging times

Disclaimer

The contents of the Islamic Funds and Investments Report 2011 are based on a combination of quantitative data and qualitative comments and hence provide a subjective assessment of the current market. All quantitative comments are based on published information wherever possible. Where published reliable data was not available, qualitative comments were made which may or may not reflect the true state of affairs. Information has been assimilated from secondary sources, including published country, industry and institutional information, and primary sources, in the form of interviews with industry executives. We are not expressing any assurance on the accuracy or completeness of the information obtained. Although this report has been documented based on our understanding of Islamic financing activities to include only such activities that are deemed Sharia compliant, no Sharia opinion whatsoever has been taken on this report. Hence, the contents of this report, in terms of the activities to be carried out, might not necessarily be consistent with Sharia in all cases, and the opinion of a Sharia scholar(s) should be taken before any further steps are made to implement suggestions made in the report. Whilst every care has been taken in the preparation of this report, no responsibility is taken by Ernst & Young as to the accuracy or completeness of the data used or consequent conclusions based on that data, due to the respective uncertainties associated with any assumptions that have been made. No part of this document may be republished, distributed, retransmitted, cited or quoted to anyone without prior written permission from Ernst & Young.

ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Contents

1. 2. 3. 4. 5. 6. 7. 8. 9.

Setting the scene Products and asset classes Current state of the Islamic fund industry The future risk environment Conclusion Appendix 1: Q&A with Islamic fund managers Appendix 2: Islamic fund characteristics Appendix 3: Jurisdiction overview Team and references

6 12 19 26 27 28 33 35 43

Executive Brief Ernst & Youngs Islamic Funds and Investments Report 2011
Dear Investment Executive Islamic funds industry grew to US$58 billion in 2010, achieving a 7.6% growth. The Islamic fund universe comprises of some 100 fund managers. Favored asset classes continue to be equities, commodities, Sukuk and alternatives. For Sukuk assets specially, 2010 was a record year with US$50 billion of total issuance. As the industry continues to realign itself, there were 23 new Islamic funds launched during the year while 46 funds were liquidated. The growth is a welcome trend given the industrys flat performance in recent years. It was primarily driven by market performance, and only marginally from new net money raised by fund managers. The recovery was also tested by the evolving geo-political situation across MENA. Secondly, there remain serious concerns on the increasing likelihood of sovereign debt crisis in Europe and a double dip recession in the US. Both these factors will continue to influence conventional and Islamic asset management industry going into 2012. The addressable universe for Islamic fund managers is in excess of US$500 billion, and still growing by at least 10-15% annually. In the GCC, liquid wealth with Sharia sensitive investors will add more than US$70b to this pool by 2013. Our award winning Islamic Financial Services team explored the emerging trends with leading Islamic fund managers and their ability to assist clients in managing this wealth. It appears that the top three priorities for the industry are:

Origination and structuring limited availability of quality Sharia compliant assets means fewer products to invest in. Trust in the brand and track record are important factors, and will favor established and larger players. Distribution model access (possibly through alliances) to affluent investors and institutional clients like Waqf, family businesses, takaful operators etc. is central to future growth. Achieving scale given the 30% fee compression over recent years. A re-look at the revenue and cost strategy, operating model and most importantly the risk infrastructure, will help set the tone for sustainable growth.

Looking ahead, the challenging times are by no means over. I hope you will find these market insights useful for your businesses. Ashar M. Nazim Islamic Financial Services Leader Ernst & Young
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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Key messages
1.

Islamic funds industry benefited from performing markets in 2010 but global economic uncertainty risks recovery in the future
Islamic funds assets under management grew 7.6% to US$58 billion in 2010 but the performance will be difficult to repeat this year

2.

Sukuk, commodities and capital protected funds did well in 2010; bringing new money into high risk equities will remain a challenge
Investors remain cautious about investing in plain vanilla equity funds; recent decline in market prices has increased flow into money market funds

3.

Achieving scale is even more critical to ensure long term sustainability


Over 70% of fund managers fall below estimated break-even AuM level of US$100 million; big will get bigger as the going gets tougher to win investors trust

4.

Global economic scenario, investors risk aversion and political aftermath of the Arab Spring are the top three risks in Fund Managers minds
Leading fund managers rate the economic situation in Europe and the US as the single biggest concern on future market performance as no region or market will remain immune in case of a double dip recession
5

Global mutual funds AuM reached US$25.6 trillion in 1Q2011, 35% higher than the low touched in 2008

Global Mutual Fund Industry Estimated AuM (US$t)


30
Dot-com Crisis

Financial Crisis

Number of Funds (000)


80 24.7 25.6 70 60

26.1 25 21.8 20 16.2 15 11.3 10 14.0 17.8 19.0 23.0

50 40 30 20

10 0 2002 2003 2004 2005 2006 2007 2008 2009 2010 Q1 2011
Worldwide Total Net Assets of Mutual Funds (LHS) Worldwide Number of Mutual Funds (RHS)
Note: The data is for 45 countries

Source: National Mutual Funds Association, Ernst & Young analysis


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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

After three flat years, the global Islamic fund management industry expanded by 7.6% in 2010, reaching US$58 billion in AuM; 13% higher than 2008

Global Islamic Fund Management Industry Estimated AuM (US$b)


70 60 50 40 30 20 10 0 2005 2006 2007
Assets Under Management (LHS) 39.5 34.1 48.7 51.4 58 53.9

Number of Funds
900 800 700 600 500 400 300 200 100 0 2008 2009
Number of Funds (RHS)

2010

Source: Eurekahedge, Zawya, Ernst & Young analysis


7

This is largely due to market performance and only partially on account of new money flows; 23 new funds launched, 46 liquidated

Global Islamic Funds - Annual Launches and Liquidations Number of Funds


90 80 70 60 50 40 30 20 10 0 2008 Number of Islamic funds launched
Source: Zawya, Eurekahedge, Ernst & Young analysis
8
ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

78

46

29 19

27

23

2009

2010 Number of Islamic funds liquidated

The over dependence on a few institutional investors (Institutional Funds make up two-thirds of the total new funds launched) is a key structural weakness in Islamic markets globally (except Malaysia)
Breakup of Retail and Institutional Islamic Funds Launched
% 100 90 80 70 60 50 40 30 20 10 0 2007 2008 2009 2010 43% 32% 33% 33% 57% 68% 67% 67% Institutional Funds Retail Funds

Source: Eureka Hedge, Zawya, Ernst & Young analysis Note: Retail funds are defined as funds that have a minimum initial subscription of US$2,000 or less
9

Sharia sensitive investors tend to park money with banks rather than investing in Islamic funds which constitute only 5.6% of the US$1 trillion industry

Asset Under Management to Total Banking Deposits AuM to Banking Deposits


200% 180% 160% 140% 120% 100% 80% 60% 40% 20% 0% 14% 2006 15% 2007 25% 29% 10% 2009 33% 10% 2010 USA 133% 171% 180% 144% 143%

Size of Fund Management Industry to Total Industry Size (2010)


Islamic Financial Services Industry

Total Industry Estimated Islamic Finance US$ 939 b Assets US$ 1,033 billion

Islamic Assets Managed US$321 billion 31%


Text

20% 9% 2008

Saudi Arabia

Malaysia

Other AuM includes off balance sheet direct investments managed by banks and investment companies and restricted profit sharing accounts Islamic funds represent only 5.6% of the total Islamic financial services industry

Islamic Funds 5.6%

Source: Central Banks Reports, Securities Commission Malaysia, DataMonitor, Eureka Hedge, Zawya, Ernst & Young analysis
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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Key messages
1.

Islamic funds industry benefited from performing markets in 2010 but global economic uncertainty risks recovery in the future
Islamic funds assets under management grew 7.6% to US$58 billion in 2010 but the performance will be difficult to repeat this year

2.

Sukuk, commodities and capital protected funds did well in 2010; bringing new money into high risk equities will remain a challenge
Investors remain cautious about investing in plain vanilla equity funds; recent decline in market prices has increased flow into money market funds

3.

Achieving scale is even more critical to ensure long term sustainability


Over 70% of fund managers fall below estimated break-even AuM level of US$100 million; big will get bigger as the going gets tougher to win investors trust

4.

Global economic scenario, investors risk aversion and political aftermath of the Arab Spring are the top three risks in Fund Managers minds
Leading fund managers rate the economic situation in Europe and the US as the single biggest concern on future market performance as no region or market will remain immune in case of a double dip recession
11

Equity funds performed in 2010 as markets recovered...but the future is likely to be volatile mainly due to economic problems in Europe and the US

Islamic and Conventional Indices


Index return

Islamic Equity Funds - Average Returns


Top Quartile Return Weighted Average Return 48.6 41.7

%
20 10 0 Dec 13 2010 Aug 13 2007 Aug 13 2009 - 10 - 20 - 30 - 40 - 50 - 60 Aug 13 2011 Apr 13 2011 Aug 13 2008 Dec 13 2007 Dec 13 2009 Aug 13 2010 Dec 13 2010 Apr 13 2009 Apr 13 2008 Apr 13 2010

% 60 50 40 30 20 10 0 -10 -20 -30 -40


MSCI World Islamic Index MSCI World Index Standard Core

17.4

20.9

13.2 4.4

2007

2008 -10.4

2009

2010

-41.8

-50

Source: MSCI, Zawya, Eurekahedge, Ernst & Young analysis


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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Note: Data includes returns of 254 funds

Equity dominates the overall AuM which remains concentrated in traditional asset classes

Assets Under Management of Islamic Funds by Categories (2010) Figures in US$b


1.1 5.3 5.7 6.8 7.8 58 2% 9% 10% 12% 13%

8.7

15%

22.6

39%

Equity

Commodities

Other*

Fixed Income

Real Estate

Money Market

Balanced

Total

Source: Zawya, Eurekahedge, Ernst & Young analysis *Note: Other includes alternative investments and feeder funds
13

2010 proved to be a record year for global Sukuk issues with over US$50 billion raised; Islamic fixed income funds continued to perform well

Global Sukuk Issuance


US$b Number

Islamic Fixed Income Funds - Average Returns


Top Quartile Return Weighted Average Return 16.5

60 50 40 30 20 10 0

450 400 350 300 250 200 150 100 50 0

% 18 16 14 12 10 8 6 4 2 0 -2

11.6 8.2 5.5 4.4 2.4 -0.1 2007 2008 2009 2010 3.4

MENA Sukuk Size

Rest of World Sukuk Size

Number of Sukuk

*Deals rumored/announced/delayed

Source: IFIS, Zawya Sukuk Monitor, Eurekahedge, Ernst & Young analysis
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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Note: Data includes returns of 49 funds

Global commodity prices continued to rise in 2010 albeit at a slower pace than in 2009; the surge in gold and silver prices accounts for more than 80% of the Islamic Commodity Funds performance
Merrill Lynch Commodity Excess Return Index Islamic Commodity Funds - Average Returns
Top Quartile Return Weighted Average Return

900 800 700 600 500 400 300 200 100 0 25-Feb-06 25-Feb-07 25-Feb-08 25-Feb-09 25-Feb-10 25-Oct-05 25-Oct-06 25-Oct-07 25-Oct-08 25-Oct-09 25-Oct-10 25-Feb-11 25-Jun-06 25-Jun-07 25-Jun-08 25-Jun-09 25-Jun-10 25-Jun-11

% 70 60 50 40 30 20 10 0 -10 -20

56.5

21.3

29.0

27.6 18.0

8.0 2007

2.5 2008 -15.1 2009 2010

Source: Merrill Lynch, Bloomberg, Eurekahedge, Zawya, Ernst & Young analysis

Note: Data includes returns of 13 funds


15

Money market funds lost some attraction as stability returned in 2010, but are likely to perform well going forward despite a low profit rate environment due to renewed worries on global financial situation
USD 3 Month LIBOR
%
7 6 5 4 3 2 1 0 3-May-05 3-May-06 3-May-07 3-May-08 3-May-09 3-May-10 3-May-11 3-Jan-05 3-Jan-06 3-Jan-07 3-Jan-08 3-Jan-09 3-Jan-10 3-Sep-05 3-Sep-06 3-Sep-07 3-Sep-08 3-Sep-09 3-Sep-10 3-Jan-11

Islamic Money Market Funds - Average Returns


Top Quartile Return % 7 6 5 4 3 2 1 0 -1 -2 -3 2007 2008 2009 -1.9 2010 3.4 2.5 1.7 6.5 5.6 4.1 5.5 Weighted Average Return

Source: Bloomberg, Eurekahedge, Zawya, Ernst & Young analysis


16
ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Note: Data includes returns of 28 funds

Property prices have stabilized in most markets or the sharp declines have been arrested; investors continue to remain cautious about investing in real estate

Global REIT Index


250

Islamic Real Estate Funds - Average Returns


Top Quartile Return Weighted Average Return

% 20 15

200

16.4 13.8 11.3 12.9

150

10 5 0

100

3.5 2007 2008 2009 -2.9

2.7 2010

50

-5
0 21-Feb-06 21-Feb-07 21-Feb-08 21-Feb-09 21-Feb-10 21-Oct-05 21-Oct-06 21-Oct-07 21-Oct-08 21-Oct-09 21-Oct-10 21-Feb-11 21-Jun-06 21-Jun-07 21-Jun-08 21-Jun-09 21-Jun-10 21-Jun-11

-10 -12.4 -15

Source: Bloomberg, Eurekahedge, Zawya, Ernst & Young analysis

Note: Data includes returns of 12 funds


17

Key messages
1.

Islamic funds industry benefited from performing markets in 2010 but global economic uncertainty risks recovery in the future
Islamic funds assets under management grew 7.6% to US$58 billion in 2010 but the performance will be difficult to repeat this year

2.

Sukuk, commodities and capital protected funds did well in 2010; bringing new money into high risk equities will remain a challenge
Investors remain cautious about investing in plain vanilla equity funds; recent decline in market prices has increased flow into money market funds

3.

Achieving scale is even more critical to ensure long term sustainability


Over 70% of fund managers fall below estimated break-even AuM level of US$100 million; big will get bigger as the going gets tougher to win investors trust

4.

Global economic scenario, investors risk aversion and political aftermath of the Arab Spring are the top three risks in Fund Managers minds
Leading fund managers rate the economic situation in Europe and the US as the single biggest concern on future market performance as no region or market will remain immune in case of a double dip recession

18

ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Scale remains a key issue for the Islamic fund industry worldwide; only 30% of Islamic fund managers have more than US$100 million in AuM and top 10 have ~80% market share
Number of Islamic Fund Managers by Assets Under Management (2010)
64% of Fund Managers have less than US$75m AuM 79

32 18 10 20 9 11 22

< 25

25 -50

50 -75

75 -100

100 -200

200 -300

300 -500

> 500

Total AuM (US$m)

Source: Eurekahedge, Zawya, Ernst & Young analysis

19

A comparison with conventional investment managers reflects the infancy stage of the Islamic funds industry; the top 25 conventional fund manager is 50 times the size of the largest Islamic fund manager
Top 25 Global Asset Managers (2009)
BlackRock State Street Global Allianz Group Fidelity Investments Vanguard Group AXA Group BNP Paribas Deutsche Bank JPMorgan Chase Capital Group Bank of New York Mellon Credit Agricole UBS Goldman Sachs Group HSBC Holdings Bank of America Natixis Legg Mason Prudential Financial Northern Trust Global Generali Group Aviva Wells Fargo Franklin Templeton MetLife 0
Source: Towers Watson
20
ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

AuM US$b

500

1000

1500

2000

2500

3000

3500

4000

A 30% compression in management fee since 2007 has added to Islamic fund managers worries in an already tough market; achieving an optimum AuM size and efficiency of operations are needed for survival
Average Management Fee of Islamic Funds
10.00%

High

5.50%

Average 1.44%

2.00% 1.39% 1.20%

2.00%

1.75%

1.15%

1.00%

Low

0.03%

0.30%

0.35%

0.05%

0.50%

2007

2008

2009

2010

Q1 2011

Source: Zawya, Eurekahedge, Ernst & Young analysis

Note: Data includes stated management fees of 369 Islamic funds


21

Based on the average asset management fee of 1%, AuM of at least US$100 million is required for a fund manager to break-even

Break Even Management Fee for Selected AUM Levels Assets Under Management (US$m)
200 175 150 125 100 75 50 25 0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0
Industry Average Management Fee

Management fee (%)


Source: Industry interviews, Annual Reports, Ernst & Young analysis Note: The methodology for the breakeven calculation is based on the average annual operational costs for listed equity mutual funds. It is important to note that costs/AuM will vary for more sophisticated asset classes

22

ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

The fundamental case for Islamic funds industry remains strong; Muslim populations are growing globally and an estimated 1.5 billion Muslims constitute ~20% of world population
Global Estimated Muslim Populations in 2010

Turkey ~74m Egypt ~80m

Iran ~74m

Estimated Muslim Populations in 2010


100m + 50 - 100m 10 50m 5 10m 1 5m Under 1m

Algeria ~34m

Morocco ~32m

Malaysia ~17m GCC ~36m Nigeria ~75m Pakistan ~178m India ~177m Indonesia ~204m

Bangladesh ~148m

Source: Pew Research Center, Ernst & Young analysis


23

Also, per capita income in key Muslim countries is increasing, giving rise to wealth management opportunities

Nominal GDP per Capita (US$) 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 2010 2014 US$

Source: Global Insight


24
ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Key messages
1.

Islamic funds industry benefited from performing markets in 2010 but global economic uncertainty risks recovery in the future
Islamic funds assets under management grew 7.6% to US$58 billion in 2010 but the performance will be difficult to repeat this year

2.

Sukuk, commodities and capital protected funds did well in 2010; bringing new money into high risk equities will remain a challenge
Investors remain cautious about investing in plain vanilla equity funds; recent decline in market prices has increased flow into money market funds

3.

Achieving scale is even more critical to ensure long term sustainability


Over 70% of fund managers fall below estimated break-even AuM level of US$100 million; big will get bigger as the going gets tougher to win investors trust

4.

Global economic scenario, investors risk aversion and political aftermath of the Arab Spring are the top three risks in Fund Managers minds
Leading fund managers rate the economic situation in Europe and the US as the single biggest concern on future market performance as no region or market will remain immune in case of a double dip recession
25

Fund managers rate global economic situation and investors risk aversion as key business risks for the next 12-18 months; a comeback to 2009?

Business Risks - Islamic Funds and Investments Industry

Key Business Risks 2011/12 1 Global economic downturn Investors risk aversion 3 3 4 5 Political concerns in the region Operational flexibility Cost management 4 5 6 1 2 2

Key Business Risks 2010 Decline in investors trust Risk management enforcement Operational flexibility Increased regulatory focus Cost management Global economic downturn 1 2 3 4 5 6

Key Business Risks 2009 Global economic downturn Prolonged reduction in investors' risk appetite Valuations Risk management enforcement Decline in investors trust Business model redundancy

Source: Industry interviews, Ernst & Young analysis


26
ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Conclusion
The gradual recovery in Islamic funds industry in 2010 will be seriously tested going forward by weakening global economic situation Fixed income, commodity and money market funds are likely to be Islamic investors focus in an uncertain market Islamic fund managers have to achieve scale or perish

27

Appendix 1: Q&A with Islamic fund managers

28

ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Q&A with Islamic fund managers Hear it from the horses mouth

Q: What market changes do you foresee in the near future?


In the next 2-5 years, we do not foresee a dramatic change in the GCC market, unless the institutional sector, sovereign wealth funds, pension funds, Takaful companies, etc. come into the Islamic funds market in a big way Fund Manager, GCC

Fund managers have been forced by the market to become more transparent. They are working on improving compliance, internal audit systems and risk management, and also on projecting this change to their clients Fund Manager, Kuwait

Source: Industry interviews


29

Q&A with Islamic fund managers Hear it from the horses mouth(contd)

Q: What would you like to see change in the industry to ensure sustainable long term growth?
Four factors involvement of institutional players, asset managers performance track record, availability and distribution of products, passage of time Fund Manager, GCC

Further improvement in regulatory environment; KSA is a case in point where appropriate regulatory response has helped the industry tremendously - Fund Manager, Kuwait

Source: Industry interviews


30
ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Q&A with Islamic fund managers Hear it from the horses mouth(contd)

Q: What are some of the key issues in the industry at present?

Islamic funds are built for domestic clientele, they are not sellable globally, limiting customer base Fund Manager, GCC

Institutional players like large conventional fund managers (from the supply side) and Sovereign Wealth Funds (from the demand side) have not entered the Islamic funds market in a meaningful manner - Fund Manager, GCC

Source: Industry interviews


31

Q&A with Islamic fund managers Hear it from the horses mouth(contd)

Q: What is your perspective on the Islamic funds industry?

The success of Islamic funds industry should be assessed on a market to market basis. For example, Islamic funds are more popular than conventional funds in both Malaysia and Saudi Arabia Fund Manager, GCC

Boutique asset managers are not primary targets for M&A because they have not been successful - Fund Manager, KSA

Source: Industry interviews


32
ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Appendix 2: Islamic fund characteristics

33

Key Differences Between a Conventional Fund and a Shari'a Compliant Fund

Shari'a compliant funds must appoint at least three Shari'a scholars to the Sharia Board according to AAOIFI standards The scholars are responsible for issuing Fatwas related to the permissibility of the fund structure and investments

Screening must be performed to ensure compliance with Shari'a The first level of screening removes any companies involved in non-Shari'a compliant industries and businesses The second level of screening involves removing companies with financial ratios exceeding the acceptable levels

Non-Shari'a compliant income must be purified Shari'a board input is essential in determining the type of income to be purified Purification is through donation to charitable institutions

Appointment of a Shari'a Board Shari'a Compliant Investment Key Differences The Purification of Income

In case of a failed trade, interest cannot be charged An alternative approach such as the imposition of a fee may be allowed

Conducting regular Shari'a audits for the fund is crucial to ensure compliance with Shari'a The Shari'a audit can be performed by the Shari'a board or an external third party

Shari'a Audit Custody of Assets

Failed Trade

The The

custodian does not have to be an Islamic institution but must adhere to Shari'a principles administrator must prepare fund accounts in accordance with AAOIFI standards

34

ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Appendix 3: Jurisdiction overview domicile of choice for Islamic funds

35

Islamic funds industry is concentrated in the GCC and Malaysia but choices of fund domicile vary
Global Islamic Funds by Home Country of Asset Manager (Q1 2011)

.3 .1

.1 9

.1
.6

USA ~3.5
.2

Islamic AuM by Country (US$b)


10+ 1 10 0.5 1 0.1 - 0.5 0.01 0.1

.1 1

.7

.1

.2 .2

4.4

KSA ~20.1 Bahrain ~2.1


.1 .8

Kuwait ~2.6 UAE ~0.6

Malaysia ~5.6
.7 .3 .7 .1

Source: Eurekahedge, Zawya Funds Monitor, Ernst & Young analysis


36
ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Note: Funds per country include those managed by players headquartered in that respective jurisdiction. Boxes show total AuM of Islamic funds in US$.

Financial centers across the globe are vying to become domiciles of choice for Islamic funds

Ireland US$ 0.22b 8

Malta* -

Bahrain US$ 1b 46 Dubai (UAE) US$ 0.51b 14

Luxembourg US$ 0.46b 29

Malaysia
US$ 5.0b 171

Cayman Islands US$ 4.13b 57 Saudi Arabia US$ 19.9b 225 Mauritius US$ 0.14b 3 Singapore US$ 0.72b 10

Estimated Islamic AUM (US$b) Estimated Number of Islamic Funds


*Currently applications for Islamic funds are under review Source: Eurekahedge; Zawya; Ernst & Young analysis

37

Jurisdiction Overview

Bahrain
The government is keen to promote Bahrain as the centre of excellence for Islamic funds and has been very flexible and open to increasing the range and number of Collective Investment Schemes domiciled and operating in Bahrain. The country also has a strong Islamic finance infrastructure in place; it is home to Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and International Islamic Financial Market (IIFM). Currently, Bahrain has a total of US$ 2.15 billion in Islamic assets under management.

Cayman Islands
The Cayman Islands, the most recognized offshore financial center for fund establishment, has also become popular for Islamic funds. It offers a reliable legal system, availability of world-class professional services, an anti-money laundering and well-regulated culture, mechanisms to ensure speed of establishment and flexibility in fund structures and products. In addition, funds are allowed to submit financial statements and notifications in Arabic. Cayman Islands has a total of US$ 4.6 billion Islamic assets under management.

Regulations & Licensing Process


The Central Bank of Bahrain (CBB) is the primary regulator of Bahrains asset management industry. The Collective Investment Undertakings (CIU) Module in the CBB Rulebook (Volume 6) lays out the regulatory framework for both Islamic and conventional funds. CIUs are classified as retail CIUs and expert CIUs. Expert CIUs are designed to cater to individuals, companies, partnerships and trusts with financial assets more than US$ 100,000. CBB licensees eligible to market funds in Bahrain are conventional banks, Islamic banks and investment business firms. Wholesale banking institutions are not allowed to deal with retail investors.

Regulations & Licensing Process


The Cayman Islands Monetary Authority (CIMA) is the regulatory body for the financial services sector. All registered funds in the Cayman Islands are governed by the Mutual Funds Law. The Mutual Funds Law covers companies, unit trusts and partnerships that issue equity interests. The licensing process and regulatory guidelines are the same for Islamic funds as they are for conventional funds.

Tax and Cost Incentives


Income from all forms of CIUs registered in Bahrain is tax-exempt. Each Bahrain domiciled retail CIU authorized by CBB is subject to an annual fee of BD 2,000. In case of umbrella funds, each sub-fund is also charged BD 2,000 per annum.

Tax and Cost Incentives


A Cayman Islands domiciled fund can obtain an undertaking from the Government that for a period of twenty years (in case of a company) or fifty years (in case of a trust or a partnership) from the date of the undertaking, no law which is enacted in the Cayman Islands imposing any tax on such profit, income, capital gains or appreciations will apply to such a fund. The annual licensing fee for a fund is US$ 3,000.

Approximate Timeline to Launch


The license application processing may take 60 calendar days depending on the completion of information. On average, the whole process is estimated to take between 3 to 6 months.
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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Approximate Timeline to Launch


The process of incorporating and registering a fund (including the time that it will take to settle the fund's offering document and draft the fund's constitutional documents), generally takes 3-5 weeks from start to finish.

Jurisdiction Overview

Dubai (UAE)
Dubai International Financial Centre (DIFC) has been established with the objective to position Dubai as a recognized hub for institutional finance. The positive regulatory features for fund registration offered by DIFC include permission of 100 per cent foreign ownership, no restrictions on capital/profit repatriation, high regulatory standards, strict supervision and enforcement of money laundering laws. Further cutting down of costs for fund management is under consideration to increase its attractiveness. Currently, DIFC has a total of US$ 0.58 billion in Islamic assets under management.

Ireland
The Irish government in its endeavor to project Dublin as a global centre for Islamic funds has been organizing seminars to educate prospective managers on the benefits of domiciling their fund in Ireland. Irelands reputation as a domicile of choice has been driven by the enormous wealth of expertise across the entire service provider community including firms providing back and middle office support, investment managers, lawyers, auditors, the Irish Stock Exchange and other industry specialists. Currently, 24 Islamic funds are domiciled in Ireland with an estimated AUM of US$ 0.23 billion.

Regulations & Licensing Process


Dubai Financial Services Authority (DFSA) is the primary regulator for conventional and Islamic funds. The Collective Investments Law as part of the DIFC regulations provides the operational framework for the asset management industry. Within the Collective Investments Law special provisions have been added for Islamic funds. These are broadly similar to those for Islamic financial institutions which include the appointment of a Sharia Supervisory Board as well as additional disclosures in the fund prospectus.

Regulations & Licensing Process


The Irish Financial Services Regulatory Authority (IFSRA) is the single regulator for all financial institutions. The IFSRA is seen as a constituent part of the Central Bank and Financial Services Authority of Ireland. Funds are classified into UCITS and non-UCITS. UCITS funds are governed under the EU legislation for such funds structured to provide passport to EU to target retail investors. Non-UCITS funds are governed under local Irish fund regulations and allow targeting retail as well as institutional investors.

Tax and Cost Incentives


Funds registered in the DIFC are tax-exempt. Moreover, a wide network of double taxation treaties is available to UAE incorporated entities. Annual license renewal fee applicable to funds registered in DIFC is US$ 12,000.

Tax and Cost Incentives


A fund that is authorized/domiciled in Ireland is not subject to Irish tax. Non Irish resident investors that have completed a non Irish residency declaration on acquiring units in the fund will receive dividend payments or redemptions/sales without deduction of any withholding tax. Annual license fee is around US$ 1,900 per fund for up to 5 sub-funds.

Approximate Timeline to Launch


The authorization process is estimated to take around 2 months from the application date. Timeline is sensitive to timely submission of information by applicants and any responses to requests for further clarification.

Approximate Timeline to Launch


Timeline for a qualified investment fund is highly expedited at 24 hours. Other funds take an average of 4-6 weeks.
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Jurisdiction Overview

Luxembourg
Luxembourg is being promoted aggressively by the government as a European hub for Islamic funds. The regulator is recognized for having a highly proactive and flexible attitude towards the launching of funds. Currently, Luxembourg has a total of US$ 0.58 billion Islamic assets under management.

Malaysia
Malaysia established the Malaysia International Islamic Financial Centre (MIFC) in 2006, which was an initiative undertaken by the government, regulatory authorities and the private sector to jointly project Malaysia as a global hub for sukuk origination, Islamic fund management, Islamic banking, Takaful and human capital development. Currently, Islamic funds registered in Malaysia have total assets under management of US$ 5.1 billion.

Regulations & Licensing Process


The CSSF, Commission de Surveillance du Sector Financier, is the regulator for the asset management industry. Funds may be set up under Part I or II of the 2002 Investment Funds Law, as well as under the 2007 Law related to the Specialized Investment Funds (SIF) or as unregulated structures. No specific laws or amendments are needed for Shari'a compliant funds in Luxembourg. Similar to conventional funds, Shari'a-compliant funds are required to satisfy the basic requirements of the Investment Funds Law of 2002 and the CSSF regulations to secure authorization and approval to launch a Sharia-compliant fund.

Regulations & Licensing Process


Investors have the option of either setting up an Islamic fund under the Malaysian Securities Commission ('SC'), or an offshore Islamic fund under the Labuan Financial Services Authority ('LFSA'). Both SC and LFSA fall under the auspices of the MIFC. Islamic funds also have to comply with additional guidelines and rulings imposed by the SC or LFSA. The license application is a two-stage process, which consists of an establishment stage and a licensing stage. Upon obtaining an approval in principle for the establishment of an Islamic Fund Management Company (IFMC), applicant must then submit an application for a fund manager license.

Tax and Cost Incentives


Luxembourg is a tax-efficient jurisdiction which offers various financing and cash repatriation instruments. Specifically, fund vehicles are exempt from taxation in Luxembourg. Annual license fee is 2,650 for a single fund under the 2002 Investment Funds Law. It is 1,500 for a single fund under the SIF law of 2007.

Tax and Cost Incentives


Under MIFC, there is an income tax exemption on all income derived from a business of providing fund management services to local and foreign investors up to 2016. Annual license fee for a fund operating outside Labuan is RM 10,000 and operating in Labuan is RM 5,000.

Approximate Timeline to Launch


Typically, it should take no more than 6-8 weeks in setting up a UCITS Fund and 4-6 weeks in setting up a SIF Fund. However, the timing is dependent on pre-launch preparation and the completion of required documentation.
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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Approximate Timeline to Launch


Approval in principle for the establishment of an IFMC (Stage 1) would normally take up to 6 months while the licensing approval (Stage 2) may take another 6 months.

Jurisdiction Overview

Malta
The Maltese government has expressed a specific interest in promoting the launch of Islamic funds. Recently through the issuance of a Guidance Note for Shari 'a-compliant funds the regulator, Maltese Financial Services Authority (MFSA), has laid out the details of the support to parties looking for a suitable domicile to launch an Islamic fund. A number of registration applications for Islamic funds have been received so far.

Mauritius
The Mauritian government in collaboration with the private sector has been involved in projecting Mauritius as an ideal location for the development of Islamic finance and Islamic fund management. In 2007, the Finance Act 2007 amended the Banking Act 2004 to facilitate Islamic banking and finance by Mauritian commercial banks. Currently, Mauritius has total assets under management of US$ 0.12 billion.

Regulations & Licensing


The Maltese Financial Services Authority (MFSA) is the regulatory body overseeing the asset management space in Malta. Given the relatively small size of the country the regulator is readily accessible, active in issue resolution and highly responsive to investor queries. This makes the licensing process fast and smooth. The act governing the launch of Islamic and conventional funds is the Investment Services Act. Funds are divided into retail investment schemes known as professional investor funds. UCITS platform is available for Shari 'a-compliant funds as a passport to European retail investors.

Regulations & Licensing


The Financial Services Commission is the primary regulator for the asset management industry. Separate categories of licenses are available for off-shore and on-shore funds. Off-shore funds have to apply for a Category 1 Global Business License (GBL 1) while an on-shore fund falls under Category 2 Global Business License (GBL 2). In case of listing, the fund needs to additionally comply with the Securities Act 2005.

Taxation and Cost


Collective Investment Schemes (CIS), under which category Islamic funds fall, are tax-exempt. Annual fee for professional investor funds and retail investor funds is 1,500 and 1,630 respectively. Varying incremental rates apply for additional sub-funds.

Taxation and Cost


GBL1 funds are subject to a minimum of 3% tax and can apply for a foreign tax credit. GBL 2 funds are subject to a tax rate of 15%. Annual license fee is US$ 10,000.

Approximate Timeline to Launch


Retail fund launch is expected to take between 2-4 months. Professional investor funds are expected to take 3-7 days. Variation in timing is dependant on the quality of information provided to the regulator.

Approximate Timeline to Launch


The registration and launch process for a fund in Mauritius is expected to take around 4-6 weeks.

41

Jurisdiction Overview

Saudi Arabia
In 2005, the regulatory authority passed a regulation calling for the separation of asset management and investment banking operations into distinct business entities. Saudi Arabia has Islamic funds with AUM of US$ 22.7 billion.

Singapore
Singapore, as an established financial services centre in the Far East region, has a well-defined framework for fund management. Over the years, Singapore has revised its regulatory framework and tax structure to facilitate various Shari' a-compliant financial products. Islamic funds domiciled in Singapore have total assets under management of US$ 0.76 billion.

Regulations & Licensing Process


Capital Market Authority (CMA) is the regulatory body overseeing the asset management industry. The Investment Funds Regulations issued by the Board of CMA are applicable to both conventional and Islamic funds. Under the Investment Funds Regulations the permitted fund categories include funds created to invest in foreign funds, Specialized Investment Funds, fund of funds and money market funds.

Regulations & Licensing Process


The Monetary Authority of Singapore (MAS) is the primary regulatory body for the fund management industry. There is no segregation between Islamic and conventional funds from a regulatory perspective. Regulations relating to Collective Investment Schemes (CIS) are addressed in Part XIII Offers of Investments of the Securities and Futures Act (SFA). Under SFA two forms of schemes are allowed: retail schemes, targeting retail investors, and restricted schemes, targeting sophisticated / institutional investors.

Tax and Cost Incentives


Local fund managers are subject to 2.5% Zakat. In case of foreign ownership the fund is subject to tax at a rate of approximately 20%.

Tax and Cost Incentives


Onshore funds are subject to taxation of 20%. Offshore funds, under a taxexemption scheme, are exempt from taxation if 80% of the value of the fund is contributed by foreign investors. Annual license fee for the fund is S$ 4,000.

Approximate Timeline for Launch


Typical time period for registration is from 2-4 months. Delays in registration are primarily due to incomplete paperwork as per the requirements of the CMA.

Approximate Timeline for Launch


Typical time period for registration is within 14-21 days of application submission.

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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Team and references

43

Ernst & Youngs Leadership Team - Islamic Funds and Investments Report

Islamic Finance Leader MENA* United Kingdom Luxembourg Malaysia

Ashar Nazim Sohaib Umar Ken Eglinton Pierre Weimerskirch Abdul Rauf Rashid

+973 1751 2808 +973 1751 2807 +44 207 951 2061 +352 42 124 8312 +603 7495 8728

ashar.nazim@bh.ey.com sohaib.umar@bh.ey.com keglinton@uk.ey.com pierre.weimerskirch@lu.ey.com abdul-rauf.rashid@my.ey.com

* Middle East and North Africa


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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

The reports methodology and our interviews

Survey Methodology Our survey sought to identify key trends and business risks for the global Islamic asset management industry through in-depth interviews with executives and industry observers. These discussions were used to gauge business sentiment and identify key areas for inquiry. Interviews were conducted in March and April of 2011. Interviews centered on four main topics of discussion, namely: State of the industry Demand side factors Supply side dynamics Business risks

Business Risk Ratings Ernst & Young subject matter experts developed a list of Islamic asset management business risks and contributing factors. All interviewees were provided with this list of business risks and requested to rate each to reflect its severity to their respective business over the coming 12 months. Interviewees were also asked to add any additional risks they felt were important. The results of this rating process were tallied and a relative ranking assigned to each. This rank formed the basis for our comparative study with 2009 and 2010 results. Acknowledgement, Anonymity and Quotes We would like to thank all those interviewees that agreed to contribute to our report. Quotations have been used to support arguments made in the report.

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References and the Project Team

Sources (in alphabetical order)


Ernst & Youngs Project Team Ashar Nazim Sohaib Umar Sana Mirza
For questions or comments, please contact Sohaib Umar at +973 1751 2807 sohaib.umar@bh.ey.com

Bloomberg Central Banks Websites Company Annual Reports Datamonitor Global Wealth Model EFAMA Eurekahedge Global Insight Investing in the GCC Markets: New Opportunities in a Changing Landscape Investment Company Institute Islamic Finance News Merrill Lynch National Mutual Fund Association Pew Research Center Watson Wyatt World Wealth Report 2010 Zawya

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ISLAMIC FUNDS & INVESTMENTS REPORT 2011: AChIEVING GROWTh IN ChALLENGING TIMES

Shaping the Future of the Global Islamic Finance Industry Since 1993 2 Decades of Supporting the Market Leaders MEGA is the leading international information firm focused on achieving business results for the Islamic banking & finance industry since 1993. Our exclusive focus on Islamic finance has enabled us to create significant value for the leading players in the Islamic banking, finance and investment markets. The portfolio of MEGA brands represents the landmark industry conferences and our clients are the leading players in the international financial markets. Partnering with Governments and the Industry Thought Leaders Our Strategic Partners are world leaders in their respective fields and include key government finance and regulatory agencies such as the Central Bank of Bahrain, Dubai International Financial Centre, UK Trade & Investment, the Monetary Authority of Singapore and the Economic Development Board of Bahrain. These and our other strategic alliances with international thought leaders including Ernst & Young and global strategy advisory firm McKinsey & Company further strengthen MEGAs brand leadership position by providing original new research insights on the Islamic finance industry worldwide. Investing in Our Brands: Number 1 in Each of Our Markets MEGA continues to grow its portfolio of Islamic finance brands to further extend our leadership position across the Banking, Takaful, Funds, Capital Markets, and Project Finance segments. Each brand is successfully developed over many years in order to further cement its number 1 position in its respective market. In 1994 we founded the World Islamic Banking Conference (WIBC), which at the time was one of the first conferences in the world to focus on this nascent industry. That first year we had 120 pioneering delegates and one sponsor. Today, fast approaching 2 decades later and with more than 1,200 delegates from over 50 countries attending the conference each year, WIBC is an iconic brand internationally recognised as the worlds largest gathering of Islamic finance leaders. A World Stage: Genuinely Global Dialogues MEGA brands have a genuinely global reach across the Islamic finance industry. An initiative to further broaden this international representation The World Comes to WIBC was launched at WIBC 2007 and has grown to now feature a British Pavilion led by UKTI and comprising 18 British-based banks. 2008 saw us further extending this programme to Asia, in partnership with the Monetary Authority of Singapore, which resulted in a high-profile Singapore delegation led by the MAS Governor. A number of leading international Islamic banking groups also now convene their annual board meetings along the sidelines of WIBC. Understanding Client Needs & Delivering Long-Term Value MEGAs leadership position has come as a result of our relentless focus on the constantly changing needs of our clients as the Islamic finance industry has grown and matured. Whether it be the challenges of launching a new bank, a new investment fund, an innovative new retail financial product or raising corporate profile in a key target market, we ensure that our offerings are closely aligned to the immediate business priorities of our clients. Then we make sure that we deliver on our promises and that is why the market leaders come back and work with us year after year. Our genuine value creation is highlighted by our long-term relationship with Ernst & Young who have worked with us continuously since the inception of the World Islamic Banking Conference 17 years ago - and who are also now our partners across the portfolio of MEGA brands.

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MEGA is the market leading business information firm focused on achieving business results for the global Islamic banking & finance industry since 1993. The portfolio of MEGA brands represents the landmark industry conferences and our clients are the leading players in the international financial markets.

2011 The Ernst & Young Islamic Funds and Investments Report is documented for the World Islamic Funds and Financial Markets Conference. No part of this document may be republished, distributed, retransmitted, cited or quoted without the prior written permission from MEGA.

WIFFMC is a MEGA Brand MEGA Brands: Shaping the Future of the Global Islamic Finance Industry Since 1993 P.O. Box 72045, Dubai, UAE | t. +9714 343 1200 | f+971 4 343 6003 MEGA Brands. MEGA Clients. Market Leaders. www.megaevents.net

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