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The Shariah Committee of the Securities and Exchange Organization of Iran (SEO) released its view on Wekala Bonds.
In these bonds, the investors provide their financial resources in the form of a power of attorney contract (Wekala contract), and they, as the lawyers of the bond holders, allocate the resources resulting from the issuance of bonds for economic activities. The applications of these bonds can be divided into four parts;
. Financing the subsets of a project-oriented company
. Financing the subsets of a holding or investment company
. Financing the enterprises by an investment bank
. Financing the customers by a leasing company (under the title of trust agency bonds)
Bond Issuance Structure
The economic activities characteristics shall be specified at the beginning of the contract for the issuance of Wekala bonds.
After collecting the funds, the originator can conclude the following contracts with the applicants for financing on behalf of thems:
. Istisna contract conclusion for construction
. Conclusion of Murabahah and Ijarah contracts under the condition of ownership to supply raw materials, machines, facilities, land and building
. Conclusion of debt purchase contract, forward and sales and Ijarah contracts under the condition of ownership to provide liquidity
If Wekala bonds are for financing companies a subset of a holding, in order to avoid Beyalyaaneh (بیع الیعنه) transactions, there shall not be the same ownership between the applicant for financing and the seller.
If the collected funds have been deposited during the issuance of bonds and granting of the facility, the profit from the deposit belongs to the bond holders.
It is possible to use buying option and embedded selling contracts in the bond structure.
Payment of Rate of Return
The rate of return of intra-period can be paid on account. But at the maturity, the definite rate of return shall be calculated and the difference shall be paid to the investors.
The guarantor can guarantee the payment of the principal and profit for the obligation to pay the unpaid installments.
Attorney’s Fee
The payment of attorney's fees can be in the form of a fixed fee (based on a certain percentage of the nominal amount of the bonds), stepped (according to the definition of several steps with different percentages between the on account rate of return and the realized rate of return) or a combination of fixed and stepped fees.
Bonds guarantee
The guarantor can guarantee the payment of the principal and profit for the obligation to pay the unpaid installments. Also, this guarantee can be done by the originator.
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