Russian legislative base for sukuk issuance Dmitry Dembich Partner
2 No specific local regulation Use of cross-border structures Typical problems for cross-border deals
Russian law issues –Underlying asset regulation –Asset transfer issues –Russian withholding tax issues 3
Sukuk-al-Ijara Investors Originator (Seller) Originator (Lessee) Originator (Service Agent) Originator (Obligor) SPV 4
Sukuk-al-Wakala 5 Investors Investment Portfolio Originator (Wakil-Agent) Originator (Seller) Originator (Obligor) SPV
Opportunities under Russian law –Federal law № 379-FZ (“Securitization law”): –Securitization of any underlying assets –Special status of issuer (SFO) –“True sale” opportunities –Security (immovable property or rights of demand) –Fund Units 6
Possible two-tier structure OriginatorSFOSPVInvestors 7
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