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Transcript of IB 1006 Islamic REITS Prof. Dr. Saiful Azhar Rosly International Center for Education in Islamic...
IB 1006 Islamic REITS
Prof. Dr. Saiful Azhar RoslyInternational Center for Education in Islamic Finance (INCEIF)
IslamicFinancialSystem
IndirectFinancial
Market
DirectFinancial
Market
Islamic Bond
Market
IslamicEquityMarket
FinanceCompanies
CommercialBanks
UnitTrusts
Takaful
IslamicFinancialMarket
Islamic Financial SystemDefinition: Quranic rules and Regulations (Divine values) that govern the flow of funds from thesurplus spending unit (SSU) to thedeficit spending unit (DSU).
DeficitSector
SurplusSector
IslamicMoney Market
CAPITAL MARKET
Islamic REITS
Merchant banks
LIMITED RESOURCESUNLIMITED
DESIRES
SCARCITY
PROBLEM OF CHOICE
KNOWLEDGE
BASIC ECONOMIC PROBLEMS
P1: What to produce? How much?
P2: How to produce?
P3: How to reward factor inputs?
P4: How to control inflation and unemployment? P5: How to attain positive growth?
Scarcity requiresman to be efficientin utilizing resources
We cannot afford towaste resources under scarcity
Inefficiency due tomisallocation of resourcescan create1. Poverty2. Inflation3. Unemployment4. Negative growth
REVELATION• Quran•Hadiths
REASON/DEDUCTION(Istiqra’)
SENSES/INDUCTION (Istinbat)
ISLAMICECONOMICS
Human Behaviour Choice &
Action
Based onNon-Observable
Foundations(DIVINE)
Based onObservableFoundations(SCIENCE)
IslamicWorldview
Concept of
GodDinMan
SocietyUniverse
Prophethood
RukunIman
RukunIslam
Fard ‘Ayn(Obligatory knowledge)
Reason
Facts
Dunya (World)Scarcity
Alam Barzakh(Life in the Grave)
Mother’s Womb(Alam Rahim)
PrimordialStage (Alam Ruh)
Hereafter(Akhirah)
The Muslim Mindset
Stagesof Existencefrom Islamic perspective
ISLAMIC REITS: OBJECTIVES Shariah aspects – Equity Objective
- Observing the Purpose of Shariah (Maqasid Al-Shariah)- Application of Islamic Contracts- 20% cap on non-Shariah permissible trades
Operational (Tabi’) aspects – Efficiency Objective-Yield- Management Fees-Tax -Business strategies such as investment, operating, acquisition and capital management strategies - to improve yield-Marketing-Risk
Principles of Islamic Finance
1. Shari’ Principles – Equity objective e.g. Halal & HaramDOING THE RIGHT THING
2. Tabi’ Principles – Efficiency objective
DOING IT RIGHT
Islamic Financial System is based on Divine Values
These Divine values are put together under 5 basic principles
SHARIAH PRINCIPLES IN FINANCIAL TRANSACTIONS
Principle #1 : Prohibition of riba Principle #2: Application of al-bay’ (trade
and commerce) Principle #3: Avoidance of gharar
(ambiguities) in contractual agreements
Principle #4: Prohibition of maisir (gambling) Principle #5: Disengagement from production of
impure commodities.
SHARIAH – Divine Values
SHARIAH OF ISLAM
AQIDAH (FAITH)Rukn Iman
Belief in God, the Angels, the Prophets, the Holy Books,
and Predestination
AKHLAK (ETHICS AND MORALITYKnowledge of Conducts
Virtues and Vices
MAN AMONG MANCriminal Law, family LawLaws of Contract, etc.
MUAMALAT(INTERACTIONS)
GOD AND MAN Rukn Islam
SHARIAH
Purpose of Shariah: PROTECTION OF PUBLIC INTEREST
1. Preservation of benefits – The Permissible (Halal)
2. Prevention of harm – The Prohibited (Haram)
SHARIAH PRINCIPLE #1
Prohibition of interest as ribaNo contractual guarantee(s) on investments
“They say: Trade is like riba” (Qalu Innamal bay’u mith lurriba)
“ The Quran says: Allah has allowed al-bay’ but prohibits riba”(waahalallah ul bay’ wa haramu riba)
(Al-Baqarah :275-278)
SHARIAH PRINCIPLE #2
Application ofAl-Bay’Profit creation with equivalent counter-value (‘iwad)
eg. no risk no gain
risk = ‘iwadgain = profit
Principle Components of ‘iwad
1. Risk-taking(Al-Ghorm bil Ghonm)
2. Value-addition
3. Liability(Al-Kharaj Bil Daman)
MAISIR: Game of Chance
Excessive risk Earnings arising from mere chance (aleotary) and not
by way of knowledge, skills and value-addition The probability of winning is very remote Zero-sum game
One party wins and the other losses Aleotary – outcome arising from pure chance alone Making bets with an expectation to win Bets and winnings are hugely disproportionate
Islamic Finance Principles No profit can be created without risk-taking. Islamic financial transactions are based on valid
contracts The Purpose of the Shariah (Maqasid al-Shariah) is
strictly observed:
Purpose of Shariah: PROTECTION OF PUBLIC INTEREST1. Preservation of benefits – The Permissible
(Halal)2. Prevention of harm – The Prohibited (Haram)
Islamic Finance Corporate Finance
Sukuks, Islamic Private Debt Securities, Islamic REITS, Islamic Unit Trusts
Consumer FinanceMurabahah, Ijara
Enterprise Finance – Small & Medium Sized EnterprisesMudaraba, Musyarakah
Microfinance Public Finance
‘Allah has allowed trading and commerce (al-bay’) but prohibits riba” (Quran: Al-Baqarah 275)
Islamic Banking = Trading & Commerce
“Allah has allowed AL-BAY’ but prohibits RIBA”AL-BAY’(TRADE & COMMERCE)
Contract of ExchangeUqud al-buyu’
Forward Sale
Al-Bay
Al-Mudharabah(Trustee Partnership)
Contract of Profit-SharingUqud al-Istiraq
Contract SaleExchange Goods for Money
Salam
Al-Shirka(General Partnership)
Contract of SaleExchange Services for Money
Istisna’
IjarahWakalahKafalah
Al-MurabahahCredit sale
Spot Sale with mark-up(Al-Murabahah)
Bay’al-musawaammahBay Wadhiah, Mutlak
Deferred SaleBay’ Muajjal
Bai-Bithaman Ajil
Pillars of Contract (AQD)
Agents of Contract - rational Objective of Contract – transfer of
ownership Price – stated on the spot Subject matter - halal Offer & Acceptance
Multi-dimentional view of Al-Bay
RISK(al-ghorm bil ghonm)
EFFORT
RESPONSIBILITYAl-kharaj bil daman
IWAD AQAD
Islamic REITS: Basic Issues Objective Structure Regulatory Regime General Benefits Investors Comparison with Alternative Investment Fees and Charges Performance Indicators
Objective of an Islamic REITS To provide unit holders with a stable distributions per
unit with the potential for sustainable long-term growth of such distributions.
How?
By optimizing the performance and enhancing the overall quality of a large and geographically diversified portfolio of Shariah-Compliant real estate assets through various permissible investments and business strategies.
Fund Manager / Distributor
Name of Fund
Country Size(USDm)
Type Investor Advisor Description
Guidance Financial Group
Guidance Fixed Income Fund
USA 200 Residential Freddie Mac
real estate finance assets. The securities will
be issued and guaranteed by the Federal
Home Loan Mortgage Corporation (‘Freddie
Mac’). The fund will hold securities that are
backed by Shariah-compliant
Shamil Bank China Realty Fund
China 150 Commercial CITIC International Assets Management Co. Ltd. (CITICIAM)
Shamil Bank Bahrain entered into an MoU with prominent Chinese financial institutions, CITICIAM to set up and launch USD150m closed-end China Realty Fund.
ISLAMIC REAL ESTATE FUNDS
Fund Manager / Distributor
Name of Fund
Country Size(USDm)
Type Investor Advisor Description
Kuwait Finance House
Baitak Asia Real Estate Fund
South Asia 600 Commercial, Residential
Pacific Star Group A USD600m Islamic real estate fund. The Baitak Asia Real Estate Fund will invest in residential and commercial sites in Asian countries. This will be the first real estate deal in Asia for Kuwait Finance House.
Kuwait Finance House
Islamic European Real Estate Fund
Europe 486 Commercial, Residential
Equity Estates BV The fund intends to invest Euro 400m in European property concentrating on high yielding office, logistics and light industrial properties in the Benelux, France and Germany.
Dubai Islamic Bank (DIB); Cheung Kong Group
Al Islamic Far Eastern Real Estate Fund
Far East 450 Commercial, Retail, Residential
ARA Asset Management
The new fund will be managed by ARA Asset Management and jointly promoted by DIB and Cheung Kong Group. The Islamic-compliant investment vehicle has set aside USD450m to invest in commercial, retail and residential projects in major Asian cities.
ISLAMIC REAL ESTATE FUNDS
Sources: World Bank Organization, FTSE, EPRA
REITs Market around the World……Top 15 World Real Estate market
• United States has the largest real estate market in the world. The estimated size of the US market is approximately US$5 trillion.
• Japan ranks second with around US$2 trillion, followed by the four major European economies. The German market is approximately US$1.1 trillion, with the UK just behind at approximately US$1 trillion.
• France is close to US$800 billion. Italy is approximately US$660 billion. Canada comes in at just under the US$400 billion mark.
• The top 15 countries comprise around 88% of the total global real estate market. Interestingly, the top five countries hold 68% of the total. The next ten countries add 20% and the remaining 34 countries make up the final 12%. No OIC member countries. But Islamic REITS can be structured under Conventional legislation in non-Muslim countries.
TYPICAL REITS RELATIONS
Unitholders
Trustee
Invest in authorisedinvestment
ManagementCompany
REIT
Distribution and Possible capital gains
Islamic REITS Tripartite agreement between three
parties:
1. The Manager2. The Trustee3. Unitholders
Tripartite relationship is governed by a Deed registered with the Regulator (e.g Securities Commission –Malaysia)
DEED A Deed is a legal instrument used to grant a right. The trust deed is a legally binding agreement
between the manager, trustee and unit holders. The agreement usually spells out clearly how the unit trust scheme is to be administered. The contents usually include:-
Valuing and the pricing of units; Keeping of proper accounts and records; Collection and distribution of income; Rights of unit holders; Duties and responsibilities of the manager; Duties and responsibilities of the trustees; and Protection of unit holders’ interest.
SHARIAH ASPECTS: LEGALITY The SC I-REITS Guidelines discussed four
matters for I-REITS, viz.: rental of real estate by I-REITS for
business purposes with a permissibility benchmark of 20%;
investment, deposit and financing for I-REITS;
takaful schemes to insure real estate; and forward sales or purchases of currency for
risk management.
20% Permissibility Benchmark Benchmarking is based on rental space rather than
volumes of sales the non-permissible business can generate.
Nature of all non-permissible businesses is that it is highly profitable.1. casino & lottery outlets – game of chance always favour the operator2. liqour stores – addiction i.e captured market4. interest-bearing banks- small cap but
able to raise high volumes of deposits to make loans.
Islamic Contracts in REITS: WAKALAH Model Unitholders and Management Company(MC)
Wakalah – Fee-basedUnitholders appoint MC to invest funds in properties.MC earns fees.
Unitholders and TrusteeWakalah – Fee-BasedUnitholders appoint Trustee to serve as a custodian for all the assets of the Islamic REIT.Trustee earns fees.
The Wakalah principles are incorporated in the Deed of Islamic Reits.
Nature of work undertaken by Management Company (Wakil) Managing the Properties effectively Maintaining net property income Maximizing the return and performance of each
Properties and their growth via enhancement of properties
Raising the profile of Properties Acquiring property assets with good yield and
growth potential for both locally and abroad that meet the Manager’s investment criteria
Employing optimum capital structure.
Wakalah Fees Annual Management Fee
Annual Maintenance and Management Fee
Annual Trustee Fee
Shariah Committee Members Fee
Fund Expenses
Management Expense Ratio (MER) Management Expense (ME) = Annual management
fee + Annual management and maintenance fee + Annual Trustee fee + Shariah fee + Fund expenses
MER = [(ME + Non-Recoverable Expenses) / (Average Value of a REIT calculated on a daily basis)] x 100
Shariah-compliant MER? up to?
To protect investors from high loading charges by Islamic Reits management companies.
Wakalah Model. Management Company (ie Wakil) does not bear
potential of loss (ie. risk) of investment. Management Company is entrusted to invest the REIT
Fund in return for a Fee (ujrah). Potential loss of investment is borned by Unitholders. Management Company receives fee payment (ie fees)
eventhough Unitholders are suffering capital losses. Nominal fees (ie absolute amount) may fall when net
asset value of REIT declined. Percentage fee remained unchanged.
Financial period/years ending 31 December
Total rental amount per annum (RM’ mil)
Total rental amount per month (RM’ mil)
2006* 35.48 (US$10.13m) Approx. 2.96 (US$0.84m)
2007 35.70 Approx. 2.98
2008 36.43 Approx. 3.04
2009 36.96 Approx. 3.08
Al-’AQAR KPJ REIT RENTAL AMOUNTThe rental amount for the financial period ending 31 December 2006 and three (3) full financial years ending 31 December 2007, 31 December 2008 and 31 December 2009 are as follows:
Note * The rental rate is approximately 7.38% of the gross market value of the Properties.
RETURN
RISKS faced by Unitholders
Investment by Unitholders is based on Risk-Return Principle “ al-Ghornm bil Ghonm” where:
1. Original investment not guaranteed2. Income may rise or fall3. May not receive any income at all.
Types of Risk in Islamic REIT
Organizational and Operational Risk Risk relating to investment in real
estate Risk relating to Properties Shariah non-compliance risk Risk relating to an investments in the
units
Alternative to REIT Wakalah Model
Unitholders and Management Company (MC)Al-MudarabahProfit-Sharing
MC “fees” = portion of rental income. Unitholders and Trustee
WakalahTo ensure MC adheres strictly to the provisions of the Deed.
Typical REIT structure
Unitholders
Trustee (holds properties for the Benefit of
unitholders)
Property assets
REIT manager
REIT
Purchase assets Net property income
Investment in REIT Distributions
Acts on behalf of unitholders
Trustee’s fees
Managementfee
Management services
Al-’Aqar KPJ Islamic Reits Oversubscribed by 4.13 times Islamic Reits drew 5,115 non-Muslim
and non-Bumiputra investors. Open up at RM0.99, a premium of
4.2%, or 4 sen, over its retail offer price of RM0.95
30,810 units done at the opening bell Closed at 3.5 sen up at RM0.985 Al-’Aqar REIT raised RM177.25 million
Al-’Aqar KPJ REIT Structure - MALAYSIA
Unitholders*
Trustee (Amanah Raya
Berhad)
REIT properties, comprising 6 hospitals
Manager (Damansara REIT
Managers Sdn. Bhd.)
Al-’Aqar KPJ REIT
Ownership of properties Net property income
Holding of units
Distributions
Acts on behalf of unitholders
Trustee’s feesManagementservices
Management fees
Note * where KPJ will indirectly own 47.06% of the units
Hospital tenants
Maintenance manager for the properties
(Healthcare Technical Services Sdn. Bhd.)
Shariah Committee Members
Advise the Al-’Aqar KPJ REIT on Shariah-related matters
Rental payments
RentMaintenance and management
services
Maintenance and management
fees
Al-’Aqar KPJ REIT First Islamic Real Estate Investment Trust
(I-REIT) Comprises of six hospitals building worth
RM461.24m or USD$131.9m Manager: Damansara REIT Managers Pte. Lead adviser: AmMerchant Bank Pte. Trustee: Amanah Raya Pte. Units holdings:
KPJ : 160 million unitsInstitutional investors: 165 million unitsRetail investors: 15 million units
Al-’Aqar KPJ REIT: Fees and Expenses Annual management Fee Maintenance and management fees Annual trustee fee Shariah Committee Members fee Others
Auditors feesValuation feesRelevant professional feesProfit payments and expenses in respect of Islamic financing facilityPrinting, posting, general and operating expenses for the administration of the fund.
Al-Aqar KPJ Islamic REIT World’s first Islamic REIT IPO
The world’s first Islamic real estate investment trust (I-REIT) – Al Aqar KPJ REIT IPO – was launched with AmMerchant Bank appointed as the advisor, managing underwriter and sole placement agent.
Under the IPO, a total of 340 million units were issued and of these, KPJ Healthcare would hold 160 million units (47%), while 165 million units would be issued to institutional investors at US$0.27 (RM1) per unit and 15 million units to the public at US$0.26 (RM0.95) each. About US$49 million (RM180 million) was expected to be raised from the IPO.
Al-HADHARAH BOUSTED REITS
Unitholders*
Plantation Asets
Boustead REIT Manager
Al-Hadharah Boustead
Ownership of properties(Vested inTrustees)
Rental Income
Acts on behalf of unitholders
Trustee’s feesManagementservices
Management fees
Plantation AdviserIBFIMShariah Advisor
Boustead PropertiesAnd Other Vendors
Advise the Al-Hadharah REIT on Shariah-related matters Monitoring the
Plantation Assets
CIMB Trustee
Letting ofAsset for rentalTo be paid bytenantsSale of Assets
Distribution in the form ofDividends and other distributions
Investment in REITS
Bousted Al-Hadharah Islamic REITS
Vendor sells assets to SPV (Al-Hadarah REITS).
SPV leases back the assets to the Vendor.
Vendor pays fixed rentals for 30 years Rentals passed to Unitholders as
income. Unitholders – no fixed income and
capital protection.
CONTRACTS: SPA & Ijarah
Sale and Purchase Agreement: The sale and purchase agreements between the Vendors and the Trustee, on behalf of Al-Hadharah Bousted REIT, in relation to the sale and purchase of the Plantation Assets
CONTRACTS Ijarah Arrangements: The arrangements
by al-Hadharah Bousted REITS (AHBR)where the Trustee on behalf of AHBR as lanlord agrees to let the Plantation Assets to the Vendors as tenants for a period of three years which are renewable four times up to twelve years and thereafter renewable for up to an additional fifteen years comprising five additional terms of not more than threee years each, save and except for the tenancy of the Malay Reserved Land which are not automatically renewable.
Islamic REITS Structure
The FUND – Islamic REITS The Unit Holder Manager The Trustee Shariah Committee/Shariah Adviser The Property Assets Authorized Investments
REITS DEFINED Securities Commission REITs
Guidelines: “ a trust investment vehicle that invests or
proposes to invest at least 50% of its total assets in real estate. An investment in real estate may be by way of direct ownership or a shareholding in a single-purpose company whose principle assets comprise real estate.”
REITS DEFINED
Invests at least 50% of its total assets in real estates
Trusts – passive income vehicle Distributes dividends to unit-holders Governed by a constitution Cannot reinvest income as retained
earnings Dividends are tax deductible
REITs in Asia - Qualification and Legislations
Singapore Australia Japan Malaysia Hong Kong Thailand South Korea
Taiwan
Dividend yield
At least 90% of taxable earnings
100% of taxable earnings
At least 90%
No requirement
At least 90% after-tax-income
At least 90% of net profit
At least 90% of taxable earnings
Income must be distributed within 6 months ofFYE
Tax pass through
Yes Yes Yes Yes for local residents only
No Yes No yes
Property transfer taxes
Stamp duty waived for 5 years to 2010
None Reduced tax rates
Stamp duty waived
None Reduced property transfer rate
property transfer rate
None
Tax incentives for investors
Yes Nil Nil Nil 25% withholding tax on dividend
Nil Nil Nil Yes – 6% withholding tax on dividend
Gearing cap Max 35% of total assets unless REIT or all borrowings rated min A
No restriction, market average 38%
No restriction, market average 25-45%
35% of asset, unless approved by SC
Max 35% of gross asset value
Borrowing not permitted
Borrowing not permitted
No stated, but regulations prefers less than 35% of gross asset value
Investment restrictions
At least 70% in real estate
None At least 75% in real estate
At least 75% in real estate
<10% of asset in non-income producing properties
At least 75% in real estate
At least 70-90% in real estate
At least 75% in real estate
Development
Max 20% Yes Yes, if >50% of assets are income producing
No No Properties at least 80% constructed
K REIT- yesCR REIT-No
No
Geographical restrictions
No No No No Local only Local only No Local only, approval needed for foreign
Source: DIFC, Khalid Yousef,2006
REITs in the US…………..Qualification and legislations
• REITs were formed in 1960 – Congress passed legislation providing small investors access to income producing properties (The Real Estate Investment Trust Act of 1960).
• Benefit of REIT structure – entity does not pay corporate taxes as at least 90% of income distributed to shareholders annually.
• To qualify as REIT status, a company must meet and maintain certain provisions.
• Publicly traded REITs are SEC-registrants and subjected various regulatory requirements.
Provisions toQualify as REITs
No more than 50% of shares can be held by 5 or fewer
Have a minimum of 100 shareholders
Minimum 75% of income derived from properties/mortgages
Minimum 75% of total asset invested in ‘properties investment’*
Not more than 20% of assets can consist of shares in TRS**
* Investment includes mortgage loans and shares in other REITs
** TRS = Taxable REITs Subsidiary was formed by REITs to involve in taxable ancillary businesses such as advising clients
Conventional REITS Islamic REITS
1. Permissibility Not established Permissible (Halal)
2.Rental purpose No restrictions Business purposes only
3.Insurance No restrictions Takaful only
4. Activities on No restrictions Permissible activities only.
property Must not include:
- financial activities based on
riba (interest)
- gambling & gaming
- conventional insurance
- entertainment activities that
are not permissible according
to shariah laws
- manufacturing &/ sale of
tobacco-based products or
related products
- stock-broking or share trading
in shariah non-compliant
Securities
- hotels and resorts
- In incidences of mixture, for
example supermarkets, a
benchmark of 20% is allowed
for non-permissible goods of
trade
5. Financing No restrictions Funds must be shariah-
compliant
Performance Indicators
Management Expense Ratio (MER) Total Returns Average Annual Returns Distribution Yield Net Asset Value (NAV)
Authorized Investments At least 75% of al-aqar KPJ REIT total assets
shall be investment in Shariah-compliant real estate, single purpose companies which are Shariah compliant, real-estate related assets or liquid assets which are Shariah compliant;
The remaining 25% of al-aqar KPJ may be invested in other Shariah-compliant assets (ie Shariah compliant real estate related assets, Shariah compliant non-real estate related assets such as Islamic asset-backed securities)
Performance Indicators
Management Expense Ratio (MER) Total Returns Average Annual Returns Distribution Yield Net Asset Value
Valuation of REITs…………how are REIT Unit pricedREITS in Japan, US and Singapore are trading at a premium of 70 - 230 bps
compared to the government bonds
3.9
7.1
5.4
3.2
4.2
3.6
1.3
7.3
4.6
4.9
0 1 2 3 4 5 6 7 8
Average Malaysian REIT Yield
Malaysian 10 yr Gov bond
Australian LPT
Australian 10 yr Gov bond
Singapore REITs
Singapore 10 yr Gov bond
US REIT
US 10 yr Gov bond
Japan REITs
Japan 10 yr Gov bond
Yield (%)
Premiumof 230 bps
Premium of 140
bps
Premium of 170
bps
Premiumof 70 bps
Premium of 340
bps
Source: Bloomberg, CIMB
Notes:1. Average 12 month gross dividend yield of Berjaya Sports, Hap Seng Consolidated, Hong Leong bank, Shell Refining, Nestle,
Tanjong PLC, United Plantation and YTL Power2. Kuala Lumpur Stock Exchange Composite Index dividend yield3. Kuala Lumpur Property Index dividend yield
1.53
4.11
5.20
3.27
4.54
200bps
36bps
of 133bps
of 200bps
of 320bps
Investing in REITs…why are REITs attractive to investors?
Income stability
Quality realestate
Capital stability & growth
Liquidity & valuation
• REITs is typically distribute >90% of net cash flow• Income is underpinned by legally enforceable lease
agreements• Low leverage• Little or no development risk
• REIT unit price is much lower than those of general equities• Long-term unit price capital growth potential is driven by
increase in rental earnings and also by capital appreciation of the underlying properties
• Provide institutional investors with an alternative to direct real estate investment with increased flexibility
• Provide retail investors with an opportunity to invest in high-value institutional quality real estates assets that would otherwise not be possible
• Packaging illiquid real estate into liquid listed securities that offer diversification, transparency, expert management and regular research coverage
• Institutions receive daily ‘mark to market’ value of their investment
• Low transaction costs in buying/selling REIT units vs trading underlying assets
• Individuals can ‘redeem’ small investment quickly by selling the units in the open market and with little cot
• REITs allow institutional funds to make incremental investments in lumpy real estate as and when new investment funds are received
Investing in REITs…. (cont’d)
ExpertManagement
Diversification
Defensive
• Diversification by types of properties, tenants and locations
• Benefit from experienced, professional real estate managers
• Additional scrutiny by the trustee
• Consistent yield-based investment has defensive asset class characteristics
• Income-generating investment grade property is a ‘safe haven’ during uncertain times
Transparency
• Subject to stringent corporate governance and disclosure requirements
• Government regulates on payout ratios, gearing, allowable investment, etc.
Source: JPMorgan, 2005
Types of investment Risk level Expected return level
Cash Low
High
Low
High
Fixed deposit
Bonds
REITs
Direct investment in real estate
Investment in shares
Financial derivative products
“Al-Ghorm bil Ghonm”
No Reward Without Risk
REIT developments in other Asian markets
IndiaIndia
REITs are yet to be established in India, however the Securities and Exchange Board of India (SEBI) has been finalizing a framework for Real Estate Mutual Funds (REMFs)
The Association of Mutual Funds of India (AMFI) issued a report to SEBI regarding the launch of real estate investment schemes in 2002
Regulators have been cautious on approving REMFs due to fears or them causing excess speculation in the real estate market
ThailandThailand
Formal REIT guidelines are still yet to be legislated. However, framework exists and guidelines are in place for Property funds by the Office of the Securities and Exchange Commission (SEC)
Under the current regime, only a licensed mutual fund management company is eligible for the establishment and management of all types of mutual funds including property funds
Lack of available assets remains a limitation. Underlying residential market has been strong and has been pushing property development stocks higher
PhilippinesPhilippines
No specific REIT regulation exists. However, the Special Purpose Vehicles (SPV) Act of 2002 has provided for the creation of Asset Management Companies (AMCs). SPCVs could include the function of REITs
IndonesiaIndonesia
While REITs have not been established in Indonesia, the Indonesian Bank Restructuring Agency (IRBA) has been considering setting REITs up
Property companies currently provide investors with exposure to listed real estate
ChinaChina
PRC Trust Laws, introduced in October 2001, provide guidance on recognition of trusts in China
However detailed implementation rules are yet to be released. Land laws and ownership structures in place are capable of providing a sufficient legal framework for REITs, however, the current unit trust structure prohibits investment in real estate
Some private syndicated deals have occurred in China and there is an expectation of the market developing further
As Chinese property companies are launched, modern REIT structures are likely develop in tandem on an accelerated basis
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