The Islamic Financial Services Board (IFSB) has today issued the
Exposure Draft of a Standard on Guiding Principles for Investor Protection in Islamic
Capital Markets (ED-24) for Public Consultation for a period of sixty days,
starting from 24 March 2020 until 24 May 2020. The IFSB invites comments from
regulatory and supervisory authorities, international organisations,
institutions offering Islamic financial services (IIFS), academics and other
interested parties.
The development of a standard on investor protection in Islamic capital
markets (ICM) recognises the crucial role that investor protection plays in the
development and integrity of capital markets. Investor confidence and trust in
a well-functioning ICM is essential in promoting financial stability, growth,
efficiency and innovation over the long term. The standard therefore aims to
set out minimum requirements to be applied in the ICM for the protection of
investors and the promotion of financial stability. The main objectives of the
standard are: (i) to address the Islamic finance-specific issues that need to
be considered within regulatory frameworks for investor protection;
(ii) to define best practices for investor protection in relation to the
ICM;
(iii) to support the development of robust investor protection
frameworks for the ICM; and
(iv) to increase harmonisation of
regulatory practice, to support the development of the international ICM.
The guiding principles set out in the standard seek to address the
protection of investors in relation to: (i) appropriate product governance
processes; (ii) robust and proportionate Sharīʻah governance processes and
protection of investors against misleading claims of Sharīʿah compliance; (iii)
enhanced transparency and information to investors in relation to
Sharīʻah-compliant equities, and protection of minority shareholders; (iv)
protection against misconduct by financial intermediaries, including
suitability and appropriateness assessment, fit and proper criteria, best
execution, marketing and promotion, and conflicts of interest; (v) protection
against the misuse of client assets; (vi) effective means of redress or
resolution of disputes in the case of misconduct; and (vii) effective investor
education.
The standard is intended to apply to ICM products (including ṣukūk, ICIS
and Sharīʿah-compliant equities) and market intermediaries operating in the
ICM, particularly those that are interfacing with clients (brokers, asset
managers, portfolio managers, investment advisers, etc.). The provisions in the
standard also address emerging financial technologies in the ICM, including
crypto-asset platforms (specifically those that deal with assets which
represent an interest in a business), peer-to-peer financing platforms, equity
crowdfunding platforms and online retail trading and investment platforms.
The IFSB will be conducting two online webinars for public consultation,
to be held on 20 April and 6 May 2020. Participation in the webinar is free and
open to all. The usual public hearing for this standard will not be held in
view of the current global outbreak, but will be replaced by the online
webinar.