MLY CB Sell and Buy Back Agreement

Published on: Jul 22, 2024

On Jul. 17, MLY CB issued ruling on sell and buy back agreement.

  • MLY CB issued summary of the Shariah Advisory Council (SAC) of MLY CB ruling on implementation of new features of sell and buy back agreement (SBBA).
  • Follows MLY CB Jun. 2024 issued policy document on collateralized funding, #186494.
  • New Features
  • Where there is a price movement of underlying securities based on mark-to-market valuation, the promisor (buyer/seller) shall transfer some cash to the counterparty as securities deposit, to secure commitment to perform second leg transaction at maturity.
  • Specified two mechanisms for profit disbursement - profit reinvestment, profit transfer.
  • Upon triggering event for substitution of asset, the SBBA contracting parties agree to accelerate the execution of the second leg transaction of SBBA before maturity date.
  • They will then enter into new contract based on old maturity date to replace contract.
  • This SAC ruling is only applicable to the structure and Shariah contract stated.
  • Any proposal to implement new features of SBBA using structure and Shariah contracts other than stated in this SAC ruling must obtain prior approval of the SAC.
  • Effectiveness
  • This ruling will come into effect on Jun. 30, 2025.
Regulators
MLY CB
Entity Types
Bank
Reference
PR, 7/17/2024
Functions
Compliance; Financial; Legal; Operations; Product Administration; Trading; Treasury
Countries
Malaysia
Category
State
N/A
Products
Banking; Deposits; Investment Bank; Repo/Reverse; Securities
Rule Type
Final
Regions
AP
Rule Date
Jul 17, 2024
Effective Date
Jun 30, 2025
Rule ID
219908
Linked to
Reg. Last Update
Jul 17, 2024
Report Section
International