SlideShare une entreprise Scribd logo
1  sur  5
Télécharger pour lire hors ligne
Mudaraba
                         Mudaraba Financing Agreement


THIS AGREEMENT FOR FINANCING ON THE BASIS OF
MUDARABA
is made on the __________day of _________2012

                             Between

[Name of the Client],
_____________________________________, having its
place of business at / resident of
_______________________________ hereinafter referred to
as the Client (which expression shall, where the context admits,
mean and include its successors in profit and assigns) acting as
Mudarib of the ONE PART;

                               And

[                   ], a banking company incorporated under the
laws of Egypt, having its Registered Office at
________________________, hereinafter referred to as the
Institution, (which expression shall, where the context admits,
mean and include its successors in interest and assigns) acting
as Rab Al-Maal of the OTHER PART.

Client in the Project Information Form shall be supplied by the
Institution for a period of ____________ months hereof and
deposited in the Account.

as specified as following.

a) All funds for the purpose of the project shall be disbursed
only through the Account by cheque or transfer against proper
supporting invoices maintained by the Client.
REPRESENTATIONS OF THE CLIENT

The Client represents to the Institution that:

a) The Client possesses all necessary powers and licenses to
conduct its present business and the Project.

b) The Client Information Form is true and correct.

c) The Client is experienced and knowledgeable in all business
matters relating to the Project.

d) The Client has prepared with all due care the Project
Information Form and the Cash Flow and Revenue Projection
based on his experience and knowledge .

e) The Client Financials are true and correct according to
generally accepted accounting principles consistently applied
accurately representing the Client’s financial status on the dates
and the profit and loss for the periods .

f) The Client has suffered no material adverse change in
business operation or financial position .

REPRESENTATION OF THE INSTITUTION

The Institution represents to the Client that on the date of this
Agreement:

The Institution is a corporation organised under the laws of
……….. and possesses all necessary powers and licenses to
conduct its business and to finance the Project as provided by
this Agreement.

GENERAL COVENANTS OF THE CLIENT

The Client undertakes to the Institution that the Client shall:

a) Promptly give notice to the Institution of any change in the
information disclosed on the Client Information Form.

b) Render the Management Services with due care and all
reasonable commercial diligence expected of an experienced
businessman to ensure the success of the Project .

c) utilize the Project assets exclusively for purposes of the
Project as specified in the Cash Flow and Revenue Projection.

d) disburse all funds for the purpose of the Project only through
the Account by cheque or transfer against proper supporting
invoices maintained by the Client.

e) maintain all Project assets in the name of the Client, but
physically segregated from other assets of the Client.

f) submit the following to the Institution, prepared according to
the instructions of the Institution:

 (h) A balance sheet and income statement of the Client
prepared in accordance with principles utilized in the Client
Financials consistently applied.

i) supply to the Institution any information, material or
document relating to the Project or to Client’s financial status.

j) perform its obligations under this Agreement without violation
of the principles of Islamic Shariah.

. PARTICIPATION IN PROFIT

a) The participation in profit will be in accordance with the
following ratio:

(i) [ ]% of the profit will be for the Management Services and
payable to the Client.

(ii) [ ]% of the profit will be payable to the Institution.

b) On Termination Date, the accounts of the Modaraba shall be
drawn up in accordance with accepted accounting principles, and
the profit if any due to the Client and the Institution shall be
worked out and paid in the proportion specified above, subject
to adjustment of any provisional payments made, (plus the
amount paid by the Institution after deducting loss if any).

LOSSES

a)

(i) 100% of the loss in the Project will be borne by the
Institution

(ii) The client will receive no compensation for his Management
Services, and will be liable for the loss if it is proven that he has
breached his obligations or is proven to be failing in the
discharge of his obligations under this Agreement.

b) In the event of the Project showing losses during the
currency of this Agreement the client shall forthwith give notice
of such losses to the Institution together with all accounts and
details pertaining thereto and such other information and
records as may be required by the Institution. Notwithstanding
the above .

c)the Institution shall only be liable for the losses in the manner
specified if the said losses have not been caused due to
misconduct on the part of the Client in out the Project’s business
and operations or as a result of his negligence or inefficiency,
including non-compliance with the terms and conditions of this
Agreement

. MANAGEMENT AND CONTROL

Subject only to the express terms of this Agreement, complete
management and control of the Project is exclusively vested in
the Client and the Client shall be solely responsible for the
management and control of the Project.
. GENERAL

The parties agree that:

a) Any notice or other communication required or permitted by
this Agreement shall be deemed to have been given to the other
party seven days after the day on which the same is posted by
registered mail, addressed to the address mentioned in this
Agreement or any other address given in writing to the other
party, or one day after actual delivery at such address,
whichever is earlier.

IN WITNESS WHEREOF this Agreement is executed on the
date above mentioned by the parties.

      Witnessed
      ________________________
      The Institution
      ________________________
      The Client

      Witnessed
      1. Name:________________________
      2. Name: ________________________

Contenu connexe

Tendances

validity of allotment letter
validity of allotment lettervalidity of allotment letter
validity of allotment letter
Sanju Ahooja
 

Tendances (12)

Seminar - CIPAA 2012
Seminar - CIPAA 2012Seminar - CIPAA 2012
Seminar - CIPAA 2012
 
CIPAA presentation
CIPAA presentationCIPAA presentation
CIPAA presentation
 
RWY CIPAA 2012 - Scope and Applicability
RWY CIPAA 2012 - Scope and ApplicabilityRWY CIPAA 2012 - Scope and Applicability
RWY CIPAA 2012 - Scope and Applicability
 
An afternoon discussion on direct payments
An afternoon discussion on direct paymentsAn afternoon discussion on direct payments
An afternoon discussion on direct payments
 
Stamp Duty Exemption 2021
Stamp Duty Exemption 2021Stamp Duty Exemption 2021
Stamp Duty Exemption 2021
 
View Esteem v Bina Puri- what the Federal Court said and what you need to do ...
View Esteem v Bina Puri- what the Federal Court said and what you need to do ...View Esteem v Bina Puri- what the Federal Court said and what you need to do ...
View Esteem v Bina Puri- what the Federal Court said and what you need to do ...
 
Business Setup - Dubai
Business Setup - Dubai Business Setup - Dubai
Business Setup - Dubai
 
Historic Building Tax Credits Slide Deck
Historic Building Tax Credits Slide DeckHistoric Building Tax Credits Slide Deck
Historic Building Tax Credits Slide Deck
 
About working
About workingAbout working
About working
 
Payments in the construction industry
Payments in the construction industryPayments in the construction industry
Payments in the construction industry
 
CIPAA Update June 2019 - a case of creeping complexities?
CIPAA Update June 2019 - a case of creeping complexities?CIPAA Update June 2019 - a case of creeping complexities?
CIPAA Update June 2019 - a case of creeping complexities?
 
validity of allotment letter
validity of allotment lettervalidity of allotment letter
validity of allotment letter
 

En vedette (7)

Risk Management: The Islamic Prospective
Risk Management: The Islamic ProspectiveRisk Management: The Islamic Prospective
Risk Management: The Islamic Prospective
 
islamic risk management
islamic risk managementislamic risk management
islamic risk management
 
Overview of islamic banking& finance 2
Overview of islamic banking& finance 2Overview of islamic banking& finance 2
Overview of islamic banking& finance 2
 
Bachelor Thesis - Islamic Banking
Bachelor Thesis - Islamic BankingBachelor Thesis - Islamic Banking
Bachelor Thesis - Islamic Banking
 
Risk Management - Islamic Banking
Risk Management - Islamic BankingRisk Management - Islamic Banking
Risk Management - Islamic Banking
 
Introduction of islamic banking
Introduction of islamic bankingIntroduction of islamic banking
Introduction of islamic banking
 
Unilever strategic marketing
Unilever strategic marketingUnilever strategic marketing
Unilever strategic marketing
 

Similaire à Mudaraba copy

Kenneth combs ecks
Kenneth combs   ecksKenneth combs   ecks
Kenneth combs ecks
Kenney Combs
 
Restoring Hope Project Agreement
Restoring Hope Project AgreementRestoring Hope Project Agreement
Restoring Hope Project Agreement
bhambaptist
 
Shiva sir factoring,discounting& forfaiting
Shiva sir factoring,discounting& forfaitingShiva sir factoring,discounting& forfaiting
Shiva sir factoring,discounting& forfaiting
Barotlaxman
 

Similaire à Mudaraba copy (20)

ADMINISTRATIVE SERVICES AGREEMENT
ADMINISTRATIVE SERVICES AGREEMENT ADMINISTRATIVE SERVICES AGREEMENT
ADMINISTRATIVE SERVICES AGREEMENT
 
Musharaka
MusharakaMusharaka
Musharaka
 
Factoring Agreement Sample (Purchase this doc, Text: 08118887270 (Whatsapp))
Factoring Agreement Sample (Purchase this doc, Text: 08118887270 (Whatsapp))Factoring Agreement Sample (Purchase this doc, Text: 08118887270 (Whatsapp))
Factoring Agreement Sample (Purchase this doc, Text: 08118887270 (Whatsapp))
 
Kenneth combs ecks
Kenneth combs   ecksKenneth combs   ecks
Kenneth combs ecks
 
Best home loan in india
Best home loan in indiaBest home loan in india
Best home loan in india
 
Insolvency and Bankruptcy Code
Insolvency and Bankruptcy CodeInsolvency and Bankruptcy Code
Insolvency and Bankruptcy Code
 
VENDOR AGREEMENT
VENDOR AGREEMENT VENDOR AGREEMENT
VENDOR AGREEMENT
 
Ad Agency Agreement
Ad Agency AgreementAd Agency Agreement
Ad Agency Agreement
 
Restoring Hope Project Agreement
Restoring Hope Project AgreementRestoring Hope Project Agreement
Restoring Hope Project Agreement
 
SmBizLoanProg_Sample_2016.pdf
SmBizLoanProg_Sample_2016.pdfSmBizLoanProg_Sample_2016.pdf
SmBizLoanProg_Sample_2016.pdf
 
CDA MC 2020-18
CDA MC 2020-18CDA MC 2020-18
CDA MC 2020-18
 
FUNDRAISING AGREEMENT
FUNDRAISING AGREEMENT FUNDRAISING AGREEMENT
FUNDRAISING AGREEMENT
 
FINANCING AGREEMENT
FINANCING AGREEMENT FINANCING AGREEMENT
FINANCING AGREEMENT
 
Lease instrument application
Lease instrument applicationLease instrument application
Lease instrument application
 
Shiva sir factoring,discounting& forfaiting
Shiva sir factoring,discounting& forfaitingShiva sir factoring,discounting& forfaiting
Shiva sir factoring,discounting& forfaiting
 
Social Media Retainer Contract
Social Media Retainer Contract Social Media Retainer Contract
Social Media Retainer Contract
 
Insolvency and Bankruptcy Code, 2016
Insolvency and Bankruptcy Code, 2016Insolvency and Bankruptcy Code, 2016
Insolvency and Bankruptcy Code, 2016
 
EconoleBusiness Loan and Security Agreement | Econolease Financial Servicesas...
EconoleBusiness Loan and Security Agreement | Econolease Financial Servicesas...EconoleBusiness Loan and Security Agreement | Econolease Financial Servicesas...
EconoleBusiness Loan and Security Agreement | Econolease Financial Servicesas...
 
CONTRACTOR AGREEMENT
CONTRACTOR AGREEMENT CONTRACTOR AGREEMENT
CONTRACTOR AGREEMENT
 
Ramki nclt case analysis on ibc
Ramki   nclt case analysis on ibcRamki   nclt case analysis on ibc
Ramki nclt case analysis on ibc
 

Dernier

Quick Doctor In Kuwait +2773`7758`557 Kuwait Doha Qatar Dubai Abu Dhabi Sharj...
Quick Doctor In Kuwait +2773`7758`557 Kuwait Doha Qatar Dubai Abu Dhabi Sharj...Quick Doctor In Kuwait +2773`7758`557 Kuwait Doha Qatar Dubai Abu Dhabi Sharj...
Quick Doctor In Kuwait +2773`7758`557 Kuwait Doha Qatar Dubai Abu Dhabi Sharj...
daisycvs
 

Dernier (20)

PARK STREET 💋 Call Girl 9827461493 Call Girls in Escort service book now
PARK STREET 💋 Call Girl 9827461493 Call Girls in  Escort service book nowPARK STREET 💋 Call Girl 9827461493 Call Girls in  Escort service book now
PARK STREET 💋 Call Girl 9827461493 Call Girls in Escort service book now
 
Nashik Call Girl Just Call 7091819311 Top Class Call Girl Service Available
Nashik Call Girl Just Call 7091819311 Top Class Call Girl Service AvailableNashik Call Girl Just Call 7091819311 Top Class Call Girl Service Available
Nashik Call Girl Just Call 7091819311 Top Class Call Girl Service Available
 
Call 7737669865 Vadodara Call Girls Service at your Door Step Available All Time
Call 7737669865 Vadodara Call Girls Service at your Door Step Available All TimeCall 7737669865 Vadodara Call Girls Service at your Door Step Available All Time
Call 7737669865 Vadodara Call Girls Service at your Door Step Available All Time
 
JAJPUR CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN JAJPUR ESCORTS
JAJPUR CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN JAJPUR  ESCORTSJAJPUR CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN JAJPUR  ESCORTS
JAJPUR CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN JAJPUR ESCORTS
 
Ooty Call Gril 80022//12248 Only For Sex And High Profile Best Gril Sex Avail...
Ooty Call Gril 80022//12248 Only For Sex And High Profile Best Gril Sex Avail...Ooty Call Gril 80022//12248 Only For Sex And High Profile Best Gril Sex Avail...
Ooty Call Gril 80022//12248 Only For Sex And High Profile Best Gril Sex Avail...
 
Durg CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN durg ESCORTS
Durg CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN durg ESCORTSDurg CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN durg ESCORTS
Durg CALL GIRL ❤ 82729*64427❤ CALL GIRLS IN durg ESCORTS
 
Horngren’s Cost Accounting A Managerial Emphasis, Canadian 9th edition soluti...
Horngren’s Cost Accounting A Managerial Emphasis, Canadian 9th edition soluti...Horngren’s Cost Accounting A Managerial Emphasis, Canadian 9th edition soluti...
Horngren’s Cost Accounting A Managerial Emphasis, Canadian 9th edition soluti...
 
PHX May 2024 Corporate Presentation Final
PHX May 2024 Corporate Presentation FinalPHX May 2024 Corporate Presentation Final
PHX May 2024 Corporate Presentation Final
 
CROSS CULTURAL NEGOTIATION BY PANMISEM NS
CROSS CULTURAL NEGOTIATION BY PANMISEM NSCROSS CULTURAL NEGOTIATION BY PANMISEM NS
CROSS CULTURAL NEGOTIATION BY PANMISEM NS
 
Getting Real with AI - Columbus DAW - May 2024 - Nick Woo from AlignAI
Getting Real with AI - Columbus DAW - May 2024 - Nick Woo from AlignAIGetting Real with AI - Columbus DAW - May 2024 - Nick Woo from AlignAI
Getting Real with AI - Columbus DAW - May 2024 - Nick Woo from AlignAI
 
Dr. Admir Softic_ presentation_Green Club_ENG.pdf
Dr. Admir Softic_ presentation_Green Club_ENG.pdfDr. Admir Softic_ presentation_Green Club_ENG.pdf
Dr. Admir Softic_ presentation_Green Club_ENG.pdf
 
Phases of Negotiation .pptx
 Phases of Negotiation .pptx Phases of Negotiation .pptx
Phases of Negotiation .pptx
 
WheelTug Short Pitch Deck 2024 | Byond Insights
WheelTug Short Pitch Deck 2024 | Byond InsightsWheelTug Short Pitch Deck 2024 | Byond Insights
WheelTug Short Pitch Deck 2024 | Byond Insights
 
UAE Bur Dubai Call Girls ☏ 0564401582 Call Girl in Bur Dubai
UAE Bur Dubai Call Girls ☏ 0564401582 Call Girl in Bur DubaiUAE Bur Dubai Call Girls ☏ 0564401582 Call Girl in Bur Dubai
UAE Bur Dubai Call Girls ☏ 0564401582 Call Girl in Bur Dubai
 
Berhampur CALL GIRL❤7091819311❤CALL GIRLS IN ESCORT SERVICE WE ARE PROVIDING
Berhampur CALL GIRL❤7091819311❤CALL GIRLS IN ESCORT SERVICE WE ARE PROVIDINGBerhampur CALL GIRL❤7091819311❤CALL GIRLS IN ESCORT SERVICE WE ARE PROVIDING
Berhampur CALL GIRL❤7091819311❤CALL GIRLS IN ESCORT SERVICE WE ARE PROVIDING
 
Falcon Invoice Discounting: Unlock Your Business Potential
Falcon Invoice Discounting: Unlock Your Business PotentialFalcon Invoice Discounting: Unlock Your Business Potential
Falcon Invoice Discounting: Unlock Your Business Potential
 
Quick Doctor In Kuwait +2773`7758`557 Kuwait Doha Qatar Dubai Abu Dhabi Sharj...
Quick Doctor In Kuwait +2773`7758`557 Kuwait Doha Qatar Dubai Abu Dhabi Sharj...Quick Doctor In Kuwait +2773`7758`557 Kuwait Doha Qatar Dubai Abu Dhabi Sharj...
Quick Doctor In Kuwait +2773`7758`557 Kuwait Doha Qatar Dubai Abu Dhabi Sharj...
 
Lucknow Housewife Escorts by Sexy Bhabhi Service 8250092165
Lucknow Housewife Escorts  by Sexy Bhabhi Service 8250092165Lucknow Housewife Escorts  by Sexy Bhabhi Service 8250092165
Lucknow Housewife Escorts by Sexy Bhabhi Service 8250092165
 
New 2024 Cannabis Edibles Investor Pitch Deck Template
New 2024 Cannabis Edibles Investor Pitch Deck TemplateNew 2024 Cannabis Edibles Investor Pitch Deck Template
New 2024 Cannabis Edibles Investor Pitch Deck Template
 
Buy gmail accounts.pdf buy Old Gmail Accounts
Buy gmail accounts.pdf buy Old Gmail AccountsBuy gmail accounts.pdf buy Old Gmail Accounts
Buy gmail accounts.pdf buy Old Gmail Accounts
 

Mudaraba copy

  • 1. Mudaraba Mudaraba Financing Agreement THIS AGREEMENT FOR FINANCING ON THE BASIS OF MUDARABA is made on the __________day of _________2012 Between [Name of the Client], _____________________________________, having its place of business at / resident of _______________________________ hereinafter referred to as the Client (which expression shall, where the context admits, mean and include its successors in profit and assigns) acting as Mudarib of the ONE PART; And [ ], a banking company incorporated under the laws of Egypt, having its Registered Office at ________________________, hereinafter referred to as the Institution, (which expression shall, where the context admits, mean and include its successors in interest and assigns) acting as Rab Al-Maal of the OTHER PART. Client in the Project Information Form shall be supplied by the Institution for a period of ____________ months hereof and deposited in the Account. as specified as following. a) All funds for the purpose of the project shall be disbursed only through the Account by cheque or transfer against proper supporting invoices maintained by the Client.
  • 2. REPRESENTATIONS OF THE CLIENT The Client represents to the Institution that: a) The Client possesses all necessary powers and licenses to conduct its present business and the Project. b) The Client Information Form is true and correct. c) The Client is experienced and knowledgeable in all business matters relating to the Project. d) The Client has prepared with all due care the Project Information Form and the Cash Flow and Revenue Projection based on his experience and knowledge . e) The Client Financials are true and correct according to generally accepted accounting principles consistently applied accurately representing the Client’s financial status on the dates and the profit and loss for the periods . f) The Client has suffered no material adverse change in business operation or financial position . REPRESENTATION OF THE INSTITUTION The Institution represents to the Client that on the date of this Agreement: The Institution is a corporation organised under the laws of ……….. and possesses all necessary powers and licenses to conduct its business and to finance the Project as provided by this Agreement. GENERAL COVENANTS OF THE CLIENT The Client undertakes to the Institution that the Client shall: a) Promptly give notice to the Institution of any change in the
  • 3. information disclosed on the Client Information Form. b) Render the Management Services with due care and all reasonable commercial diligence expected of an experienced businessman to ensure the success of the Project . c) utilize the Project assets exclusively for purposes of the Project as specified in the Cash Flow and Revenue Projection. d) disburse all funds for the purpose of the Project only through the Account by cheque or transfer against proper supporting invoices maintained by the Client. e) maintain all Project assets in the name of the Client, but physically segregated from other assets of the Client. f) submit the following to the Institution, prepared according to the instructions of the Institution: (h) A balance sheet and income statement of the Client prepared in accordance with principles utilized in the Client Financials consistently applied. i) supply to the Institution any information, material or document relating to the Project or to Client’s financial status. j) perform its obligations under this Agreement without violation of the principles of Islamic Shariah. . PARTICIPATION IN PROFIT a) The participation in profit will be in accordance with the following ratio: (i) [ ]% of the profit will be for the Management Services and payable to the Client. (ii) [ ]% of the profit will be payable to the Institution. b) On Termination Date, the accounts of the Modaraba shall be
  • 4. drawn up in accordance with accepted accounting principles, and the profit if any due to the Client and the Institution shall be worked out and paid in the proportion specified above, subject to adjustment of any provisional payments made, (plus the amount paid by the Institution after deducting loss if any). LOSSES a) (i) 100% of the loss in the Project will be borne by the Institution (ii) The client will receive no compensation for his Management Services, and will be liable for the loss if it is proven that he has breached his obligations or is proven to be failing in the discharge of his obligations under this Agreement. b) In the event of the Project showing losses during the currency of this Agreement the client shall forthwith give notice of such losses to the Institution together with all accounts and details pertaining thereto and such other information and records as may be required by the Institution. Notwithstanding the above . c)the Institution shall only be liable for the losses in the manner specified if the said losses have not been caused due to misconduct on the part of the Client in out the Project’s business and operations or as a result of his negligence or inefficiency, including non-compliance with the terms and conditions of this Agreement . MANAGEMENT AND CONTROL Subject only to the express terms of this Agreement, complete management and control of the Project is exclusively vested in the Client and the Client shall be solely responsible for the management and control of the Project.
  • 5. . GENERAL The parties agree that: a) Any notice or other communication required or permitted by this Agreement shall be deemed to have been given to the other party seven days after the day on which the same is posted by registered mail, addressed to the address mentioned in this Agreement or any other address given in writing to the other party, or one day after actual delivery at such address, whichever is earlier. IN WITNESS WHEREOF this Agreement is executed on the date above mentioned by the parties. Witnessed ________________________ The Institution ________________________ The Client Witnessed 1. Name:________________________ 2. Name: ________________________