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Islamic Fund Management

112

4.3.4

Key Factors Underpinning the Development of Pakistan’s Islamic Fund

Management Industry

The growth of Pakistan’s Islamic capital market in general, and its Islamic fund management

industry in particular, has been more noticeable after the launch of the CMDP 2016-2018 by

the SECP in 2016 (refer to the earlier charts depicting the growth of the NBFC sector). The key

factors underpinning the growth of Islamic funds in Pakistan are analysed based on the

following pillars:

Legal and Regulatory Framework

From the initial stage of NBFCs’ setting up, including funds, the SECP has been issuing various

regulations, rules and circulars governing these entities. In fact, several amendments have

been made to the original rules and regulations to meet contemporary market requirements

and expedite industry growth.

The rules and regulations governing the Islamic fund management industry issued by the SECP

on existing conventional mutual funds include the following:

Non-Banking Finance Companies (Establishment & Regulation) Rules, 2003 (the Rules)

Non-Banking Finance Companies & Notified Entities Regulations, 2008 (the Regulations)

Part VIII of The Companies Act, 1984 (the Ordinance)

Income Tax Ordinance, 2001

Trust Act, 1882

Voluntary Pension System Rules, 2005

REIT Regulations, 2008

Circulars and directives issued by the SECP under the provisions of the Ordinance

The fund management industry is highly regulated in Pakistan, to the extent that the SECP has

jurisdiction over the expenses chargeable to a fund and the amount of management fees that

AMCs can charge to different categories of funds, as explained in

Box 4.4 .

The regulation

provides certainty to investors as fund managers must be transparent in disclosing the various

types of fees imposed in the offering documents.

Box 4.4: Allowable Fees under NBFC Regulations 2008

List of Allowable Expenses:

Remuneration of the AMC.

Remuneration of the trustee or custodian.

Shariah advisory fee.

In the case of an investment company, directors’

fees and related expenses for attending

meetings.

Listing fee payable to the stock exchange,

including renewals.

Charges and levies of the stock exchange,

national clearing and settlement company, and

central depository company.

Rating fee under the CIS payable to the

approved rating agency.

Auditors’ fees and out-of-pocket expenses, as

billed.

Brokerage and transaction costs related to

investment in and divestment of the assets

under the CIS.

Expenses incurred by the trustee in effecting the

registration of all registerable assets in the name

of the trustee.

Legal and related costs incurred to protect the

interests of the unit, certificate or shareholders

of the CIS.

Bank charges as well as borrowing and financial

costs.

Printing costs and related expenses when

issuing the quarterly, half-yearly and annual

reports of the CIS.