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Islamic Fund Management

133

One of the first REIT market players, AjarInvest, is getting ready to launch its operations once

the regulatory framework is finalised

. Box 4.7

discusses the case of AjarInvest.

Box 4.7: The Case of AjarInvest – A REIT in the Making

AjarInvest is set to become one of the first companies in Morocco to be authorised by the regulator

to launch a REIT management company under the legal structure of OPCI in Morocco. AjarInvest is

a subsidiary of CDG and CIH Bank, and has been leveraging the experience of the group in fund

management and real-estate investments to venture into structuring REITs. Its management has

been one of the contributors to the regulators’ efforts in developing the legislation of REITs in

Morocco.

Source: AjarInvest

4.4.4

Key Factors Underpinning the Development of Morocco’s Islamic Fund

Management Industry

Morocco seeks to establish a comprehensive Shariah-compliant financial system, with each

segment of the Islamic finance industry integrated within the sectorial strategy of the

respective components of the financial system, i.e. Islamic banking within the banking sector,

takaful

within the insurance sector, and the ICM within the capital markets. The authorities

have thus put in place the necessary building blocks for the proper functioning of the industry,

as explained below. The Islamic fund management industry, when established in the Moroccan

market, would thus operate within the same infrastructural set-up that oversees the entire

Islamic finance industry.

Legal and Regulatory Framework

Morocco has adapted its legal and regulatory framework to meet the requirements of Islamic

financial institutions. Instead of issuing dedicated laws, it has amended its existing laws to

provide a suitable legal and regulatory structure for the development of Islamic finance, for

example:

Participative banks and windows: Banking Law no. 103-12

Takaful

operators: Law no. 59-13

Sukuk issuances: Law no. 5-14

Shariah governance: Dahir no. 1-15-02

Tax law: General tax code CGI

The aim is to ensure neutrality between Islamic and conventional financial institutions in

terms of requirements.

Regulatory texts are mainly inspired by Maliki laws in Morocco. However, they should be

drafted with an openness to other schools of thought and inspired by banking practices (Jouti,

2017). The market is currently awaiting these regulations (e.g. technical notes, circulars) for

the launch of

takaful

operations and a legal framework for the Islamic fund management

market.