Are venture capital trusts halal?
WHAT IS A VENTURE CAPITAL TRUST?
A venture capital trust (VCT) is essentially an investment company. In the UK the government introduced VCTs in 1995 as a way of ensuring that investors could invest in start-up companies. The government was keen to encourage investment in entrepreneurial businesses by offering tax relief to investors. Recently there has been discussion and debate about whether VCTs are halal or haram.
For new businesses, VCTs are a great way of raising investment, and for investors they are an opportunity to invest in upcoming businesses.
For anyone looking for Sharia compliant investing, VCTs can be a good opportunity to invest in a halal way. Investing in VCTs can be halal, but you have to ensure that the VCT you invest in complies with Sharia rules about investment and financial transactions.
In recent years, as the Islamic finance market has expanded so too has the desire for Sharia compliant VCTs. The Islamic VCT market is innovative and presents a viable alternative to conventional investment models which are not always acceptable to Muslims who want to invest in line with Sharia rules.
Whilst it is always a personal choice as to where investors want to invest, for Muslims there are additional considerations that require them to be mindful of Islamic laws.
Let's have a look at how VCTs work and how they can operate in a halal way.
HOW DO VENTURE CAPITAL TRUSTS WORK?
VCTs work by raising money and then using the funds to invest in new and innovative companies. Usually these companies are innovative and privately owned. The idea is that the investment raised is then used to generate a profit and solid return for the investment.
The company can be dealing in products and services, offering employment opportunities, and/or meeting a need in the economy. The number of companies seeking investment is never-ending.
As an investor in a VCT, the investor becomes a shareholder of the trust. It is important to note that the investor does not become a shareholder of each individual company, rather the investor becomes a shareholder of the trust in its entirety.
Most VCTs will invest in different companies. This enables the VCT to keep its investment portfolio options diverse and spreads the risk. It is always important to ensure you have all the information you need about the VCT before investing.
When the companies within the trust return a profit, this is paid over to the shareholders.
WHAT DO VENTURE CAPITAL TRUSTS INVEST IN?
Most VCTs will invest in new, small, and entrepreneurial companies across a wide variety of sectors. These can include tech companies, retail, clothing brands, food outlets and many more.
Many of these companies will be privately owned, and some of them are quoted on the Alternative Investment Market or the London Stock Exchange.
Different Types Of Venture Capital Trusts
There are some different types of VCTs. What differentiates them from each other is the investment focus and area:
- specialist VCTs : these are VCTs that remain focused on a specific interest and sector. For example, there are VCTs that only invest in healthcare, or retail. Due to the lack of choice and sector diversification, this often means that they can carry more risk.
- Generalist VCTs : these types of VCT are wide-ranging when it comes to investment. They invest in companies across different sectors. The value to the investor is that there is diversification and less risk.
- AIM VCTs : the Alternative Index Market (AIM) VCTs invest in shares issued by AIM quoted companies. The AIM was set up by the London Stock Exchange in 1995 to ensure that there was a market for companies who can't (or won't) meet the demanding requirements for listing on the London Stock Exchange.
Venture Capital Trusts And Tax Advantages
One of the main reasons VCTs are popular is that they offer tax incentives. Investors can take advantage of:
- tax free dividends
- up to 30% income tax relief
- tax free growth
- capital gains tax exemptions and deferrals
WHAT IS VENTURE CAPITAL TRUST TAX RELIEF?
VCT tax relief can be claimed when an income tax return is filed with HMRC.
What this means for investors is that they can end up with a lower income tax bill, or even a refund if they have already paid their tax.
Islamic Finance And Venture Capital Trusts
Remember, one of the most critical elements of ensuring compliance with Sharia law when investing in venture capital trusts is that you need to work with a Sharia aware, and Sharia compliant, financial advisor.
This will ensure that the investment contract AND investment models are both compliant with Islamic finance rules.
Islamic Venture Capital Trusts Vs Conventional Capital Trusts
The main difference between conventional VCTs and Islamic VCTs is that Islamic VCTs must comply with Islamic finance rules relating to finance and financial transactions.
Islamic VCTs need to stay away from any form of investment in non-permissible, or haram, industries.
A very simple example of this would be as follows: a conventional VCT could invest in brewery shares. However, an Islamic VCT should stay away from any alcohol related industry.
Going further, anyone looking to invest in Sharia compliant VCTs should do additional due diligence and ask questions about the company they invest in. Does it operate ethically? Does it have conventional debts on its book that is interest-based? If so, then the VCT is not considered to be halal.
Advantages Of Investing In Venture Capital Trusts For Muslims
As long as the VCT is Sharia compliant, Muslim investors offer a diverse range of investment options. Muslim investors can take advantage of investing in other Muslim businesses and industries.
There are numerous ethical investment opportunities with halal VCTs that are attractive to Muslims. Socially responsible investing is a core principle of Islamic finance and there are VCTs out there that are ethical and socially responsible.
Halal VCTs also offer the potential for job creation with early stage companies. Supporting these businesses mean Muslims can indirectly be helping struggling economies and economic development. This aligns with the Islamic finance principles that relate to promoting economic wellbeing and financial inclusion.
WHAT IS WAKALA?
Wakala is a popular model Islamic VCTs when it comes to raising capital.
Wakala permits the asset manager of the trust (on behalf of the investor) to act on their behalf based on agreed conditions and terms.
Both parties then share the profits generated, and take on the risk of any losses together. This kind of profit and loss sharing arrangement aligns with Islamic finance principles.
Mudaraba And Venture Capital Trusts
When it comes to investing in start up companies, mudaraba is a common model that is used. The mudaraba contract is a contract that enables one party to the contract to bring assets in and for the other party to bring in effort and experience.
This means that investor provides the financing, and the entrepreneur takes responsibility for the day to day management of the trust. The contract outlines the respective responsibilities of each party and the profit sharing arrangement.
As already mentioned, despite the many advantages of halal VCTs, investors need to work with Sharia compliant advisors who can direct them to halal VCTs.
Consulting with knowledgeable advisors means you have specific guidance and adherence to Sharia rules.
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Introduction
Across the world of finance, business, corporate transactions, and investments, adherence to ethical and religious principles is becoming increasingly important. People are actively searching for Sharia compliant venture capital which stands at the intersection of entrepreneurship and Islamic finance.
Not only does Sharia-compliant venture capital support businesses to operate within the rules of Islamic finance, but also ensures that they have adequate funding to innovate and grow.
Sharia-compliant venture capital facilitates and enables ethical growth and investment. What this means in the long-term for businesses is that they can ensure their growth is sustainable and stable.
WHAT IS VENTURE CAPITAL?
In its very basic form, venture capital is exactly what it says it is. It is capital (money) for a venture. It provides essential funds for (usually) start-ups or small and medium-sized enterprises that have potential for growth and want to minimise their debt. The aim of anyone investing in these businesses is to see a good return on their investment.
Investors or venture capital firms that invest in a business provide capital funding in exchange for ownership or some equity in the business.
For Muslims, venture capital is a move away from obtaining funding from banks which offer loans that do not adhere to Sharia principles. Primarily, conventional banks offer loans based on interest calculations and interest is prohibited in Islam.
In addition to funding, some venture capitalists offer advice and mentoring to the businesses they invest in. This can be a great boost for those looking for management expertise. This can come in the form of strategic guidance, access to networks, and business development opportunities. The aim is to accelerate the trajectory growth of the business.
To summarise, venture capital plays a significant role in supporting innovation. Many new businesses can struggle to secure the finance to enable them to grow as they do not have a trading history or record of achievement. Being able to access venture capital means ideas become innovations, and innovations can become successful.
Sharia Compliant Venture Capital
When it comes to Sharia-compliant venture capital we are referring to venture capital that operates within the parameters of Islamic finance. The principles of Islamic finance are based on ethical and socially responsible transactions, and zero interest-based lending.
Unlike the more traditional form of venture capital funds, Sharia compliant venture capital invests in those promising businesses that operate in Sharia-compliant industries. This means Sharia-compliant venture capital cannot invest in industries such as the porn, alcohol, or gambling industry.
More likely is that venture capital funds will invest in industries such as healthcare, sustainability, renewable energy, and education.
Innovation And Islamic Finance
A critical element of Sharia-compliant venture capital is to support and encourage innovation within the Islamic finance ecosystem. What this means for businesses and entrepreneurs is that they can pursue Islamic and innovative ideas whilst ensuring they can access funding in a Sharia compliant way.
One of the key concepts within Sharia compliant venture capital is the concept of risk sharing (mudarabah). What this means is for investors to provide the capital to entrepreneurs who use the money to grow and develop the business idea.
Any profits that are generated are then shared between the parties in pre-agreed terms and ratios. In a difficult and unpredictable economy, it means businesses can access finance and develop their product and services where otherwise they may not be able to.
Ethical Investments And Venture Capital
When it comes to investments, Sharia rules are strict and require that investments are fully halal. What this means is that venture capital cannot be spent on haram activities or industries.
Instead, venture capital investments must be used for ventures that are ethical and that contribute to society in a positive way. Not only does this ensure compliance with Islam, but also ensures that the capital is spent in a way that aligns with Islamic finance and the beliefs of the investor and business.
Islamic Finance And Entrepreneurship
When it comes to Islamic finance, money serves mainly as a medium of exchange rather than a tradable commodity value. For entrepreneurs with innovative ideas, they need the money to be able to scale and grow their idea into a profitable business.
When looking for Sharia-compliant venture capital businesses need to look out for:
- Mudarabah/ profit sharing: make sure any contract relating to venture capital investment is based on a fair and pre agreed payment ratio (with losses borne by the investor).
- Musharakah: in this type of partnership arrangement the parties share the profits according to the capital contribution.
- Advisors: make sure that you have access to a Sharia advisor who can advise on compliancy and ongoing compliance.
- Investment: any investment should be halal and in halal industries
- Annual disclosure: check and monitor Sharia compliancy and ensure you have annual disclosure for transparency
- Regulation: ensure there is a regulatory framework that is rooted in Islamic finance.
Ventures Supported By Sharia-Compliant Capital
Many businesses have been supported by Sharia compliant venture capital. The remit of businesses includes fintech companies, digital, and health care sectors.
For any new business or SME looking for investment, venture capital is often the perfect solution.
Venture capital plays a critical role in many different ways:
- provides financial resource and financial services
- supports early stage innovation
- facilitates experimentation and entrepreneurship
- provides guidance via the mentorship model
- offers long term perspective
- provides capital solutions
- offers market exposure
- enables SME to navigate new sectors
- focus away from the bank to the investor
- opportunity to scale growth and capital
- ecosystem and infrastructure development
Future Trends
The future of Islamic venture capital funds looks bright. The Islamic finance market is one of the fastest growing financial markets in the world. Accompanied by technological advancement and the increasing demand for Sharia-compliant products and finance, venture capital funds that adhere to Islamic finance rules will continue to grow.
The demand for ethical venture capital is not only driven by Muslims. There are huge swathes of communities who want to invest in a more socially responsible and ethical way. Not only does this generate sustainable growth, but also supports efficiency and economic prosperity for the long term.
In traditional and western retirement planning there was one main model used for investing and that was the one that created the most profit with any given risk tolerance. However, in recent years, the demand for Sharia compliant retirement planning has grown. This growth alongside the demand for more socially responsible investment means that Islamic finance has created Sharia compliant options for retirement planning.
Socially responsible investing is at the heart of Sharia law. What it means for those looking to build a halal retirement fund is that it limits an investor's portfolio to those kinds of investments that are deemed to be socially responsible.
Retirement Planning
Retirement planning is a key part of planning for the future. It is important for many different reasons including the following:
- Maintaining quality of life
- Facilitating financial independence
- Inflation protection
- Reducing financial stress in later years
- Managing longer life expectancy
- Covering benefits and pension gaps in later years
- Legacy planning
- Facilitating early retirement
Retirement planning ensures that you take a strategic and proactive approach in planning for your future. It is a means of securing your financial future with a roadmap for saving, investment and managing your finances.
WHAT IS SHARIA COMPLIANT RETIREMENT PLANNING?
Sharia compliant retirement planning refers to making financial arrangements for your future that do not contravene Islamic rules relating to financial transactions and savings.
Retirement planning in a Sharia focused manner refers to preparing for retirement whilst adhering to ethical guidelines outlined in Islamic finance.
Let's examine some of the key principles related to Sharia compliant retirement planning:
- Interest - the main rule for halal retirement planning is that you must avoid riba (interest). Islam strictly prohibits any form of interest. If you are planning for your retirement make sure that none of your investments and savings accounts are not linked to interest in any way. In fact, you should ensure that any product, service, or company you deal with does not include interest based products or the payment of interest.
- Risk and profit sharing: Islamic finance rests on the principle that transactions and deals should result in both parties sharing the risk and profit. This creates a more equitable relationship when dealing with money.
- Ethical investment: retirement planning that is halal encourages ethical and socially responsible investing strategies. This means that you should look to invest in industries and companies that lead to social benefit (ie education, healthcare, relieving poverty) and stay away from companies that are involved in haram industries such as gambling, war, and alcohol.
- Charity: although not necessarily related to retirement saving, ensuring you keep up with your zakat and sadaqah payments during your life is important. Not only does this form of charity enhance your adherence to Islam, but it also means that you can set aside money or a portion of your wealth for charitable purposes later on in your life.
- Avoidance of speculation: if you are retirement planning then you need to be choosing products and investment options that are secure. Avoiding speculative products and markets means your long term planning is on more stable ground. Islam seeks to minimise ambiguity and uncertainty in financial dealings. As an investor, you should seek those investments that are asset backed and tangible.
WHAT IS AN INVESTMENT?
An investment is something that you invest in to generate a return. When it comes to halal retirement planning, a halal investment is one that complies with Islamic rules.
There are more products, services and investment options on the market than ever before. Islamic finance is still a dynamic industry, so for anyone looking to plan for their retirement and future you should know that there are many products already on the market.
When it comes to stocks and equities, Muslim investors can construct a portfolio that is Sharia compliant by ensuring that they research the companies, choosing those investments that meet the Islamic finance criteria of being compliant.
Types Of Retirement Accounts
When planning for retirement there are a few different options. You can either use regular investment accounts and earmark part of the savings specifically for long-term investment. Or, you can use retirement accounts that are created for the sole purpose of future planning.
In the UK, there are Islamic pensions that do comply with Sharia principles. They focus on investing in halal industries and assets, using a halal investment plan.
Another form of long-term investment planning includes real estate. For many people, property is a means of planning for your retirement. There are many halal mortgage options in the UK and European markets for Muslims to access. These mortgages are structured to ensure the individual does not have to pay or be charged interest to the bank that provides the mortgage as a lender.
Sharia Compliant Pensions
As an employee in the UK, it is very likely that you are already paying into a workplace pension. In addition to this, you can also have a private pension to supplement your income in retirement.
There are various Islamic pension schemes available, alongside halal Islamic bonds called sukuk and other investments that are Sharia compliant.
Muslims can also look into having a halal SIPP which are self-invested personal plans. These plans are a type of pension that provide individuals with the flexibility to create their own pension portfolio. A halal SIPP is one where the requirement of the pension investments is that they are Sharia compliant.
SHARIA RETIREMENT PLANS - WHY HAVE THEM?
There are many reasons why you should have a Sharia compliant retirement plan, not least so that you adhere to Islamic rules.
As we become an aging population it is more important than ever to ensure we have the means to live and survive as we age.
Sharia retirement plans are necessary because they:
- are a form of voluntary Islamic pension so you can adequately plan for retirement.
- provide opportunity to manage the risk and return for the future
- create a flexible investment plan
- are Sharia compliancy
- lead to secure, halal financial planning
For anyone looking to build a secure halal retirement plan you need to research and make all the relevant enquiries as soon as you can. Look into banks, financial institutions and services that provide pensions and future planning.
Consult with Islamic scholars and financial advisors who are knowledgeable about Islamic finance and give you accurate information.
Remember, the Islamic finance offerings and landscape is ever-changing and growing and the value of its services should not be underestimated. As the economy continues to fluctuate it is important to understand the commercial and business process relating to retirement planning. Understand what it is you need for the future and start making plans now.
Determining Sharia compliancy is a critical part of halal retirement planning. You need to be able to evaluate an investment and eliminate any element of haram so that it aligns with your Islamic belief system.
An Islamic crowdfunding platform has launched in the UK, providing Shariah-compliant finance to small- and medium-sized enterprises (SMEs).
Salaam Gateway reported that Qardus, which is an appointed representative of Financial Conduct Authority-regulated ShareIn, provides unsecured loans of up to £100,000 in the form of a commodity murabahah, an Islamic financing structure in which the seller and buyer agree to the cost and mark-up of an asset.
The platform, which is open to both Muslim and non-Muslim investors in the UK and Europe, has a minimum investment of £100 and offers target returns of 10 per cent per annum.
Capital at Risk. Returns are not guaranteed
July 13 2020, read the full article at P2P Finance News: https://www.p2pfinancenews.co.uk/2020/07/13/islamic-p2p-lending-platform-launches-in-the-uk/
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