Islamic Finance and Impact Investing

If you're a business owner unsure about what's your best option for an unsecured business loan, you're not alone in being uncertain. On the face of it, there's an overwhelming choice of business loan providers, along with many different types of loan. How do you know what's right for you?The last thing you want is to sign up to a finance agreement only to discover:

• It costs you more than you expected.
• It's not as flexible as you hoped.
• You can't repay early without paying penalties.

To avoid problems like these, it pays to plan ahead and to assess your options carefully.Here are some alternative forms of business finance, not all of which are unsecured loans.

The traditional business loan from your bank

Years ago bank managers were open to taking a risk on lending money to business owners. But as layers of regulation have been added over the last few years, the historic banks have become more cautious about who they will support by providing finance. Even opening a business bank account is much more difficult than it used to be.

While regulation provides important protections to both finance providers and borrowers, the historic banks often add to this bureaucracy with their own internal processes and requirements. While these loans are usually unsecured, the bank wants some form of personal guarantee from the directors.

That said, every year businesses raise working capital by borrowing millions of pounds from the long-established banks, usually through fixed-term loans.

Borrowing from your friends and family

For many business owners, particularly those launching a new business, friends and family are the initial source of finance. This has its advantages, including:

• Often at a lower cost than a commercial rate of interest.
• Repayment options can be more flexible.
• Any interest or fees are kept inside your friends and family community.

While this approach offers a host of benefits, there are also potential risks to this informal approach to business finance. The lender could suddenly need some or all of their money back to cover an unanticipated need, or the business may not be able to meet the agreed repayments.

Personal relationships between friends and family can be put under pressure through these arrangements, if they are not managed well or if the business fails to perform as expected.

Asset finance

You could fund the purchase of a specific business asset - such as a building or a vehicle - using asset finance. This is a loan that's linked specifically to that asset and is usually secured against it. Should you fail to make the agreed repayments, the lender has legal rights to recover some of their money by taking control of the asset.

Secured loans, such as these, often take a little longer to set up because the process needs to include valuation of the asset and preparation of additional documentation. Your business can also use asset finance to release capital from an asset it already owns. Many finance providers are willing to advance cash against the value of an asset, even when it's been in use for a while.

The funding is repaid from future income that asset helps the business to generate.

Invoice finance or merchant cash advances

Both invoice finance and merchant cash advances are methods of boosting your working capital based on the value of your sales. Rather than receiving a lump sum of cash, as you do with a loan or similar form of finance, you get a rolling injection of smaller amounts of cash, in line with your sales. As turnover grows, the value of these injections can grow.

Invoice finance is suitable for businesses that sell on credit. When you raise an invoice that's due in, say, 30 days, the invoice finance provider pays you a high percentage of the value of the invoice. You benefit by effectively being paid a few weeks in advance - which improves your cashflow.

A merchant cash advance is more appropriate where you sell a considerable amount through credit and debit cards. You can get an advance based on the level of card sales you've enjoyed in the past.

Both these forms of finance help to improve your cashflow, but they're not designed to raise the large amount of capital you may need to invest in a new business growth project.

Investment finance

Whether it's through an angel investor, or venture capitalists, or some other arrangement, investment finance is where someone puts money into your business in return for a share of ownership. This means it's not a business loan, but typically a longer-term commitment with the intention of helping you to grow the business.

The finance may come with additional support, such as business advice and mentoring from someone with greater experience.

The investor typically expects to get their money back, and more, when the business has grown in value and their share is worth more. This may occur when you sell the business, which allows all the investors to capitalise on the money they put in.

The benefit of investment finance is that there are often no regular repayments to budget for, and the cash could come with additional support. The downsides include the dilution of ownership, and the possibility that the investor wants some element of control over how the business is operated.

Crowdfunding

The digital revolution has made it much easier for businesses to raise finance from the wider community, through crowdfunding hubs. These hubs allow people to invest often a relatively small amount of capital into a project. These amounts are aggregated together, giving the business a sizeable fund it can invest in growth.

Crowdfunding comes in various forms. It's popular with startups, particularly those who can establish a connection with a community of people interested in seeing particular ideas turned into viable products, such as video games or new technologies. Peer-to-peer funding networks also work on crowdfunding principles, but are generally more structured and offer more protection to those putting their money in.

Unsecured business finance from Qardus

If you're a business owner, if that business is profitable and if you're serious about growing it, we want to hear from you.

We've supported a wide range of businesses through our unsecured finance product. It's a community-based alternative to an unsecured business loan, and it's rooted in an ethical approach to commercial finance.

If you're considering taking out a business loan and you're open to exploring something that gives you all the same benefits and flexibility, and is also competitively priced, please get in touch with us today.

Non Fungible Tokens

NFT stands for non-fungible token. Essentially, and explained very basically, NFTs are digital assets that can be traded online. Non-fungible tokens are not interchangeable with any other item and are therefore unique.

Currently, NFTs are taking the collectible and digital world by storm due to their popularity. NFTs enable creators to represent ownership of their very unique assets. The NFT itself is a token of ownership with clear and identifiable ownership trails. This means that there is an indisputable copyright status, and royalty protection.

The uniqueness of NFTs lies in the fact that they cannot be replicated. There can only be one owner at any time and the record of ownership cannot be fabricated as it is secured on the blockchain technology. NFTs have their own unique identifying code and this means they create their own digital scarcity.

As NFTs are unique digitally this means that no two NFTs will be the same and their uniqueness provides for a great financial investment opportunity.

Examples Of Nfts

Some examples of NFTs include the following:

• unique digital artwork
• trainers in a limited edition collection
• digital collectibles such as the Lebron James 'dunking against the Houston Rockets' moment
• internet domain names
• Internet GIFS such as the recent Taco Bell series of GIFS
• In-game items
• Ticketing for events

NFTs have exploded onto the mainstream because big brands and celebrities have started to realise how useful and lucrative they can be. High profile company Adidas recently launched a collaborative NFT partnership with Prada, and even McDonalds have added NFT to their marketing and advertising strategy.

These latest collaborations have made the news and brought NFTs firmly into the mainstream spotlight.

HOW DO NFTs WORK?

In its very simple form, NFTs work on the basis that they are not divisible, interchangeable, or assignable. The Ethereum blockchain technology enables the NFT to be fully traceable and trackable. Information about the NFT is stored securely on blockchain technology and this gives investors peace of mind and reassurance.Similar technology that is used for cryptocurrency investments is used for NFTs to guarantee the uniqueness of the NFT. The blockchain technology is the digital ledger that contains the proof of ownership. This means that it is impossible to create duplicates of frauds. This in turn means the price of NFTs can rise based on their features.

NFTs can include anything from digital files, photography, music, art, and videos. Recently, there have even been tweets from web content that have been made into NFTs.

Although NFTs have been around since 2014, 2021 was a bumper year for the NFT economy as NFT financial transactions and sales increased massively with investors building and diversifying their portfolios.

Difference Between Nft And Cryptocurrency

Although NFTs are built using similar technology to cryptocurrency, they are actually very different from cryptocurrency. NFTs are traded and generated using cryptocurrency.

However, unlike cryptocurrency, NFTs can't be exchanged because no two NFTs can ever be identical. What you are purchasing when you buy an NFT is a unique code that will manifest itself as a unique digital item.

For example, if you have multiple £10 notes in your wallet, these are interchangeable. You can use any one of them to make purchases. These notes are fungible - they are interchangeable. In contrast, consider the NFT sale of Jack Dorsey's first tweet that he sold for $2.9 million. This tweet is original and cannot be interchanged or replicated.

HOW TO MAKE MONEY WITH AN NFT

Many investors treat NFTs as they would a stocks and shares investment. They profit from buying and selling NFTs.

For collectors, NFTs are a great investment as they act as digital assets with proof of ownership that cannot be replicated. Each NFT has a digital signature that makes it impossible for it to be exchanged with like for like. Cryptocurrencies, in contrast, are considered to be fungible assets as they can be interchanged with each other.

For creators, they can create and sell their NFTs on various platforms and websites online that act in a similar way to Etsy or Amazon. These websites hold all the data relating to the NFT securely.

For investors, you can sell or trade NFTs. Of course, as with any investment you will need to know when the best time to sell is and factor in any kind of appreciation or depreciation of your NFT.

For many people, NFTs represent a fun but lucrative investment.

INVESTING IN NFTs - THE FUTURE

Although it is difficult to predict the future of NFTs, they are here to stay and experts predict that they will only increase in value and popularity. If wealthy investors continue to invest the NFT market will grow and move beyond gaming and art realms.

Investors looking for long-term investments that are likely to grow in popularity are drawn to NFTs as they have the potential to increase in value, quickly.For investors the main benefits are that NFTs provide the following:

• Proof of ownership
• Exclusive access
• Certifiable authenticity
• Marketplace efficiencies
• Safe blockchain technology
• Facilitate diversification

From a Sharia point of view, scholars understand that NFTs are still very much in their infancy. Any investor needs to ensure that no Sharia principles relating to assets and Islamic finance are breached. For example, investing in NFTs that operate within haram industries such as gambling, alcohol, or porn would be deemed impermissible under Sharia rules.

Islamic Finance provides a financing mechanism without Riba (interest), Gharar (gross uncertainty) and Maysir (gambling). These three are the key to all economic oppressions, economic imbalances and instability. They give rise to micro and macro risks which impact the overall wellbeing of an economy. Islamic Finance offers alternative structures and products which are free from Riba, Gharar and Maysir. One of these products is Commodity Murabaha.

In minorities where it is difficult to get Shariah compliant working capital financing for SMEs, Commodity Murabaha is an alternative Shariah compliant product and financing mechanism. Commodity Murabaha is the most common Islamic money market tool that is used to provide liquidity in the short-term Islamic money markets. The AAOIFI Shariah Standards, the majority of global Shariah scholars and global Shariah boards approve of Commodity Murabaha if it is implemented correctly with the correct controls to overcome financing challenges. The classical jurists also approved of a Tawarruq or Commodity Murabaha structure. In fact, Mufti Taqi Uthmani has produced a detailed research paper on Commodity Murabaha outlining the views of classical scholars. Ibn Muflih from the Hanbali school, Imam Shafi’i, Ibn al-Humam and Ibn Abidin from the Hanafi schools have all permitted this product and narrate its permissibility from other classical jurists[1].

Working capital financing is used to cover a company's short-term operational needs and not to buy long-term assets or investments. Those needs can include costs such as payroll, rent and inventory and other costs associated with daily operations etc. Practically, business owners who are looking for shariah-compliant working capital financing to cover their short-term operational needs generally prefer entering a Commodity Murabaha Agreement where a fixed profit rate and corresponding deferred sales price instalments is specified in advance. This allows them to finance their growth at a lower cost of capital as compared to for example using profit and loss sharing (PLS) arrangements such as Mudarabah and Musharakah that result in a higher effective cost of capital. PLS arrangements are better suited for business ventures where there is a higher risk of loss. Profit and loss sharing refers to financing whereby parties enter into equity financing arrangements where the financier has a share ownership in the business.Furthermore, a stable business looking to finance their working capital might not want to dilute their ownership through equity financing. Stable businesses will not want to share their upside so would prefer debt-based financing. By doing so, they are happy to protect the financier from the downside and retain exclusivity to the upside. A PLS is favourable where there is greater risk of downside and therefore the business is happy to share the upside.

In the UK, the most direct and common way for a party to obtain working capital is to obtain an interest-bearing loan from a third-party finance provider. Since a conventional loan represents a purely monetary transaction—in essence, the use of money by a party in exchange for the payment of compensation based on the length of usage—this type of loan may not be given or received by Shariah-compliant investors. The Commodity Murabaha product allows Muslims to finance their working capital without being exposed to interest-based financing.

The Commodity Murabaha agreement has been conscripted to fill the void. A customer enters into a Commodity Murabaha transaction not to obtain a physical asset for its use, but to engage in a series of purchase and sale transactions that result in the customer obtaining working capital. In a basic Murabaha transaction, the customer receives assets in return for a deferred payment obligation, and then employs those assets in its business. In a Commodity Murabaha transaction, the customer takes the additional step of selling the assets to a third party for cash, which represents the working capital (or financing for an acquisition, as the case may be) required by the customer. Note that the customer would not necessarily be required to sell the Assets to a third party; it merely is allowed to do so, as owner of the assets. The sale of the assets to a third party is not an element required to make the Commodity Murabaha transaction a valid transaction under Shariah.

To ensure that this product is not a smokescreen for Riba (usury/interest), contemporary Shariah scholars have placed several controls. The AAOIFI Shariah Standard highlights these controls to ensure that Commodity Murabaha aligns with the principles of the classical jurists. These controls are as follows:

1. Different brokers: The trades must involve the market and involve different brokers from the buy and sell side. This ensures that the trades are genuine and that the brokers are selling/buying the asset with an interest in the asset.
2. Real asset :The trades must involve a real asset. A fictitious product cannot be sold. The asset transaction must impact the inventory of the seller and the eventual buyer.
3. Real trades: All the Shariah requirements for trading must be met in terms of valid offer, acceptance, legal capacities of the parties, agreement on the commodity, agreement on price etc.
4. True ownership: The traders should assume true ownership through true sales of the underlying commodity.
5. Possession: The traders must assume possession; either physically, constructively or digitally. This possession must allow them to dispose of the asset or redeem the asset.
6. Correct Sequence: The Commodity Murabaha must be performed in a correct sequence which further establishes and validates all of the above key elements.
7. Discretion to not sell: The traders must have the discretion to not sell and hold. This ensures that the trade is not fictitious.
8. Different agents: The financier should not be the sole agent for all the parties involved in the Commodity Murabaha.

By meeting the above principles, the Commodity Murabaha is a Shariah compliant, asset-backed financing mechanism which aligns with the principles of Islamic Finance. From a micro-economic perspective and for a Muslim minority in the UK context, this product provides a valid Shariah compliant alternative in a system where every corner and every offer are interest-based. An overview of the Commodity Murabaha facility used by Qardus for SME business financing can be found here.

You can contact Mufti Faraz Adam on sharia@qardus.com

[1] Uthmani, M.T. (1998), Buhuth Fi Qadhayah Fiqhiyyah Mu’asarah. Dar al-Qalam