Requirement for Securities Shariah Advisers in Ethiopia's Islamic Capital Market
Introduction
As Ethiopia’s capital market
expands with the new Ethiopian Securities Exchange, understanding the unique
role of Securities Shariah Advisers becomes vital. This guide details the
requirements and regulations for Securities Shariah Advisers, emphasizing their
role in ensuring compliance with Shariah principles.
A Securities Shariah Adviser is a
professional who provides expert guidance on the compliance of financial
instruments and transactions with Islamic law (Shariah). This role involves
evaluating and endorsing securities, investment products, and financial
practices to ensure they adhere to principles such as the prohibition of
interest (riba), excessive uncertainty (gharar), and unethical investments.
Shariah Advisers play a crucial role in the Islamic finance industry, helping
to create and maintain products that meet the ethical and legal standards of
Shariah, thereby ensuring the trust and confidence of Muslim investors.
Eligibility Criteria for Securities Shariah Adviser License
The eligibility criteria for a
Securities Shariah Adviser License are similar to those for a Securities
Investment Adviser License:
- Entities: Share companies, private limited
companies, one-person private limited companies, general partnerships,
limited partnerships, or limited liability partnerships must hold valid
registration or permits.
- Individuals: Applicants must be at least 18
years old and meet the competency requirements for a Securities Shariah
Officer as specified in the Competency Framework for Capital Market
Service Providers.
Authorized and Prohibited Activities of Shariah Adviser
Securities Shariah Advisers are
authorized to:
- Provide Shariah expertise and advice on Islamic
capital market products and activities.
- Ensure compliance with Shariah legislations and
directives.
- Apply ijtihad (intellectual reasoning) to ensure
adherence to Shariah principles.
They are prohibited from:
- Managing or maintaining investors' funds.
- Acting as advisers for entities issuing Islamic
capital market products if they are employees of such entities.
Advertisement Restrictions on Shariah Adviser
Securities Shariah Advisers must
adhere to strict advertising standards to prevent misleading statements:
- Advertisements must not contain untrue statements or
be misleading.
- Testimonials and references to past profitable recommendations
are restricted unless fully compliant with specified conditions.
- Any representation of graphs, charts, or formulas
must include prominent disclosures about their limitations.
- Statements offering free reports or services must
ensure there are no hidden obligations.
Appointed Representatives of Sharia Adviser
Entities licensed as Securities
Shariah Advisers must appoint a qualified Securities Shariah Officer, licensed
by the Authority, to ensure compliance with Shariah principles and effective
governance.
Conclusion
Navigating the complex regulatory
landscape of Ethiopia’s emerging capital market requires a thorough
understanding of the eligibility, responsibilities, and limitations of
Securities Investment Advisers, Securities Robo Advisers, and Securities
Shariah Advisers. Adhering to these guidelines ensures compliance, enhances
transparency, and trust in the Ethiopian Capital Market.
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