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  • Monday, 13 June 2016 13:10

Guarantor is one of the basic factors of Sukuks. Guarantor is act as someone who guarantees the capital and the profit of Securities owners (the first article and item of instruction of Sukuks distribution) and the regulations require its existence. Credit rating will determine the existence or nonexistence of Guarantor. If the corporation has credit rate, according to the 23rd item of instruction of Sukuks distribution, the existence of Guarantor dose not required. Credit rating reveals that whether the Originator has sufficient financial power and enough capital to meet its obligations or not; and guarantees its financial qualification to pay profit and the Securities itself. The conditions of Guarantor and Guarantee according to legal provisions in Islamic Securities:

The Guarantor must be independent of the Originator.

The Guarantor must have sufficient solvency to be a Guarantor.

The Guarantor will be committed to pay the amount that is guaranteed on, only when the Originator refuses to pay it.

The Guarantee of the Guarantor is apart from basic connections between the Guarantor and Originator: Guarantor must undertake anyhow the responsibilities that not met by the Originator, although the Originator ignores its obligations versus the Guarantor.