Consultation · SECP · 26 Sep 2023
The Securities and Exchange Commission of Pakistan published draft amendments to the Associations with Charitable and Not for Profit Objects Regulations, 2018 for public comment within fourteen days. The draft substitutes regulation 7(xii) to require companies not to exploit or offend religious susceptibilities and to ensure Islamic donations, including zakat and sadaqah, are not received, invested or utilized contrary to Shariah principles, with a Shariah opinion in the form of a Fatwa from a Commission-registered Shariah Advisor annexed to audited financial statements. It also adds regulation 13(1A) requiring companies to disclose their policy for receipt, investment and utilization of Islamic donations, the amount of such donations and the avenues where utilized, in the financial statements.
Government of Pakistan
Securities and Exchange Commission of Pakistan -.-.-.-
Islamabad, the 20th September, 2023
S.R.O. 1355 (I)/2023.- The following draft amendments to the Associations with Charitable and Not for Profit Objects Regulations, 2018 proposed to be made by the Securities and Exchange Commission of Pakistan, in exercise of powers conferred by section 512 of the Companies Act, 2017 (XIX of 2017), are hereby published for information of all the persons likely to be affected thereby and notice is hereby given that comments, if any, received within fourteen days from the date of publication of this notification will be taken into consideration by the Securities and Exchange Commission of Pakistan, namely:-
In the aforesaid Regulations, -
(1) in regulation 7, for clause (xii), the following shall be substituted, namely: -
“(xii) the company shall:
(a) not exploit or offend the religious susceptibilities of the people; and
(b) ensure that Islamic donations, including but not limited to zakat, sadaqah or in any other form, shall not be received, invested, or utilized by it in any way that is contrary to the Shariah principles:
Provided that it shall be the responsibility of the company to arrange a Shariah opinion in the form of a Fatwa from a Shariah Advisor registered with the Commission for collection and utilization of such Islamic donations, which shall be duly annexed with the audited financial statements of the company.”
(2) in regulation 13, after sub-regulation (1), following new sub-regulation (1A) shall be added, namely: -
“(1A) The company shall clearly disclose its policy for receipt, investment and utilization of Islamic donations, as mentioned in regulation clause (xii) of regulation 7, in the financial statements and shall also disclose amount of such donations and avenues where utilized.”
[File No. CLD/CCD/CO.42/17/2005]
( Bilal Rasul )
Secretary to the Commission
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The documents this one cites, and the documents that cite it.
“The following draft amendments to the Associations with Charitable and Not for Profit Objects Regulations, 2018 proposed to be made by the Securities and Exchange Commission of Pakistan”
“in exercise of powers conferred by section 512 of the Companies Act, 2017 (XIX of 2017)”
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