In the Name of Allah, The Gracious, The merciful Omdurman National Bank Mudaraba Contract...
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1 In the Name of Allah, The Gracious, The merciful Omdurman National Bank Mudaraba Contract.. The following contract has been signed between: Firstly: Omdurman National Bank...branch referred to thereinafter and for the purpose of this contract as the capital owner (the bank) Secondly: Mr/Mrs..sign on behalf of him/her. Referred to thereinafter as the Mudarib (the second party) The second party requested the bank to enter in Mudaraba operation. And the bank agreed to this request. And the two parties agreed to sign a Mudaraba contract according to the provisions of Islamic Sharia under the following conditions: 1. The two parties agreed to engage in a Mudaraba (restricted).... And the bank has committed to pay the Mudaraba capital sum amounting to.. a) Upon signing this contract. b) Or in installments as follows...
2 2. The Mudaraba duration is starting from the date of this contract and end at.. 3. The second party is committed to manage Mudaraba operation, (purchasing and selling etc) at the best conditions available observing the mutual interest to establish the Mudaraba and maintain its assets. 4. Bank account in the name of the second party ( Mudarib) is opened in the bank and the capital of Mudaraba would be deposited in the account to be further drawn by the second party. 5. The second party should maintain a separate and organized accounts pertaining to Mudaraba and they should be supported by legal documents and bills. The bank has the right to audit the so-called accounts by a legal auditor assigned by the bank. 6. The second party is committed to use the Mudaraba capital in its special purpose and not to mix it with his own money or other`s without prior permission from the bank or giving it others as Mudaraba, lending it to others or borrowing against collaterising it. Also, he / she committed that to deal with the Mudaraba capital in any aspects different than what has been agreed upon. 7. The second party is committed to provide an acceptable guarantee to the bank securing his/her repayment of due amounts for the bank in cases of infringement, default, negligence and violation of this contract. 8. The second party should insure the commodity subject of this contract against the probable risks.
3 9. The second party should provide a regular report to the bank according to the nature of Mudaraba ( weekly / bimonthly / monthly / quarterly annually / biannual ) 10. The second party is committed to present final accounts about Mudaraba operations upon its clearance containing expenses of Mudaraba and the realized profits. The bank can request the second party at any time before the final clearance to provide a report about the Mudaraba and its accounts. 11. Mudaraba would only bear the actual direct expenses of the operation. 12. The second party is committed to manage the Mudaraba operation himself/herself and not to delegate another person to do that without prior agreement from the bank. 13. The Mudaraba will be terminated at the expiry of its validity date or upon realization of its goals or upon an urgent need to revoke this contract by either parties provided that no party will be harmed or upon the death or loss of legal eligibility. 14. The bank (the capital owner) has the right to revoke this contract in a one of the following cases : a/ violation of any provision of the contract by the second party. b/ upon the death of the second party or losing his/her legal eligibilty for contracting. c/ when the second party announce his / her bankruptcy or start procedures of announcing bankruptcy optionally or compulsorily.
4 15. The resulted profits from Mudaraba should be distributed as follows: 1/.% for the bank (the capital owner) 2/ % for the second party (Mudarib) 16. The two parties can agree that if the profit exceed a certain amount, the surplus would go to the Mudarib. Also, they can agree to share this increase giving a higher percentage to the Mudarib. 17. In case of loss without infringement, negligence and violation of this contract by the second party (Mudarib), the bank (the capital owner) would bear it completely. 18. Upon clearing the Mudaraba and submission of the final accounts: a. The second party should repay to the first party the Mudaraba capital. b. If the Mudaraba fails to realize profit and the capita remains safe, the bank has the right to take the capital without any thing to be given to the Mudarib. c. If the Mudaraba loses without infringement, negligence and violation of this contract by the second party, he / she will have nothing to bear. d. If the Mudaraba realized a loss as a result of infringement, negligence and violation of this contract from the second party, the first party has the right claim all the capital from second party.
5 Signatures : Name Name Signature signature On behalf of/ Omdurman National Bank the second party Witnesses: 1/Name 2/ Name Signature signature
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