a. These Regulations aim to regulate the registration, offering and management of investment
funds and associated activities in the Kingdom.
b. These Regulations shall have no prejudice to the provisions of the Capital Market Law and
its Implementing Regulations, including, the Market Conduct Regulations, the Capital
Market Intuitions Regulations, the Securities Business Regulations and the Rules for
Special Purposes Entities.
a. Any reference to the “Capital Market Law” in these Regulations shall mean the Capital
Market Law issued by Royal Decree No. M/30 dated 2/6/1424H.
b. Expressions and terms in these Regulations have the meaning which they bear in the Capital
Market Law and in the Glossary of defined terms used in the Regulations and Rules of the
Capital Market Authority, unless the context indicates otherwise.
a. A person who intends to offer units in an investment fund in the Kingdom, must comply
with these Regulations, and the provisions of the Rules for Special Purposes Entities (where
applicable).
b. A fund manager, fund operator, custodian, distributor, market maker, adviser and any
member of the fund board of an investment fund in the Kingdom must comply with these
Regulations, and the provisions of the Rules for Special Purposes Entities (where
applicable).
The Authority may waive a provision of these Regulations in whole or in part as it applies to a
person either on an application from such person to whom the relevant provisions of this Article
would otherwise apply or on the Authority’s own initiative.
The Authority may impose a fee on the fund manager and the distributor as the Authority may
prescribe.
Any person subject to these Regulations may appeal to the Committee in respect of any decision
or action that the Authority takes under these Regulations.
This Part shall apply to both public funds and private funds.
a. The fund manager must be a capital market institution licensed to carry out the activity of
managing investments and operating funds or the activity of managing investments.
b. Where the fund manager was licensed to carry out managing investments activity, without
the license to carry out operating funds activity, it must appoint a capital market institution
licensed to carry out managing investments and operating funds activity to operate the
investment funds under its management.
c. A capital market institution appointed under Paragraph (b) of this Article may be a
custodian of the relevant investment fund.
d. A capital market institution appointed under Paragraph (b) of this Article shall be
responsible for the fund’s compliance with the provisions of the Capital Market Law and
its Implementing Regulations.
e. As an exception to the provisions of Paragraph (a) of this Article, the fund manager of the
private real estate investment fund must be a capital market institution licensed to carry out
the activity of managing investments and operating funds.