Implementing Regulations of the Bankruptcy Law

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  • Council of Ministers Decision No. (622) dated 24/12/1439 AH

  • The Council of Ministers

  • After reviewing the correspondence received from the Royal Court No. 50994 dated 7/10/1439 AH, including the letter of His Excellency the Minister of Commerce and Investment No. 49523 dated 19/9/1439 AH, regarding the draft Implementing Regulation of the Bankruptcy Law.

  • After reviewing the aforementioned draft regulation.

  • After reviewing theBankruptcy Law, issued by Royal Decree No. (M/50) dated 28/5/1439 AH.

  • After reviewing the server Process No. (1653) dated 19/12/1439 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (5937) dated 22/12/1439 AH.

  • It is decided as follows:

    • First: Approval of the Implementing Regulation of the Bankruptcy Law, in the attached form.

    • Second: Anyone who meets the following conditions shall be licensed and listed in the trustees' list at the Bankruptcy Committee for a period of one Hijri year from the effective date of the law:

      • A- To be a Saudi national.

      • B- To be of good conduct and behavior, and not to have been convicted of a crime involving honor or trust, or convicted by any court or disciplinary committee, unless he has been rehabilitated.

      • C- To hold basic membership in the Saudi Organization for Certified Public Accountants, or to be a licensed lawyer practicing the legal profession and holding an academic or professional qualification in the field of accounting, accredited by the Saudi Organization for Certified Public Accountants.

      • D- To have practical experience of not less than (3) years after obtaining the basic membership or the law license.

    • Third: No one shall be listed in the trustees' list after the expiration of the period referred to in clause (Second) except those licensed by the Bankruptcy Committee, in accordance with theLicensing Rulesissued by it.

  • Prime Minister

Chapter 1: General Provisions

Article 1

  • 1. The following terms and phrases, used herein, shall have the meanings assigned thereto in Article 1 of the Bankruptcy Law, issued by Royal Decree No. M/50, dated 28/5/1439H.

  • 2. The following terms and phrases, used herein, shall have the meanings assigned thereto, unless the context requires otherwise:

    • Bankruptcy Procedure: Any of the bankruptcy procedures stipulated in Article 2 of the Law.

    • Information and Documents: Information and documents specified by the Bankruptcy Committee, in coordination with the Ministry of Justice.

    • Meeting Management Rules: Rules issued by the Minister for managing meetings related to the bankruptcy procedures.

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Article 2

Previous Amendments
  • 1 - The following shall be considered an organized entity:

    • ‌A - Companies whose activity is to provide health services and products and that meet the standards of organized entities set by the competent authority.

    • ‌B - Companies whose activity is to provide educational services and materials and that meet the standards of organized entities set by the competent authority.

    • C - Payment systems, their operators, and service providers.

  • 2 - The competent authority shall determine the organized entities within its jurisdiction according to standards it establishes for that purpose, in coordination with the Bankruptcy Committee.

Article 3

  • Members of the debtor’s board of directors or board of managers, or his managers, or the like shall, prior to including voluntary liquidation on the agenda of the shareholders or partners assembly to be voted on, submit the following to the Ministry or the Capital Market Authority, as the case may be:

    • a) A report prepared by the auditor, accompanied with an updated budget, confirming that the debtor's assets are sufficient to satisfy all his debts at the end of the proposed voluntary liquidation period, provided that said report is submitted within a period not exceeding 14 days from the preparation date.

    • b) A written declaration therefrom stating that the debtor has not defaulted in the payment of his debts.

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Chapter 2: Common Provisions of Bankruptcy Procedures: Petition for the Initiation of a Bankruptcy Procedure

Article 4

  • 1. The petition for the initiation of a bankruptcy procedure shall be filed with the court accompanied with the required information and documents.

  • 2. The trustee shall submit the decision of the small debtor or the competent authority, for judicial depository purposes, accompanied with the required information and documents.

  • 3. If a person other than the debtor files a petition for the initiation of a bankruptcy procedure, the court may order the debtor to submit the information and documents referred to in paragraph (1) of this Article.

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Article 5

  • The court may, on its own motion or upon the request of a person with interest and after the registration of the petition for the initiation of any of the liquidation procedure, order any of the following:

    • a) Appointment of a listed trustee to replace the debtor in managing his business and fulfilling his legal duties pending a court decision on the petition for procedure initiation.

    • b) Attachment of the debtor's assets whether in his possession or the possession of a third party.

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