a) These Instructions aim to regulate the opening and operation of investment accounts by capital market
institutions when they provide any services related to dealing, management, custody, or investment
through securities crowdfunding platforms activities; and define the regulatory and supervisory rules
related to investment accounts.
b) These Instructions are without prejudice to the Capital Market Law and its Implementing Regulations,
the Anti-Money Laundering Law and its Implementing Regulations, and the Combating-Terrorism
Crimes and its Financing Law and its Implementing Regulations.
a) The capital market institution, before accepting any client and opening an investment account for him,
must ensure his compliance with all of his obligations stated in the Capital Market Law and its
Implementing Regulations, the Anti-Money Laundering Law and its Implementing Regulations, and
the Combating-Terrorism Crimes and its Financing Law and its Implementing Regulations.
b) The capital market institution, when accepting any client, must not provide any services related to
dealing, managing, custody, or investment through securities crowdfunding platforms activities until
obtaining the client’s approval on an investment account opening agreement and documenting such
approval and opening an investment account to that client. The investment account opening agreement
must contain all the information mentioned in Article (4) of these Instructions.
c) The capital market institution may rely on a third party to carry out the customer due diligence measures
in accordance with the related provisions of the Anti-Money Laundering Law and its Implementing
Regulations, and the Combating-Terrorism Crimes and its Financing Law and its Implementing
Regulations for any person for whom these Instructions permit the opening of an investment account.
d) The capital market institution must verify the actual relationship between the clients and the natural
persons who open or operate investment accounts on their behalf such as guardians, agents, trustees, or
authorised signatories in accordance with the relevant provisions in the Anti-Money Laundering Law
and its Implementing Regulations, and the Combating-Terrorism Crimes and its Financing Law and its
Implementing Regulations.
e) In all situations in which these Instructions require the verification of documents, data, or information,
such verification must be done through documents, data or information from a reliable and independent
source.
f) Depending on the risk profile of a particular client, the capital market institution, when carrying out the
customer due diligence measures, must determine if original copies of any of the documents should be
checked in order to verify their validity.
g) The capital market institution, when using technology means to open the investment account, must
carry out the customer due diligence measures depending on the level of risks involved in that, and
according to any requirement that the Authority specifies.
h) The capital market institution must not open an investment account for an individual establishment,
except for organizations licensed under the Law of Civil Society Associations and Organizations, for
which an investment account is opened pursuant to paragraph (d) of Article 7 of these instructions, and
establishments owned by endowments, for which an investment account is opened pursuant to
paragraph (e) of Article 7 of these instructions.
i) Without prejudice to the terms of business with clients’ requirements mentioned in the Capital Market
Institutions Regulations, the capital market institution is exempted from implementing paragraph (b)
of this Article when providing any services related to dealing for its client where such client appoints
an independent custodian.
In addition to the terms of business with clients’ requirements mentioned in the Capital Market Institutions
Regulations, the investment account opening agreement must include, as a minimum, the following:
a) Information of the client's Identification Document, address, contact information, occupation and, if
the client is a legal person, its main business activity.
b) An acknowledgment by the client that he understands the terms and conditions of the investment
account opening agreement, and that all data and information provided to the capital market institution
are correct, complete, valid and not misleading.
c) An undertaking by the client of his commitment to update his data and information or confirm, upon
the capital market institution's request, that there are no changes to such data and information at the
end of the relevant time period specified by the capital market institution pursuant to the rules and
policies approved by the capital market institution in accordance with the level of risks associated with
the client; and the client’s commitment to provide information of his renewed Identification
Documents upon the expiration of the original Identification Documents. The client shall provide an
acknowledgment of his awareness that the capital market institution will freeze his investment account
upon his failure to meet such commitment, and also provide an undertaking to adhere to the Capital
Market Law and its Implementing Regulations, and other laws and regulations of the Kingdom,
especially the Anti-Money Laundering Law and its Implementing Regulations, and the Combating-
Terrorism Crimes and its Financing Law and its Implementing Regulations.
d) Unless the company is listed on an exchange, the investment account opening agreement signed with
any company must include an undertaking to immediately notify the capital market institution upon
any change to any of the documents, information or data that were previously provided when opening
the investment account.
Upon the client's request, the capital market institution must provide the client (using any appropriate
means) with the investment account identification information, which shall contain the client's name and
number of the investment account as well as the capital market institution's name.
a) Opening Investment Accounts for Saudi Natural Persons
To open an investment account for a Saudi natural person, the capital market institution must obtain
and verify the client's valid national identification card information.
b) Opening Investment Accounts for the Citizens of the GCC Member States
To open an investment account for a citizen of a GCC member state, the capital market institution
must obtain and verify the client's valid passport or national identification card information.
c) Opening Investment Accounts for Foreign Residents in the Kingdom
1) Foreign Residents Carrying a Residence Permit (Iqama) or Resident Identity:
To open an investment account for a foreign resident who holds a residence permit (Iqama) or
resident identity, the capital market institution must obtain and verify his valid residence permit
(Iqama) or resident identity information.
2) Holders of the Five Years Residency Card:
To open an investment account for a holder of a five years residency card, the capital market
institution must obtain and verify the valid five years residency card information.
3) Members of the Diplomatic Missions in the Kingdom:
To open an investment account for a member of a diplomatic mission in the Kingdom, the capital
market institution must obtain and verify an identification letter from the member's embassy and
the member's valid diplomatic identity card information.
d) Opening Investment Accounts for Foreign Natural Persons Residing in the GCC Member States
To open an investment account for a foreign person residing in a GCC member state for the purpose
of investing in the permitted securities in accordance with the Capital Market Law and its
Implementing Regulations and the related instructions issued by the Authority, the capital market
institution must obtain and verify the valid Resident Identity information and passport information.
e) Opening Investment Accounts for Foreign Natural Persons not Residing in the Kingdom or in
the GCC Member States
To open an investment account for a foreign natural person not residing in the Kingdom or in a GCC
member state for the purpose of investing in the permitted securities in accordance with the Capital
Market Law and its Implementing Regulations and the related instructions issued by the Authority,
the capital market institution must obtain and verify the client's valid passport information.
f) Special Provisions for Opening Investment Accounts for Natural Persons
1) Opening an Investment Account for a Blind Person or a Person Unable to Read
a. When opening an investment account for a blind client or a client unable to read, the client
shall be entitled to have a personal referee in attendance to explain to him the investment
account opening procedures and terms and conditions stated in the investment account
opening agreement. In cases where the client does not have a personal referee in attendance,
an employee of the capital market institution must explain the procedures to him, and an
officer in the branch or the main offices of the capital market institution must certify that the
client was provided with all information of Know Your Customer Form and investment
account opening agreement, and that terms and conditions of the investment account were
read to him, and he acknowledged that he bears all responsibilities of opening that investment
account.
b. The referee of the blind person or the person unable to read must be a natural person with
full legal capacity who personally knows the blind person or the person unable to read
intending to open an investment account; hold a valid Identification Document; be able to
explain the investment account opening procedures to the blind person or the person unable
to read; be able to read the terms and conditions of the investment account opening
agreement; and provide an acknowledgement in writing of such.
c. The Identification Document information of the personal referee must be obtained and
verified.
d. When an investment account is opened for a blind client or a client unable to read, such client
shall not be allowed to use any services provided by telephone or electronic channels for operating the investment account until one of the capital market institution's employees or
his personal referee reads to him the terms and conditions related to such services and the
capital market institution informs him that such services are provided to him based on his
will, choice, and awareness of the risks associated with using such services and the client’s
legal liability for all transactions executed through such services. The capital market
institution shall also obtain a written acknowledgement signed by the client indicating that
he understands the above terms.
e. The capital market institution may use the client's fingerprint or personal stamp as his
personal signature in all of his transactions.
f. With the exception of any transactions carried out by telephone or electronic channels, in
order for the capital market institution to accept any instructions from a blind client or a client
unable to read, the capital market institution must obtain the client's signature on such
instructions with the client's awareness and responsibility of the instructions he signs. Also,
if the blind client or the client unable to read was accepted as a client with a personal referee
when opening the account, the capital market institution must obtain an acknowledgement
in writing signed by a personal referee that meets the conditions stated in subparagraph (b-
1) of paragraph (e) of this Article that the client is aware of the procedure's nature and that
he bears liability as a personal referee.
2) Opening an Investment Account for Persons Under the Age of (18) Hijri Calendar Years:
a. An investment account for a person under the age of (18) Hijri calendar years is opened by
a guardian, provided that the investment account is under the name of the client and operated
by the guardian.
b. The Identification Document information of the client who is under the age of (18) Hijri
calendar years and the Identification Document information of his guardian must be obtained
and verified.
c. If the client is a Saudi citizen under the age of (15) Hijri calendar years, the family card
information that shows the client's information and the valid national identification card
information of his guardian must be obtained and verified, without requiring the client to
provide a national identification card.
d. If the client is under the age of (18) Hijri calendar years and under legal guardianship, the
capital market institution must obtain and verify information of the guardian's deed issued
by the competent court and comply with all its provisions.
e. If the client is a foreigner under the age of (18) Hijri calendar years and his name is added to
another person's residence permit (Iqama) or resident identity, the information of the valid
residence permit (Iqama) or resident identity (to which the client's name is added) must be
obtained and verified, provided that the investment account is under the name of the client
and opened and operated by the holder of the residence permit (Iqama) or the resident identity
to which the client is added.
f. The capital market institution must carry out customer due diligence measures in relation to
the guardian, and the guardian when acting on behalf of the client under the age of (18) Hijri
calendar years shall comply with all legal responsibilities applicable to such client.
3) Opening an Investment Account for children in need of care
a.An investment account for a child residing in one of the housing centers, with a substitute
(foster) family, in a charity or an association caring for orphans, or in a rehabilitation center
under the supervision of the Ministry of Human Resources and Social Development is
opened by the authorised signatories to open the investment account as per the letter of the
Ministry of Human Resources and Social Development, provided that the investment account
is under the name of the child and operated by the authorised signatories to operate the
investment account as per the letter of the Ministry of Human Resources and Social
Development.
b) The capital market institution must obtain information of the following documents and verify
them:
- A letter from the Ministry of Human Resources and Social Development containing the
child’s information, the names of the authorised signatories to open and operate the
investment account, and the details of the substitute (foster) family (if the child resides
with substitute (foster) family).
- Information of the Identification Document of the child and authorised signatories to
open and operate the investment account.
c. The capital market institution must carry out customer due diligence measures in relation to
the authorised signatories to open and operate the investment account, and the authorised
signatories to open and operate the investment account when acting on behalf of the client
referred to in subparagraph (a-3) of paragraph (e) of this Article shall comply with all legal
responsibilities applicable to such client
4) Opening an Investment Account for an Incapacitated Person
a. An investment account for an incapacitated person is opened by his guardian, provided that
the account is in the name of the client and operated by his guardian.
b. The capital market institution must obtain and verify information of the guardian
Identification Document and information of the identification card of the incapacitated client
above the age of (18) Hijri calendar years or information of the family card if the client is
below the age of (15) Hijri calendar years.
c. Information of a final decision or a decision subject to expeditious execution issued by the
competent court which illustrates that the client for whom the investment account is to be
opened is considered incapacitated must be obtained and verified, and the capital market
institution must comply with all its provisions.
d. The capital market institution must carry out customer due diligence measures in relation to
the guardian, and the guardian when acting on behalf of the incapacitated client shall comply
with all legal responsibilities applicable to such client.
5) Opening an Investment Account for a Person Unable to Write and Sign
The capital market institution must open the investment account for a client unable to write and
sign in the same procedures of opening an investment account for natural persons. However, the
capital market institution must take the fingerprints or personal stamp of such client as a substitute
for his personal signature.
6) Opening Investment Accounts for the Interdicted Person
a. The investment account of an interdicted person is opened by his guardian, provided that the
investment account is under the name of the interdicted person and operated by his guardian.
b. Information of the Identification Documents of the interdicted person and his guardian must
be obtained and verified.
c. obtain information of a final decision or a decision subject to expeditious execution issued
by the competent court must be obtained and verified, and the capital market institution must
comply with all its relevant provisions.
d. The capital market institution must carry out customer due diligence measures in relation to
the guardian, and the guardian when acting on behalf of the interdicted person shall comply
with all legal responsibilities applicable to such client.
a) Opening Investment Accounts for Saudi Companies and Companies from GCC Member States
To open an investment account for a Saudi company, the company must be incorporated in
accordance with the Companies Law, and to open an investment account for a company from a
GCC member state, the company must fall within the scope of the definition of a GCC legal
person.
2) Unless the company is listed on the Exchange, the capital market institution must verify that the
company has what provides that it is permitted to invest in the fields it is intending to invest in.
3) To open an investment account for a Saudi or GCC company, the capital market institution may
use the guidance list of documents provided in Annex (1) of these Instructions by obtaining
information of such documents and verifying them.
4) When opening an investment account for a listed company on the Exchange (excluding banks,
finance companies and capital market institutions insurance companies) or an affiliate of the
listed company included in its consolidated financial statements, the capital market institution
must comply with the following additional conditions:
- The listed company's investment in securities listed on the Exchange shall be based on a Board
of Directors' resolution of the listed company and the company that the investment account is
to be opened for (if it is an affiliate of that company). Such resolution shall also determine the
investment controls, and prior to opening the investment account, the capital market institution
must obtain and verify information of the resolution.
- Unless the investment of the listed company, or that of its affiliate, is for one year (in which
period the company commits not to sell the security before the elapsing of one year from the
time of last purchase of the security issued by the same issuer), the investment in securities
must be through an investment fund or investment portfolio managed by an capital market
institution based on a management contract, which clearly states that there is a complete
segregation between the listed company, its affiliates, and the investment decisions, and that
the terms of contract do not conflict with such requirement. The capital market institution must
ensure that the terms of contract are in accordance with these controls prior to signing the
management contract with the listed company or its affiliate.
- The capital market institution must notify the Authority without delay of any management
contract signed with any listed company or its affiliate and refer to the number of the
investment account opened for such purpose and the number of the investment portfolio linked
to it.
b) Opening Investment Accounts for Foreign Legal Persons
The capital market institution may open an investment account for a foreign legal for the purpose of
investing in the permitted securities in accordance with the Capital Market Law and its Implementing
Regulations and the relevant instructions issued by the Authority.
c) Opening Investment Accounts for Funds Owned by a Governmental Entity
1) A capital market institution may open an investment account for a fund of a governmental entity,
provided that the fund is fully owned by a Saudi governmental entity or a governmental entity of
a GCC member state.
2) The capital market institution, when opening an investment account for the fund referred to in
paragraph (1) above, must obtain and verify information of the following documents:
- The fund's bylaws.
- The issued resolution assigning the authorised signatories to open and operate the investment
account of the fund and their valid identity documents.
- The fund's articles of association (if any) and its annexes, which clearly show the structure of
the fund's capital and its management.
- Documents that show the names of members of the Board of Directors.
d) Opening Investment Accounts for Non-profit Organisations in the Kingdom:
When opening an investment account for a Non-profit Organisation in the Kingdom, the capital
market institution must obtain and verify information of the following documents:
- The license issued by the competent authority.
- What provides that it is permitted for the organization to invest in the fields it is intending to
invest in.
- The Board of Directors' resolution approving the opening of the investment account and assigning
the authorised signatories to operate the investment account.
e) Opening Investment Accounts for Endowments or for Establishments Owned by Endowments
1) When opening an investment account for an endowment in the Kingdom, the capital market
institution must obtain and verify information of the following documents:
- Approval and endowment registration certificate issued by the General Authority of
Endowments.
- National identification card of the endowment's trustee / board of trustees.
- National identification card of the authorised signatories to operate the investment account
and the delegation resolution (if there is a delegation of the power to operate such account).
2) When opening an investment account for an establishment owned by an endowment in the
Kingdom, the capital market institution must obtain and verify information of the commercial
register of the establishment, and information of the documents provided in subparagraph (1) of
paragraph (e) of this Article for the endowment which owns the establishment. investment
account
f) Opening Investment Accounts for Governmental Entities
To open an investment account for a governmental entity (Saudi or from another GCC member state),
the capital market institution must obtain and verify information of the following documents:
- The main documents of the governmental entity according to its administrative regulations
and relevant laws.
- The resolution of the competent person in the governmental entity to assign the authorised
signatories that will open and operate the investment account, and the Identification
Documents of such signatories.
- The approval of the Ministry of Finance issued for the Saudi governmental entity to open the
investment account, unless there are legal provisions issued by the competent authority that
explicitly give the right to such governmental entity to invest in securities.
g) Opening Investment Accounts for International Organisations and Institutions:
To open an investment account for international organisations and institutions that have premises in
the Kingdom, the capital market institution must obtain and verify information of the following
documents:
- The Association Agreement and/or bylaws.
- The premises agreement signed with the government of the Kingdom that permits the
international organisation or institution to invest in securities.
- The resolution of the competent person in accordance with the Association Agreement and/or
bylaws assigning the authorised signatories to open and operate the investment account.
h) Opening Investment Accounts for Investment Funds Established in the Kingdom or in a GCC
member state:
To open an investment account for an investment fund established in the Kingdom or in a GCC
member state, the capital market institution may use the guidance list of documents provided in
Annex (2) of these Instructions by obtaining information of such documents and verifying them.
If the capital market institution is approached by a natural or legal person for whom these Instructions do
not state the procedures for opening an investment account, the capital market institution must obtain the
Authority's approval to open an investment account for that person.