Regulations of Execution Service Providers - 1437

Article 1

  • The following words and phrases - wherever they appear in this Regulation - shall have the meanings specified next to them unless the context requires otherwise:

    • Regulation: Regulation of Execution Service Providers.

    • Ministry: Ministry of Justice.

    • Minister: Minister of Justice.

    • Agency: The Ministry's Agency for Seizure and Execution Affairs.

    • Agent: The Ministry's Agent for Seizure and Execution Affairs.

    • Circuit: Enforcement circuit.

    • Committee: The committee stipulated in Article Six of the Regulation.

    • Licensee: A person licensed by the Ministry to provide a service from the execution services covered by the Regulation.

Article 2

  • The regulation includes the execution service providers, which are:

    • 1- The judicial paper messenger, who is authorized to deliver announcements, deadlines, orders, and judicial documents required for execution.

    • 2- The judicial sale agent, who is authorized to sell fixed and movable assets.

    • 3- The judicial receiver, who is authorized to manage and safeguard the property.

    • 4- The judicial custodian, who is authorized to safeguard the property.

    • 5- Specialized companies that oversee the process of the lessor receiving movable assets.

    • 6- Other execution service providers that receive approval from the Council of Ministers to be assigned to the private sector.

Chapter 1: License Conditions

Article 3

  • The applicant for the license must meet the following conditions:

    • 1- Must be a Saudi national.

    • 2- Must have full capacity.

    • 3- Must possess the necessary qualifications and experience of no less than three years in the licensed service or similar fields, as determined by the committee.

    • 4- Must have a commercial registration in the activity in which the service is to be provided.

    • 5- Must not have been convicted of a legal penalty, or convicted of a crime that undermines honor or trust unless his status has been restored.

    • 6- Must not have been declared insolvent or declared bankrupt.

    • 7- Must not have had his license revoked previously, unless at least three years have passed since the revocation decision.

    • 8- His credit record must be free of any negative impacting information.

Article 4

The availability of the conditions stipulated in Article Three of the Regulation does not exempt the fulfillment of the conditions and requirements set forth in the relevant laws and instructions according to the type of License. The Committee verifies their fulfillment before approving the Claim.

Chapter 2: Licensing Procedures

Article 5

  • The license application shall be submitted to the agency using the approved form, accompanied by the following:

    • 1- Supporting documents and papers for the application.

    • 2- An unconditional and indefinite financial guarantee in the amount of one hundred thousand Riyals, issued by one of the local banks, which shall be returned to its owner upon the expiration of the license, provided there are no obligations on the licensee or financial claims arising from the provision of the licensed service.

Article 6

  • A- An agency committee shall be formed by a decision of the Agent, consisting of three Members, including a legal advisor, with a membership term of three years, renewable for similar periods, and shall undertake the following:

    • 1- Study the license applications submitted to the agency, examine them, and raise the necessary recommendations regarding them.

    • 2- Recommend the imposition of penalties stipulated in Article (27) of the regulation.

Article 7

The committee, when studying the license claim, may request from the applicant or from the relevant authorities any information or clarifications regarding the submitted claim.

Article 8

The agency issues the license specifying the service and the territorial jurisdiction authorized for providing the service.

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