Consumer Finance Regulations

  • These regulations apply to consumer finance contracts and related guarantee agreements executed by licensed and authorized banks and financial institutions by the Authority. The Authority is the sole supervisory authority authorized to implement these regulations and take necessary measures as it deems appropriate regarding any violations of these provisions, including imposing penalty fees and/or enforcement procedures in accordance with the applicable provisions underthe Banking Control Law. These regulations repeal and replace theConsumer Finance Regulationsissued in October 2005 pursuant to Circular No. 33232 - M A Sh /516 dated 23/9/1426 AH and any subsequent updates thereto. The Authority may update these regulations in the future as needed.

  • The Authority has the right, at its discretion, to impose a restriction on any financing entity so that its consumer finance portfolio does not exceed a specified percentage of its total financing portfolio.

Definitions

Article 1: Definitions

Previous Amendments
  • The following words and phrases, wherever they appear in these regulations, shall have the meanings set forth opposite each of them, unless the context requires otherwise:

    • Appropriate Notice: A printed notice to the beneficiary clearly specifying the relevant facts such that it can reasonably be expected that the beneficiary has reviewed and understood its content. The notice may be delivered through (secured communication means) that reasonably confirm receipt of the notice.

    • Advertisement: A commercial message in any promotional medium, directly or indirectly, for a financing product.

    • Financing Amount: The maximum or total amounts available to the beneficiary under the financing contract.

    • Annual Percentage Rate (APR)(APR): The discount rate at which the present value of all installments and other payments due from the beneficiary, representing the total amount repayable by the beneficiary, equals the present value of the payments of the financing amount available to the beneficiary, as of the date the financing amount or its first installment is made available to the beneficiary. For more details, refer toAnnex No. (1).

    • Documented Communication: Instructions directed to the beneficiary and received through a recorded means that can be proven and retrieved, whether paper-based, electronic, or recorded call.

    • Beneficiary: Any natural person who obtains financing under the financing transactions covered by these regulations, for purposes outside the scope of his trade or profession.

    • Business Day: Any day on which banks provide services to the public.

    • Day: All days in the month including weekends and holidays.

    • Change of Circumstances: An event leading to a change in the beneficiary’s circumstances, either compulsorily or optionally, as follows:

      • - Compulsory circumstances: including but not limited to: mandatory retirement, death of the beneficiary, partial or total disability, loss of job, or bankruptcy

      • - Optional circumstances: including but not limited to: voluntary (early) retirement

    • Consumer Financing: Financing provided to the beneficiary on the following basis:

      • 1.  Financing purposes not related to the beneficiary’s commercial or professional activities. Generally includes personal financing, auto financing, home renovation, or any similar products adopted by the Saudi Central Bank.

      • 2.  Financing granted for the purchase of goods and services for consumption or any other beneficiary requirements as stated above, for example: purchasing furniture, durable consumer goods, cars, household items, education financing, and others.

      • 3.  Excludes real estate financing and lease financing.

      • 4.   Also excludes financing granted for the purpose of stock trading (Margin Lending).

    • Financing Entity: Any licensed and authorized bank or financial institution by the Saudi Central Bank.

    • Default on Payment: Any breach of the provisions and conditions of the financing contract and failure of the beneficiary to pay monthly installments for a period of (90) days from the due date.

    • Default Notice: Notice from the financing entity to the beneficiary within a financing contract indicating delay in payment.

    • Withdrawal: The financing amount withdrawn by the beneficiary under a financing contract.

    • Financing: The right to obtain a debt and defer its repayment, or the right to postpone the repayment of an existing debt.

    • Financing Contract: A contract under which the financing entity grants or promises to grant the beneficiary financing or a similar financial facility.

    • Total Salary: The monthly basic salary (after deducting retirement and insurance dues) plus all fixed allowances granted to the employee by his employer on a monthly basis.

    • Guarantee Agreement: A subsidiary agreement entered into by a guarantor who guarantees or promises to fulfill or repay any form of financing granted to a beneficiary.

    • Secured Communication Means: Registered mail, hand delivery, any recorded electronic means that can be proven and retrieved.

    • Guarantor: Any natural person who guarantees or promises to fulfill repayment of financing granted to a beneficiary.

    • Initial Disclosure: The information required to be provided to the beneficiary by the financing entity when opening a consumer financing account under Section Five of these regulations.

    • Licensed Credit Information Company: A credit information company licensed by the authority to collect credit information about consumers and provide it to members upon request.

    • Optional Feature: Features and services that are not part of the standard features or services of the financing contract product. This optional feature or service requires additional fees and/or adds a cost of term to the beneficiary.

    • Outsourcing to a Third Party: An arrangement whereby a third party (service provider, for example) undertakes to provide a service that was previously performed by the financing entity itself or a new service intended to be provided. Outsourcing may be to a service provider inside the Kingdom of Saudi Arabia or abroad, and the service provider may be a unit of the financing entity itself (such as a head office or foreign branch) or a subsidiary of the financing entity’s group or an independent third party, with commitment tothe outsourcing instructions issued by the authority pursuant to Circular No. 424/BCS/34720 dated 17/7/1429H corresponding to 20/7/2008G.

    • Refinancing: Repayment of an existing financing from a new financing amount granted to a beneficiary.

    •  Repayment or Deduction: Deduction from the beneficiary’s total salary or monthly pensions. Excludes deductions for repayment of real estate financing and divorce alimony.

    •  Saudi Central Bank: The Saudi Central Bank.

    •  Amicable Settlement: Settlement of the dispute according to the procedures and timeframes for dispute resolution.

    •  Secured Financing: Financing secured by assignment of ownership rights including usufruct guarantee in personal or real property taken by the financing entity as collateral. Financing may be secured by cash (deposits), tangible goods, or any other collateral.

    •  Cost of Term: The value of the cost of term charged to the beneficiary under the financing contract, which must be expressed as a fixed annual percentage of the financing amount granted to the beneficiary.

    •  Maturity Period: The period between the deposit of the financing amount and the date on which the final installment for repayment of the relevant financing is due.

    •  Total Cost of Financing: All costs that the beneficiary is obligated to pay in addition to the principal financing amount under the provisions of the financing contract, including cost of term, fees, commissions, administrative service costs, insurance, and any expenses necessary to obtain the financing, excluding any expenses that the beneficiary can avoid such as costs or fees due to the beneficiary’s breach of any of his obligations under the financing contract.

    •  Total Amount Payable by the Beneficiary: The financing amount plus the total cost of financing.

Section 1: Scope of Application

Article 2: Application of the Regulations

  • 1. These regulations apply to all types of consumer financing.

  • 2. Lease or real estate financing is excluded from this, as well as financing for the purpose of stock trading (Margin Lending).

Article 3: Meaning of Consumer Financing and the Financing Amount

  • 1-For the purposes of these regulations, consumer financing is granted if it is pursuant to a financing contract according to the following:

    • (A) Deferral of repayment of financing owed by a person (the beneficiary) to another (the financing entity), or

    • (B) A person (the beneficiary) assuming deferred financing for another (the financing entity).

  • 2- For the purpose of compliance with Article 14-1, the financing entity must calculate the financing amount based on the total monthly salary or pensions of the beneficiary (as applicable) at the time of submitting the financing application.

Section 2: Financing and Guarantee Contracts

Article 4: Financing Contracts and Guarantees

  • 1- The financing contract or guarantee agreement shall be in the form:

    • (A) A written contract signed by the beneficiary or guarantor and the financing party, or

    • (B) A written contract signed by the financing provider constituting an accepted offer to the beneficiary according to the terms of the offer.

  • 2- All financing contracts, application forms, guarantee agreements, repayment schedules, beneficiary acknowledgment letters, and all other documents related to consumer financing shall be drafted in Arabic. If the beneficiary requests the documents to be drafted in English as well, they shall be prepared in both languages. The financing party must provide the beneficiary with copies thereof, and in case of any conflict between the Arabic and English texts of any document, the Arabic text shall prevail.

  • 3- Each contracting party must be provided with a copy of the financing contract or guarantee agreement (as applicable).

Article 5: Data Required to be Included in Financing Contracts and Guarantee Agreements

  • 1- The financing entity must provide a summary for each financing contract to the beneficiary that includes, in clear language, the basic financing information, including the total cost of financing. The receipt of this summary by the beneficiary must be documented and included in the financing file..

  • 2- The financing contract must include at least the following information:

    • (A) Names of the parties to the financing contract, the civil registry number or residence permit of the beneficiary as applicable, their official addresses, and means of contact, including mobile phone and email if available..

    • (B) Type of financing.

    • (C) Term of maturity.

    • (D) Amount of financing.

    • (E) Conditions for withdrawing the financing amount, if any.

    • (F) Description of the calculation method used to determine the cost of the term, to enable the beneficiary to understand the cost of the term and the distribution of the cost over the maturity period.

    • (G) Cost of the term, conditions for its application, and any index or reference rate for the cost of the term.

    • (H) Annual Percentage Rate (APR).

    • (I) Total cost of financing and the total amount due to be repaid by the beneficiary, calculated at the time of concluding the financing contract, with an explanation of the assumptions used in calculating that amount.

    • (J) Installment amounts to be paid by the beneficiary, their number, durations, payment dates, and the method of distributing them over the remaining amounts.

    • (K) Fees, commissions, and administrative service costs.

    • (L) Durations for paying fees or amounts required to be paid without repaying the financing amount, and the conditions for such payment.

    • (M) Statement of the consequences resulting from delay in paying installments.

    • (N) Documentation or authentication fees if documentation is required.

    • (O) Financing guarantees and necessary insurance.

    • (P) Procedures for exercising the right of withdrawal, if any, its conditions, and the financial obligations resulting from its exercise.

    • (Q) Procedures for early repayment, procedures for compensating the financing entity when applicable, and how to determine this compensation.

    • (R) Procedures for dealing with guarantees in case of their decrease, if any.

    • (S) Procedures for exercising the right to terminate the financing contract.

    • (T) Beneficiary’s permission to include their information in credit information companies.

    • (U) Any other data or information determined by the institution.

Article 6: Amendment of the Financing Agreement

Any amendment (including any addition) to the financing contract by the financing party after it has been signed by the beneficiary shall be invalid, unless the beneficiary has approved it in writing.

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