Regulations for the Organization of Guardianship Work

Chapter 1: Introduction

Article 2: Objectives of the Regulation

The Regulation aims to achieve the following:
1- Regulating and organizing the work of the trustees in a manner that fulfills the purpose of the endower and enhances the developmental role of the awqaf.
2- Raising the professional efficiency of the trustees; protecting the endowment and the rights related to it.
3- Enhancing the principles of transparency and oversight over the work of the trustees, and regulating the rights and obligations of the trustee.
4- Protecting, developing, and enhancing the developmental role of the awqaf in accordance with the conditions set by the endowers and the relevant regulations.
This is in accordance with the supervisory and regulatory authority of the General Authority over the trustees and their work as stipulated in the General Authority for Awqaf System issued by Royal Decree No. (M/11) dated 26/02/1437 AH, and in accordance with the powers granted to the Authority by Council of Ministers Resolution No. (286) dated 21/05/1442 AH.

Article 3: Scope of Application

Without prejudice to the relevant regulations; this Regulation applies to the trustees of endowments in the Kingdom, and to those who undertake the management of their affairs.

Chapter 2: Commencement and Termination of Guardianship

Article 4: Appointment of the Supervisor

1- The endower may assume the supervision of his endowment and has the right to appoint a supervisor in his name or description in accordance with the provisions stated in (Article Five) of this Regulation.
2- The endower may specify who will assume the supervision after the appointed supervisor, whether by name or description, and this should be recorded in the endowment document.
3- The endower may delegate the appointment of the supervisor to whomever he wishes from his descendants or others, and the person assigned the task of appointing the supervisor must adhere to the endower's conditions and this Regulation and document the appointment with the relevant authority immediately.
4- The endower or the person assigned the task of appointing the supervisor must obtain the consent of the individual before appointing him as a supervisor.
5- If the position of the supervisor becomes vacant and the endower's designation is interrupted or he is unable to designate one; the authority or the person with the relevant capacity may complete the procedures for appointing the supervisor with the relevant authority, provided that the appointee is one of the supervisors registered in the supervisor registry and in a manner that does not conflict with the endower's conditions.
6- Without prejudice to what is stipulated by the applicable laws, regulations, rules, controls, instructions, and circulars related to this matter, the decision to appoint the supervisor must include his powers, fees, and responsibilities.

Article 5: Conditions for Appointing the Overseer

The supervisor may be a natural or legal person, as detailed below:

  • 1- The following conditions must be met for the appointment of a natural person:

    • A- Islam.

    • B- Capacity.

    • C- Possession of the knowledge and qualifications necessary to manage the endowment and oversee its affairs.

    • D- Must have a good reputation and conduct, and must not have been convicted of a crime that undermines trust, integrity, and honor.

    • E- Must not have previously been dismissed from the supervision by a final judicial ruling due to lack of integrity.

    • F- Must be Saudi, in the case where the endower is a foreigner and the original endowment is real estate.

  • 2- For the appointment of a legal person, it must be licensed by the authority.

  • The competent authority shall verify the fulfillment of all the conditions stated in this article for the person before appointing them as a supervisor.

Article 6: Registration in the Guardianship Register

  • 1- A register shall be established in the Authority to record the names of qualified supervisors for the duties of supervision according to the registration conditions.

  • 2- Without prejudice to the conditions for appointing supervisors stated in the endowment condition or in this Regulation, the following conditions must be met for the supervisors registered in the supervisors' register:

    • A- The appropriate academic qualification and experience in the activities practiced by the endowment.

    • B- The ability to manage the affairs of the endowment.

    • C- Not having been previously dismissed from supervision in any endowment in the Kingdom.

  • 3- Within a period not exceeding two years from the enforcement of this Regulation, a committee called the "Endowment Supervisors Registration Committee" shall be formed in the Authority by a decision of the Chairman of the Council, and it shall operate according to the controls and procedures approved by the Council, and shall consider registration requests based on an application submitted by the Applicant according to the procedures specified by the Authority.

Article 7: Termination of Guardianship

The tenure of the supervisor ends upon the occurrence of one of the following cases:
1- Submitting his resignation to the competent authority and its acceptance, with notification to the authority of the decision issued in this regard after completing the legal procedures.
2- Issuance of a decision or final ruling to dismiss the supervisor.
3- If he loses one or more of the conditions of appointment stated in (Article Five).
4- Death, either in fact or by law.
5- Cases of termination of the supervision according to the endowment document or its internal regulations.
All cases of termination of the supervision must be documented before the competent authority.

Chapter 3: Acts of Supervision

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