Regulations for Engaging Execution Service Providers before the Board of Grievances

Article 1

  • The following words and phrases - wherever they appear in these regulations - shall have the meanings indicated next to them unless the context requires otherwise:

    • 1- Law: Law of Enforcement by the Board of Grievances.

    • 2- Regulation: Implementing Regulation of the Law of Enforcement by the Board of Grievances.

    • 3- Regulations: Regulations for Utilizing Enforcement Service Providers before the Board of Grievances.

    • 4- Court: Administrative Enforcement Court.

    • 5- Circuit: Competent Enforcement Circuit.

    • 6- Licensed Person: The natural or legal person licensed by the competent authority to provide an enforcement service.

    • 7- Service: The enforcement service provided by the licensed person in accordance with the provisions of the Enforcement Law, the Law, and the Regulation.

    • 8- Mandated Entity: The administrative agency requesting enforcement - or others - whom the circuit assigns to carry out the enforcement procedures it deems appropriate in accordance with the law.

Article 2

These regulations apply to licensed enforcement service providers in accordance with the Enforcement Law.

Article 3

  • Subject to what is referred to the Entrustment and Liquidation Center, no enforcement service may be referred to those not licensed to provide the service, except for the following:

    • 1- If the parties to the enforcement agree to select a specific service provider, the department is permitted to choose them, provided that they comply with the provisions of these regulations.

    • 2- If the presence of a licensed service provider is not possible, the department may refer to an unlicensed service provider, provided that a temporary license is granted by the competent authority.

Article 4

Article 5

  • Subject to the relevant statutory provisions, the service provider shall, when performing his work, comply with the following:

    • 1- Establish a headquarters in the Kingdom.

    • 2- Place his name, license number, and its date on all his printed materials and correspondence related to enforcement service works.

    • 3- Issue identification cards for his employees to present them when providing the service.

    • 4- Maintain the confidentiality of information and data and not disclose or publish any writing or statement related to the works he undertakes by any means, except as required by the nature of providing the service and with the permission of the department or the assigned authority.

    • 5- Document his work procedures and keep a copy thereof for no less than five years from the date of completion of the procedure.

    • 6- Provide the department and the assigned authority with all requested periodic reports and documents related to the provision of the service.

    • 7- Perform the works referred to him and not refuse them within the scope of his license except for an excuse accepted by the court.

    • 8- Personally provide the service or through one of his employees.

    • 9- Neither he nor his direct employees providing the service shall undertake work related to an enforcement request concerning himself, any of his spouses, relatives, or in-laws up to the fourth degree, or if any of them is a party to it.

    • 10- Not undertake work that leads to a conflict with his interests or the interests of his employees, whether current or potential.

    • 11- Neither he nor his employees shall participate in the auctions assigned to him.

    • 12- Not to modify or erase the forms or minutes delivered to him.

    • 13- Report any obstacles in the enforcement procedures.

Article 6

It is required that the person who undertakes any service procedure must have full capacity and must not have been convicted of a crime involving dishonesty or breach of trust, unless their reputation has been restored.

Article 7

The judicial sale agent - when necessary - is obligated to receive the movable funds intended for sale from the moment the chamber decides to receive them, and undertakes to safeguard them until they are sold. He may delegate their safekeeping to a licensed judicial custodian.

Article 8

  • Before the department refers the service to a judicial custodian or trustee, it may request from him an unconditional financial guarantee issued by one of the local banks, not exceeding five percent of the estimated value of the funds subject to custody or safekeeping. The guarantee shall be returned after the completion of the work, and this shall be substituted by presenting a valid insurance document covering the errors of the service provider.

Article 9

In the event of suspension, cancellation, or expiration of the license, the service provider must liquidate its operations within a period not exceeding sixty (60) days from the date of suspension, cancellation, or expiration, and the department may extend this period.

Article 10

  • Subject to the relevant statutory and regulatory provisions, the chamber estimates the customary fee for enforcement service providers, except for:

    • 1- Claims referred to the Entrustment and Liquidation Center.

    • 2- Agreement of the concerned parties on a specified fee.