The following terms and expressions- mentioned throughout these regulations- shall have the meanings ascribed to them below, unless stated differently within the context:
- Law: The Enforcement Law.
- Regulations: Regulations of Enforcement Services Providers.
- Ministry: Ministry of Justice.
- Minister: Minister of Justice.
- Agency: The Ministry's Agency for Enforcement.
- Deputy: The Ministry’s Deputy for Enforcement.
- Circuit: The Enforcement Circuit.
- Committee: The Committee formed under Article 4 of the Regulations.
- Licensee: A Natural person or legal person licensed by the agency to provide an enforcement service.
- Service: The enforcement service provided by the licensee in accordance with the provisions of the Law, its implementing regulations, and this Regulation.
The provisions of the Regulations shall apply to all enforcement services providers mentioned in the first paragraph of Article (ninety-three) of the Law.
The following conditions are required in order to be licensed to provide the service:
1. The license applicant shall have a valid commercial register for the activity he wishes to provide the service, or have a valid license that authorizes him to provide the remunerated service in the Kingdom.
2. The license applicant shall have experience of at least two years in the field of licensing for which he is seeking to be licensed, or in similar fields. The agency may waive this requirement when the condition set forth in Paragraph C/7 of this article is fulfilled.
3. The license applicant shall not have a ruling for initiation of any liquidation procedures stated in the bankruptcy law.
4. The credit history of the license applicant shall be free of any negative information affecting his credit balance, as deemed by the committee.
5. The license applicant shall provide an unconditional bank guarantee of one hundred thousand Saudi riyals issued by a local bank. The guarantee shall be valid during the authorization period and returned to its owner in the event that the license expires without the licensee having obligations or financial claims resulting from providing the service subject of the licensing. The agency may reduce the value to a quarter for some categories of licensees. Further, presenting an insurance document that covers the errors of the service provider may substitute for the guarantee.
6. The license applicant for the delivery of movable assets service shall be an authorized company.
7. In the event that the license applicant was a natural person, the following shall be observed:
a- The license applicant should be legally competent, has not been previously convicted of any crime against honor or trust, unless he has been rehabilitated.
b- The license applicant shall be qualified to provide the service as determined by the agency. Further, the judicial receiver shall have a valid license to practice the profession of accounting or law.
c- The license applicant must pass the training programs and tests set by the agency.
A committee of three qualified and experienced members shall be formed upon the deputy’s decision. The term of membership shall be set to 3 years, and may be renewed for a similar period. The Committee shall undertake:
1. Studying and examining licensing applications submitted to the agency and making the necessary recommendations in this regard.
2. Recommending the imposition of penalties stipulated in the Regulations on the licensees.
3. Addressing the concerned authorities in order to request any information or clarifications necessary to carry out its duties.
The deputy issues a licensing decision, determining the type of service, its sub-category - if any - and the territorial jurisdiction in which the service is licensed. The license shall be set to 3 years, and may be renewed upon the licensee’s request ninety days at least prior to its expiration.
The agency shall establish a list of licensed services providers, in which the licensee shall be listed after the completion of procedures. The list shall include the basic information of the licensee, the type of licensed service, its sub-category - if any - and its territorial jurisdiction.