Regulatory Arrangements for the General Authority for State Real Estate

First

  • The State Properties General Authority - referred to as the Authority - enjoys legal personality, financial and administrative independence, and is organizationally linked to the President of the Council of Ministers. Its main headquarters is located in the city of Riyadh, and it has the authority to open branches or offices in various regions of the Kingdom as needed.

Secondly

  • The Authority aims to regulate matters related to state properties, protect and preserve them, determine how to take action regarding them, exploit, use, and invest them in the best possible manner, supervise them, unify the policies related to them, allocate them for various uses, and revoke their allocation when necessary.

Thirdly

  • The Authority - in addition to its legally established competencies - undertakes the tasks and responsibilities related to state real estate affairs, particularly the following:

    • 1. Establishing general policies related to state real estate affairs, and the necessary plans and programs for their implementation.

    • 2. Proposing draft laws related to state real estate affairs, suggesting amendments to existing ones, and submitting them to complete the legal procedures.

    • 3. Establishing the necessary procedures to confirm state ownership of all its real estate.

    • 4. Approving the controls and procedures necessary for allocating state real estate to government entities or others and canceling such allocations when necessary.

    • 5. Adopting mechanisms that ensure integration and coordination among the government entities concerned with state real estate affairs, enabling them to carry out the tasks assigned to them and resolving any disputes among them.

    • 6. Monitoring the application of laws and regulations related to state real estate affairs.

    • 7. Preserving the original documents of state real estate ownership.

    • 8. Building and developing a comprehensive electronic database with a Geographic Information System specific to state real estate, and coordinating with relevant entities to standardize criteria and specifications for that.

    • 9. Establishing rules and controls for investing in state real estate and managing it.

    • 10. Setting controls for evaluating, purchasing, or leasing real estate.

    • 11. Evaluating state real estate and reviewing it periodically.

    • 12. Establishing and developing standards and specifications for the operation, management, and maintenance of state-owned real estate.

    • 13. Collaborating and exchanging expertise with regional and international organizations and specialized consulting firms inside and outside the Kingdom, within the limits of the Authority's competencies.

  • The Authority may establish companies independently or in partnership with others, contributing to enabling the Authority to perform its tasks and objectives, and serving the goals for which it was established, and it may delegate some of its tasks to these companies.

Fourthly

Previous Amendments
  • 1- The Authority shall have a Board of Directors chaired by the Minister of Finance, and consisting of the following members:

    • A- A representative from the Ministry of Justice.

    • B- A representative from the Ministry of Finance.

    • C- A representative from the Ministry of Municipal and Rural Affairs.

    • D- A representative from the Ministry of Environment, Water, and Agriculture.

    • E- A representative from the Ministry of Economy and Planning.

    • F- A representative from the Ministry of Energy, Industry, and Mineral Resources.

    • G- A representative from the Real Estate General Authority.

    • H- The Governor of the Authority.

  • 2- The rank of the members of the Council shall not be less than the (fourteenth) rank or its equivalent. Except for the Chairman of the Council and the Governor, the membership of the Council shall be for three years, renewable once, and the remuneration of the members shall be determined by a decision of the Council of Ministers.

Fifth

  • The Board of Directors shall oversee the affairs of the Authority, manage its operations, and conduct its matters. It has the authority to make the necessary decisions to achieve its purposes within the framework of these arrangements, and it shall specifically carry out the following duties:

    • 1. Approving the organizational structure of the Authority.

    • 2. Approving the financial and administrative regulations for the Authority's operations, and other internal regulations.

    • 3. Approving the general policies of the Authority, its plans, and programs.

    • 4. Adopting the draft budget of the Authority.

    • 5. Approving the final accounts of the Authority, the annual report, and the auditor's report, in preparation for submission according to the legal procedures.

    • 6. Appointing an external auditor.

    • 7. Approving the conclusion of agreements, memoranda of understanding, and contracts, in accordance with the applicable legal procedures.

    • 8. Proposing draft laws related to the Authority's competencies, suggesting amendments to existing ones, and submitting them to complete the legal procedures.

    • 9. Approving the opening of branches and offices for the Authority within the Kingdom.

    • 10. Accepting donations, grants, endowments, and bequests, in accordance with the applicable regulations.

    • 11. Approving the establishment of companies.

  • In order to achieve its purposes and without prejudice to the duties assigned to it, the Board may form permanent or temporary committees from its members or others, assigning them tasks it deems appropriate. The decision to form each committee shall specify its chairperson, members, and competencies, and it may seek assistance from whomever it deems necessary to perform the assigned tasks. The Board may also delegate some of its competencies to its chairperson, or to any of its members or employees of the Authority.

Sixthly

  • 1- The meetings of the Board of Directors shall be held at the headquarters of the Authority, and may, with the approval of the President of the Board, be held at any other location.

  • 2- The Board of Directors shall meet at least once every (four months), or whenever necessary as determined by the President of the Board, based on an invitation from him, provided that the invitation is accompanied by an agenda for the meeting. The President of the Board must call the Board to meet whenever at least (four) of its members request it, and the validity of the meeting requires the presence of a majority of the members, including the President of the Board or his delegate to preside over the meeting in his absence. Decisions shall be made by a majority of the votes of those present, and in the event of a tie, the side with which the President of the meeting voted shall prevail. The dissenting member has the right to record his objection and the reasons for the objection in the minutes of the meeting.

  • 3. The deliberations and decisions of the Board of Directors shall be recorded in minutes signed by the President of the meeting and the attending members.

  • 4. A member may not abstain from voting or delegate another member to vote on his behalf in his absence.

  • 5. A member may not disclose any information he has obtained regarding the secrets of the Authority even after the termination of his membership in the Board of Directors.

  • 6. The Board of Directors may invite those it deems necessary from specialists and consultants to attend its meetings, without having the right to vote.

Seventh

  • The Authority shall have a Governor at the excellent rank, who is the executive responsible for its management, and shall exercise the following competencies:

    • 1- Supervising the preparation of the organizational structure of the Authority and submitting it to the Board of Directors.

    • 2- Supervising the preparation of the Authority's financial and administrative regulations and other internal regulations, and submitting them to the Board of Directors.

    • 3- Supervising the preparation of the Authority's general policies, plans, and programs, and following up on their implementation after the Board of Directors approves them.

    • 4- Supervising the preparation of the draft budget and the final account, and submitting them to the Board of Directors.

    • 5- Supervising the preparation of the Authority's annual report, which should include the obstacles it faced and propose appropriate solutions, and submitting it to the Board of Directors for consideration and to take what it deems appropriate regarding it.

    • 6- Supervising the workflow in the Authority according to the approved regulations, plans, and programs.

    • 7- Appointing the Authority's staff and supervising them, in accordance with the applicable laws and regulations.

    • 8- Disbursing from the Authority's budget and taking all financial procedures in accordance with the applicable laws and regulations, within the limits of the powers delegated to him by the Board of Directors.

    • 9- Representing the Authority before the judiciary, and before government entities, institutions, and other related bodies, as well as other entities inside and outside the Kingdom.

    • 10- Contracting with others as required by the workflow in the Authority, within the limits of the powers delegated to him by the Board of Directors.

    • 11- Signing agreements and memoranda of understanding after obtaining the approval of the Board of Directors, and in accordance with the applicable legal procedures.

    • 12- Submitting periodic reports to the Board of Directors regarding the Authority's activities. - Any other competency assigned to him by the Board of Directors.

  • The Governor may delegate some of his powers to other staff members of the Authority, and he may delegate others concerning what is mentioned in paragraph (9) of this item.

Eighth

  • 1- The resources of the Authority consist of the following:

    • A- What the state allocates to it from funds.

    • B- What the Board of Directors accepts in terms of gifts, donations, grants, bequests, and endowments.

    • C- Any other resource approved by the Board of Directors that does not violate the regulations and instructions.

  • 2- The funds of the Authority shall be deposited in a current account of the Ministry of Finance with the Saudi Arabian Monetary Authority, and it may open other accounts for this purpose in banks licensed to operate in the Kingdom, and disbursements shall be made in accordance with the approved budget of the Authority.

Ninth

  • 1. The Authority shall have an independent annual budget.

  • 2. The financial year of the Authority is the same as the financial year of the State.

Tenth

  • Without prejudice to the authority of the General Auditing Bureau in overseeing the accounts of the Authority, the Board of Directors shall appoint an external auditor (or more) from those licensed to operate in the Kingdom, to audit the accounts, transactions, data, annual budget, and final account of the Authority. The Board shall determine the auditor's fees, and the auditor shall submit a report to the Board, providing the General Auditing Bureau with a copy of it after its approval.

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