Regulation of the Unified Register of Commercial Mortgages

Chapter 1: General Provisions

Article 1

  • 1. The terms and phrases mentioned in this regulation have the meanings specified in Article (First) of the Law of Commercial Lien, issued by Royal Decree No. (M/86) dated 1439/8/8H, unless a different meaning is provided in this regulation.

  • 2. The following terms and phrases shall have the meanings specified next to each unless the context requires otherwise:

    • Regulation: Regulation of the Unified Register of Commercial Liens.

    • Registration: Registration of the mortgage contract in the register.

    • Document Enforcement: Extract of the enforcement document or extract of direct execution.

Article 2

The provisions regarding the registration, amendment, and expiration of the right of guarantee in secured transactions apply to the property for which no other regulations specify a particular registry for the exclusive registration of its ownership, as stated in this Regulation.

 

Article 5

The data is recorded in the register in Arabic. Some data may be included in another language when necessary.

 

Chapter 2: Registration Procedures, Amendments, and Expiration

Article 6

  • 1. Registration is completed in the register after fulfilling the following procedures:

    • A. The mortgagee submits the registration request accompanied by a copy of the mortgage contract and related documents, according to the type of mortgaged property.

    • B. The register notifies the mortgagor of the registration request and its details, using any of the documented communication means with government entities. The mortgagor has the right to object to the registration request within (seven) days from the date of notification, and the request is canceled if the mortgagor objects within this period.

    • C. The registration procedure is completed with the mortgagor's approval of the registration request or the expiration of the period specified in paragraph (1/B) of this article without his objection to the request.

  • 2. If the mortgaged property is a current asset for which other regulations specify a specific register for recording its ownership only, the registration procedure is completed in addition to the above as follows:

    • A. After completing the registration procedures according to paragraph (1) of this article, the register provides the register responsible for recording the ownership of the mortgaged property with the registration request details for notation of the mortgage incident.

    • B. The register is informed by the register responsible for recording the ownership of the mortgaged property of the notation of the mortgage incident. If the register is informed of the inability to note the mortgage incident, the registration request is canceled.

  • 3. The registration is considered effective from the time and date of completing the registration procedures according to paragraph (1) of this article, including the registration of future mortgaged property. Exceptionally, if the mortgaged property is a current asset for which other regulations specify a specific register for recording its ownership only, the registration is considered effective from the time and date of completing the registration procedures according to paragraph (2) of this article.

Article 7

  • 1. The procedures and provisions of registration in this regulation apply to the amendment of the registration, unless otherwise stated.

  • 2. The amendment of priority among the registered mortgagees in the register shall be based on a request from the mortgagor, and this is after the approval of the affected mortgagees through the register.

Article 8

  • 1. The mortgagor must, upon the existence of the future mortgaged property or its ownership or its conversion into movable property, as the case may be, submit a request to amend the status of the mortgaged property in the register from future to current, and the amendment is made without the need for the mortgagee's consent.

  • 2. If the future mortgaged property is subject to other regulations that specify a particular register for recording its ownership only, the procedure for amending it to current property is completed as follows:

    • A. The register, upon the mortgagor's submission of a request to amend the mortgaged property from future to current, provides the register responsible for recording the ownership of the mortgaged property with the registration data for notation of the mortgage incident.

    • B. The register is notified by the register responsible for recording the ownership of the mortgaged property of the notation of the mortgage incident. If the register is informed of the inability to note the mortgage incident, the status of the future mortgaged property remains unchanged.

  • 3. The register notifies the mortgagor and the mortgagee of the amendment of the status of the mortgaged property, upon completion of the amendment.

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