Business Law Firm in Riyadh and Jeddah, Saudi Arabia
Hazim Al Madani Law Firm
Salah Al-Deen Street (60st) Malaz
Riyadh 11433
Saudi Arabia
Other Offices: Jeddah
Credit Cards
Hazim Al Madani Law Firm Overview
Hazim Al Madani Law Firm is a business/commercial law and civil litigation firm located in Riyadh and Jeddah, Saudi Arabia that provides a broad range of legal services for companies, corporations, and individuals. Practice areas include employment and labor disputes, business incorporation, administrative procedures and documents, collection of debts, intellectual property and trademarks, foreign investment advisory services, insurance disputes, contracts and agreements, and notary services in Riyadh.The firm is comprised of lawyers, consultants, and advocates who consult with clients about building and maintaining effective organizations, managing risk and regulation, and preventing or resolving disputes. They are committed to strategizing with clients and ensuring they fully understand each legal issue and potential resolution, working to help them achieve success.
Hazim Al Madani Law Firm’s dedicated and results-oriented team seeks to provide ultimate legal solutions through knowledgeable counsel and skilled representation, including litigation before all courts and tribunals as well as arbitration and settlement negotiations.
Year this Office was Established: 2010
Languages: Arabic, English.
Hazim Al Madani Law Firm Areas of Law
- Bankruptcy
- Debtor & Creditor
- Business Law
- Banking & Finance
- Business Formation
- Commercial Law
- Contracts
- Family Law
- Child Custody & Visitation
- International Law
- Litigation
- Arbitration
- Business Litigation
- Civil Litigation
- Real Estate
- Construction Law
- Landlord & Tenant Law
Additional Areas of Law: Foreign Investments; Business Incorporation; Debt Collection & Recovery; Dispute Resolution; Approval of Labor Policies Regulations; Professional Negligence; Spousal Alimony; Divorce Alimony; Child Alimony; Family Disputes; Franchising; Documents Authentication; Labor.
Chairman
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Mr. Hazim Bahjat Al Madani
Chairman Business Formation, Business Law, Business Litigation, Child Custody and Visitation, Child Support |
Counsel
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Mr. Hassan Abd El Rahman Elfayomi
Counsel Banking and Finance, Business Formation, Business Law, Business Litigation, Child Support |
Hazim Al Madani Law Firm Affiliations
- Arab Lawyers Union
- International Bar Association
- American Business Group of Riyadh (ABGR)
- Saudi Bar Association
More Information on Hazim Al Madani Law Firm
Business Incorporation Lawyers in Saudi ArabiaSaudi Arabia Contracts & Agreements Law Firm
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Hazim Al Madani Law Firm News and Publications
Articles Published by Hazim Al Madani Law Firm
An Insight Into Tax Incentives Provided to Foreign Investors in Saudi Arabia
Tax incentives are a potent tool employed by nations to attract foreign capital and investments, stimulate economic activity, and bolster sustainable development. Notably, the Kingdom of Saudi Arabia offers significant tax incentives to foreign investors with the aim of enhancing the business environment and increasing the level of Foreign Direct Investment (FDI) in the country.
Read ArticleSaudi Arabia: Electronic Invoicing and the Entities Obligated to Issue
Electronic invoicing is a modern technology aimed at simplifying and enhancing the process of issuing and digitally documenting invoices, offering numerous benefits to individuals and businesses alike. an electronic invoice is an invoice that is issued and stored in an organized electronic format through an electronic system and contains the requirements of a tax invoice.
Read ArticleReceipt of Trust and Procedures for Filing a Lawsuit in Saudi Arabia
A receipt of trust is a document that proves a person has received a sum of money or something of value from another person as a trust, and that they are obligated to return it at a specified time or upon request. A receipt of trust is strong evidence of indebtedness, and the person who gave the trust can file a lawsuit against the receiver if they do not fulfill their obligation.
Read ArticleBuy Now, Pay Later Companies in The Kingdom of Saudi Arabia and Their Regulatory Rules
In recent years, the Kingdom has seen significant developments in the field of digital financial services, especially in the field of buy now, pay later (BNPL), which allows consumers to purchase goods and services online and pay for them later under favorable terms. This type of payment has become popular among young people and online shoppers, as it provides them with flexibility and ease in shopping.
Read ArticleRegulating Medical Reporting in Family Law in Saudi Arabia: A Comprehensive Guide
Family Law or Personal Status Law is a comprehensive legal framework that regulates familial and social interactions, encompassing critical aspects such as marriage, divorce, lineage, custody, and guardianship. These elements have a significant impact on an individual’s life, health, and overall well-being, making it crucial to enforce them accurately and justly. Medical institutions play a crucial role in this regard by generating medical reports that either confirm or refute specific conditions pertaining to personal status. In this article, we delve into the Medical Reports Regulation in Personal Status Law, its objectives, and the reasoning behind its establishment.
Read ArticleImpact of Laws and Regulations on Investment and Sustainability in The Kingdom
Investment and sustainability are pivotal aspects of economic and social development in the Kingdom. The government embraces a series of laws and regulations aimed at bolstering environmental and social sustainability, enhancing investment in promising sectors, and promoting corporate social responsibility (CSR) among companies and investors. In this article, we delve into the influence of these laws and regulations on sustainability and investment in the Kingdom.
Read ArticleLicenses for Securities Activities and Their Regulations in Saudi Arabia
Securing a securities activities license in the Kingdom is a crucial step for any financial institution planning to engage in the ever-growing global financial market. This article aims to translate the complexities of the licensing regulations, ensuring you understand the process, requirements, and fees involved in acquiring these licenses.
Read ArticleKey Features of Saudi Arabia's Anti-Begging Regulation
Begging is a social issue encountered globally, and Saudi Arabia’s Anti-Begging Regulation addresses this problem head-on. As part of Saudi Arabia’s commitment to social security and societal well-being, strict local laws and regulations are enforced to prohibit begging
Read ArticleMediation: A Powerful Tool for Resolving Investor Disputes in the Kingdom
The Kingdom stands as a major global investment destination, presenting a wealth of opportunities that attract both local and international investors. The increasing number of investors and the intrinsic complexity of business relationships inevitably lead to disputes. However, thanks to the well-developed mediation system in the Kingdom, these disagreements can be effectively and peacefully resolved.
Read ArticleSaudi Reforms and the Transition to the Future
The Kingdom is presently undergoing numerous pivotal reforms with the objective of metamorphosing the nation into a more diversified and liberalised economy, as well as refining society and governance for the betterment of all. These reforms constitute an integral part of the National Vision 2030, which aspires to transform the Saudi economy into a multifaceted and non-oil-dependent economy. The Saudi reforms encompass several dimensions, commencing with economic reforms that entail liberalising and diversifying the economy, fostering foreign investments, enhancing the business environment, cultivating the private sector, and augmenting the reliance on environmental sustainability and renewable energy.
Read ArticlePersonal Data Protection Law and the Latest Amendments in Saudi Arabia
The personal data protection law is considered one of the most important legal systems that help in protecting online users’ privacy and ensuring that their data is not unlawfully exploited. This system includes several rules and regulations that require institutions and companies to adhere to the necessary security and protection standards to safeguard user data. KSA has paid close attention to the importance of this system in the rapidly evolving world of information technology over the past decades, and this scene is becoming even more crystallized in the Vision 2030 era, which aims to establish technologically and scientifically advanced generations.
Read ArticleWhat Are Special Economic Zones in Saudi Arabia and the Impact on Investment and Investors
Special economic zones are among the most crucial economic mechanisms employed by numerous countries worldwide to invigorate investment and foster economic growth. These zones, also referred to as free zones, special economic zones, or industrial zones, are typically established by governments in partnership with the private sector. They offer financial, customs, tax, and administrative benefits and privileges to attract investment and stimulate economic activities. Special economic zones play a vital role in enhancing the investment environment and bolstering a country’s appeal to investors.
Read ArticleCommercial Concealment and Its Impact on the Economy in Saudi Arabia
Commercial concealment constitutes a principal issue confronting the Saudi economy. It pertains to the obfuscation of information pertaining to products or services offered via illicit means. This form of illicit economic activity yields substantial profits for the individuals and companies involved but simultaneously results in market distortions that negatively affect numerous parties, particularly consumers who are subjected to deception and financial harm.
Read ArticleAuthorization to Divide Heirs' Joint Property in Saudi Arabia
In the Kingdom of Saudi Arabia’s legal system, inheritance matters are deemed significant and intricate, often rising numerous debates and inquiries. One contentious issue is the apportionment of co-owned property among heirs.
Read ArticleSaudi Arabia: What Are Malicious Demands and Related Legislation
Malicious litigation, or vexatious lawsuits, incites significant controversy and interest across global legal systems, presenting a legal challenge that necessitates effective boundaries and procedures for combatting such cases. In the Kingdom, numerous laws and regulations have been implemented to address malicious litigation and penalize those accountably.
Read ArticleReal Estate Transaction Tax in Saudi Arabia: A Comprehensive Guide
The real estate transaction tax is an essential tax in the Kingdom, imposed on transactions related to properties and owned real estate. This tax aims to achieve tax equity and provide additional sources of government revenue.
Read ArticleDebt Collection Between the Past and Present in the Kingdom of Saudi Arabia
Debt collection is the process of collecting money owed by individuals or institutions that have not paid their debts on time. Statistics show that there have been many problems related to debt collection in the Kingdom, but these problems have varied between the past and the present.
Read ArticleSaudi Arabia: UNCITRAL Arbitration Act and Islamic Sharia Rules
The law that governs Saudi Arabia is the Islamic Shariah law, the legality of arbitration in Islamic Shariah law has been proven in the Holy Qur’an and the Prophet’s Sunnah and by the consensus of the Companions and reason.
Read ArticleCompulsory Licenses for The Use of Non-Authors' Works in Saudi Arabia
Every person shall be entitled to apply to the Saudi Authority for Intellectual Property to request a Compulsory license to reproduce a work or translate a work into Arabic, if the person fulfills the following conditions:
Read ArticleApproval of Government Agencies’ Contracting Controls in Saudi Arabia
The controls aim to regulate the contracting of government agencies with companies that do not have a regional headquarters in KSA, or with any relevant party.
Read ArticleNon-Profit Companies in Saudi Arabia
A company that takes the form of a shareholding company and does not have the right to take any other form and the profits generated from exercising its activities shall be spent in any of the banks and public non-profit fields that aim exclusively to serve the society in general. The Ministry of Commerce, in coordination with the National Centre for Non-Profit Sector Development, determines these banks and areas.
Read ArticleLimited Liability Companies in the Kingdom of Saudi Arabia
Limited Liability Company: A company established by one or more natural or legal persons, its liability shall be independent of the financial liability of each partner or owner. The company shall be solely responsible for the debts and obligations arising from it or arising from its activity. Neither the owner nor the partner shall be responsible for these debts and obligations except to the extent of his share in the capital.
Read ArticleInvestors’ Health Licenses in Saudi Arabia
The organized health march and disease control in Saudi Arabia started as one of the most important priorities and concerns of the Saudi government, the reason for the start of this march is King Abdul Aziz – God bless him – which led to a focus on the public health and work to develop it and the prosperity of the health system in its entirety. The Public Health Authority was established in 1343 H / 1925 AD and is based in Makkah Al-Mukarramah, provided that there will be other branches in various areas. Soon after, specifically in 1344 H / 1925 AD, the Directorate of Public Health and Ambulance was established to take care of health and environmental affairs to ensure the practice of Medicine and Pharmacy in all parts of Saudi Arabia.
Read ArticlePreventive Settlement of Bankruptcy in the Kingdom of Saudi Arabia
The law and procedures of bankruptcy were organized for the first time by Royal Order No. (32) dated 15/1/1350 and from the articles regulating the special provisions related to bankruptcy from (103)-(137), and the Saudi legislator realized the seriousness of bankruptcy, especially on good faith traders who may be exposed to bankruptcy and its risks that lead to the death of the merchant despite the possibility of giving him an opportunity to pay off the full debt in full and survive bankruptcy completely, so the Saudi legislator developed the tools and regulatory provisions necessary to restructure the debtor.
Read ArticleThe National Investment Strategy in Saudi Arabia
His Royal Highness Prince Mohammed bin Salman bin Abdulaziz, Crown Prince, Prime Minister, and Chairman of the Council of Economic and Development Affairs launched the National Investment Strategy, which is one of the main enablers to achieve the objectives of Saudi Arabia’s Vision 2030.
Read ArticleProspects for Free Markets Without Customs in Saudi Arabia
Opening free markets in Saudi Arabia is a great cultural and historical shift in Saudi Arabia and a competition for all the markets that preceded us. The Saudi Cabinet, in its session held under the chairmanship of the Custodian of the Two Holy Mosques King Salman bin Abdul-Aziz, decided to approve the establishment of free markets as needed in the air, sea, and land ports and allowing the sale in them to travelers coming and leaving Saudi Arabia without customs.
Read ArticleSimplified Joint Stock Companies According to the New Saudi Companies Law
The new Companies Law was published in the Official Gazette (Umm Al-Qura Newspaper) No. 4940, dated 12/23/1443 AH corresponding to 07/22/2022 AD. This law shall be effective after 180 days from the date of its publication in the Official Gazette.
Read ArticleLimited Liability Companies According to the Saudi Companies Law
Limited Liability Company: A company established by one or more natural or legal persons, its liability shall be independent of the financial liability of each partner or owner. The company shall be solely responsible for the debts and obligations arising from it or arising from its activity. Neither the owner nor the partner shall be responsible for these debts and obligations except to the extent of his share in the capital.
Read ArticleNon-Profit Companies According to the New Saudi Companies’ Law
A company that takes the form of a shareholding company and does not have the right to take any other form and the profits generated from exercising its activities shall be spent in any of the banks and public non-profit fields that aim exclusively to serve the society in general. The Ministry of Commerce, in coordination with the National Centre for Non-Profit Sector Development, determines these banks and areas.
Read ArticleSuspension of Government Contracts With Foreign Companies With Regional Headquarters Outside Saudi Arabia 2024
As of early 2024, Saudi Arabia has announced the suspension of government contracts with foreign commercial companies that set up their own regional offices outside the Kingdom.
Read ArticleSaudi Arabia: Law on Human Organ Donation Passed To Combat Organ Trade
On 19/08/1442 AH corresponding to 01/04/2021 G, a Royal Decree No. (M/70), dated 09/08/1442 AH, has been promulgated sanctioning a law on Human Organ Donation. This law shall come into effect within 90 days from the date of publishing the law in the official gazette. The law was published in Umm Al-Qura gazette, issue No. 4878, on Friday, 27th of Shabaan 1442 AH, corresponding to April 1, 2021, G. Therefore, it is expected that the implementation of the regulations of the law shall be issued before 27th of Zul Al-Qeda 1442 AH, corresponding to 07/07/2021 G. The law aims at streamlining the process of organ donation and obtaining permits to donate organs after death. This law includes 27 articles, which organize the procedures of moving, transplanting and preserving human organs as well as maintaining the rights of persons from whom or to whom organs are moved.
Read ArticleArbitrary Dismissal of The Employee in Saudi Arabia
Achievement of justice and finding a balancing point between the parties of the employment contract is the main objective of all labor Laws around the world. This could be achieved through regulating the contractual relationship between the employer and the employee in an attempt to reduce the autonomy of will principle, which gives individuals complete freedom to organize contracts. Although the employment contract is considered one of the consensual contracts, the Labor Law requires that the contract must include in detail a statement of the rights and duties of the parties, and the cases of the employment contract’s termination, which must be consistent with the Law that developed a set of controls to terminate the contract by the unilateral will of the employer. In case of non-compliance with these controls, the dismissal shall be considered an arbitrary dismissal due to violating the Law.
Read ArticleSigns of Economic Recession: Is It Time to Apply the Law of Preventative Settlement From Bankruptcy in Saudi Arabia?
Given the unstable economic situation inside and outside the Kingdom and the emergence of insolvency with certain companies in general and contracting ones in particular in terms of their capacity to satisfy their obligations on time, we, the lawyers, have to seek effective solutions for our clients to maintain their enterprises and protect them from the specter of bankruptcy or liquidation and the relevant consequences including the dismissal of many employees and the unemployment of many workers. We have to find the same away from the monotonous usual solutions such as salary cuts and official or arbitrary dismissal of employees for the reduction of expenses so that companies can maintain the fulfillment of their debts and obligations.
Read ArticleArbitration as an Alternative Means for Ordinary Courts in Settling Disputes in Saudi Arabia
Arbitration now occupies a wide range of attention in the present day in terms of performance and development; as it is considered an alternative means for the judiciary in the settlement of disputes; especially with regard to the commercial and international disputes, which made Saudi Arabia give it this attention lately in line with the new economic measures pursued by the Kingdom; as it issued the new Arbitration System issued by Royal Decree No. (M/34) on 24/5/1433 AH; and that is for the purposes of finding alternative solutions to reduce the burden on the ordinary courts. Therefore, I will give a brief overview for the comparisons between the arbitration and ordinary courts.
Read ArticleDevelopment of Departments Specialized in Family Issues in Saudi Arabia
The Public Prosecutor Sheikh Saud bin Abdullah Al Moajab explained in his report that the development of specialized departments in the Public Prosecution branches concerned with the family issues will retain confidentiality on one hand, and they will provide each other with the necessary social assistance from guidance and reform on the other hand.
Read ArticleAssigning a Certain Priority Percentage to the National Products in Saudi Arabia
Recently, the Ministry of Finance has launched the preliminary draft of the new Governmental Tenders & Procurement Regulations, in order to enhance the principle of transparency and sharing, and for purposes of enabling all private and governmental concerned authorities to review this initial draft, aiming to express and show their suggestions and recommendations to avoid mistakes repetitions, and handling weakness points and gaps. This is due that these regulations represent the highest significance to enhance economic development, which is the main factor of commercial and investment businesses, in order to cope with VISION 2030 of the Kingdom.
Read ArticleSaudi Authority for Intellectual Property
Initially and to make it easier for the esteemed readers, I defined the concept of the Intellectual Property in general; which was defined by Legal Scholars as "A set of rights that protect the human thought and creativity, including copyright and relevant rights, patents, trademarks, industrial models and plant varieties".
Read ArticleThe Lawsuit Filing Location for Women in Matrimonial Matters in Accordance With Legal Pleadings System in Saudi Arabia
In ancient times, women had no value in society, and did not have the right to inherit or any other rights. In fact, she was considered a disgrace to her family, and whoever is given news of the birth of a baby girl would feel sorrow and depressed; as God Almighty said { When one of them is given news of the birth of a baby girl, his face darkens, and he is filled with gloom}.
Read ArticleTrading Business in the Kingdom of Saudi Arabia
The economy of Saudi Arabia showed an impressive performance in the retail sector as per survey of 2015. The retail sector of KSA is the largest in GCC, representing 42% of the GCC market siz followed by the UAE (29%) and Qatar (11%). In addition to the stronghold in the retail sector, the kingdom has launched drastic development program Saudi Vision 2030 to boost furthermore economic situation which includes the plans for the retail sector as well.
Read ArticleE-Invoicing Regulations in Saudi Arabia
The General Authority of Zakat and Tax (GAZT) is now termed as The Zakat, Tax and Customs Authority. The GAZT issued the E-invoicing Regulations on 04/04/1442 AH. The said regulations were issued in line with the Kingdom’s one of vital vision for legislative development and bring e-technology linking all internal departments and sectors of Ministries and its sub-ordinate government entities. This initiative is aimed to bring an organized system to regulate and curtail the violations by breaching the laws in the Kingdom in general.
Read ArticleOwnership, Sorting and Management of Properties in The Kingdom of Saudi Arabia
The Ministry of Housing (Ministry) based on the powers invested with it, issued the implementing regulations for the ownership, sorting, and management of real estate units, after the submission of the General Authority for Real Estate in Saudi Arabia, a draft of these regulations to the Ministry. The Ministry approved them on 14/9/2020G corresponding to 22/10/1441AH. The implementing regulations’ list included several provisions regarding the sorting of properties and the ownership of those units. The implementation regulations also included special provisions with regard to the Association of Owners and the Association of Real Estate Complexes as the regulation dealing with provisions for the management and maintenance of real estate units. Finally, the General Authority for Real Estate in Saudi Arabia (Authority) is the authority that is assigned to take decisions and actions necessary to implement the provisions of these implementing regulations.
Read ArticleEnvironment Protection in The Kingdom of Saudi Arabia
The Kingdom of Saudi Arabia shows great importance to conservation of the environment, its development, and protecting it from pollutants. The Kingdom follows the guidance of Islam which urges and calls for paying attention to the environment and restraining from harmful acts and making optimal use of its resources in the rightful manner. To fulfill such objective, the Kingdom has brought a number of laws, which has entrusted several Ministries and Government entities with the responsibility of implementing such laws, as the sagacious Kingdom is well aware of the importance of conserving the environment, and has provided the General Authority of Meteorology and Environmental Protection with the full support to achieve a quantum leap in the field of environment protection and maintenance of its resources.
Read ArticleProcedures for Enforcements of Court Rulings in Saudi Arabia (part 2)
In our pervious article we discussed about few procedures on the execution of the court judgements in the new enforcement bill (draft law), in this Article we continue to highlight about the provisions that are related to recovery of funds in the in the draft law.
Read ArticleOverview of Personal Status Law (Family Law) in Saudi Arabia
As part of the Saudi Vision 2030 in terms of developing the legislative systems in the Kingdom is enacting a number of laws, which would contribute to the possibility to predict court judgements, raise integrity level and efficacy of judicial apparatuses, and promote reliability of procedures and the control mechanisms in order to realize the principles of justice, since lack of such legislations have led to variation in court rulings and prolongation of court proceedings and litigation.
Read ArticleClaim to Cancel Loan Agreement With Interest and Dismiss the Enforcement of Collateral Security in Saudi Arabia
Background: Plaintiff (Company B) filed a lawsuit against our client (Foreign Company) for revocation of a contract that was concluded by the two parties based on the fact that the contract generates usurious interest rates (Riba), which violates the laws of Islamic Sharia. The subject of the agreement entered was that our client shall finance the Plaintiff to perform and implement contracting works relating to a public works project in Taif.
Read ArticleClaiming Outstanding Dues of a Contractor in Saudi Arabia
Background: A claim filed by the Plaintiff (our client) a company against a Company (Defendant) in the Commercial Court of Riyadh for claiming outstanding payment towards contracting work implemented by our client.
Read ArticleSaudi Arabia: Recovery of Investor’s Fund and Profit Through Mediation and Conciliation
Background: A financial claim was filed by Investor (our client) against Company B (defendant) demanding payment of the invested money and profit which was based on a finance agreement entered into by and between our client and Defendant. Defendant breached his contractual obligations as per the finance agreement.
Read ArticleFinancial Claim for Failure to Settle Outstanding Debts of Sub-Contracting Agreement in Saudi Arabia
Background of the case: A financial claim filed by our client (Company M) against Company (B) (defendant) for recovery of the outstanding debts owed by the defendant, based on an agreement entered into between the two parties whereby our client carried out subcontracting works for the defendant.
Read ArticleRecovery of Payment for Sold Goods in Saudi Arabia
Background of the case: Our client, a trading company, filed a financial recovery claim against Company (W) (defendant) for the outstanding payment of the electric devices and products supplied by our client to the defendant and which was a breach of contract by the defendant as per the contractual obligations of supply contract existed between both the parties.
Read ArticleCommercial Claim Suit for Recovery of Unpaid Invoices in Saudi Arabia
Background: A financial claim lawsuit was filed by the Plaintiff Foreign Company registered out of KSA (our client) against a Company (the Defendant) demanding the settlement of the outstanding debts for the value of auto parts supplied by our client to Defendant.
Read ArticleIncorporation of a Foreign Commercial Trading Company in Saudi Arabia
We would like to brief about the incorporation of a Foreign Trading Company that our firm handled and successfully incorporated under the Saudi Arabian General Investment Authority (SAGIA) and Ministry of Commerce and Industry (MOCI). SAGIA is the governing body for foreign investments. Any foreign entity willing to invest in Saudi Arabia should get approval and a foreign investment license from SAGIA. Our client is one of the leading frozen food manufacturers and a well-known brand having its presence in Asia, the Gulf, and Southeast countries. They already hold a foreign investment license from SAGIA for manufacturing activity of frozen food, and they wanted to enter the trading sector. As such, we advised and guided them about trading practices in Saudi Arabia and got them incorporated smoothly.
Read ArticleClaiming The Outstanding Dues From an Employer in Saudi Arabia
Background: An employment lawsuit was filed by our client against his former Employer a company (Defendant), our client demanded the payment of his labor entitlements after he had been terminated by Defendant.
Read ArticleFranchise Agreement and Registering Franchise in Saudi Arabia
One of the famous Japanese bakery store (our client) having franchise outlets around the globe approached us seeking legal assistance for drafting Franchise Disclosure Agreement and review their Franchise Model Agreement and advise as per the Commercial Franchise law (CFL), the client was looking to execute a Master Franchise Agreement with its franchisee in Saudi Arabia. We also handled the registration of the franchise agreement with the Ministry of Commerce in accordance to the Regulations of CFL.
Read ArticleA Claim of a Contractor Against Project Owner to Count Already Approved Executed Works in Saudi Arabia
This case was submitted to our office in 2015, and we were representing the defendant. Case Summary: The contracting company “ Plaintiff”, had submitted a claim before the General Court in KSA, requiring our client “defendant” to pay financial dues resulting from contractual relation between them Contracting Agreement “, and this was after payment of financial dues under approved and certified progress reports and after counting all existing works and delivery of house to our client defendant”, and plaintiff claims that there was cheating, deceit, and complicity by an employee under his company, which lead to fake and unreal results of the counting process.
Read ArticleA Saudi Employee Claims More Than His Dues
This case was submitted to our office in 2013 and has been considered under the Labor Laws. This employee has submitted his claims before the Labor Court in KSA, claiming his employer, after resignation, and continuity in work for a period, without the consent of the employer (our client), to pay the following: - • 2 months’ salary, equal to 40,000 USD. • Warning month salary, equal to 0 20,000 USD. • End-service remuneration • Annual leave of 17,5 days, equal to SR 43,750 • Remaining contract value from 2011 to 2013 • Annual reward of SR 300,000 • Extra time allowance.
Read ArticleCase for Dowry by Virtue of Divorce Instrument Issued Outside the Kingdom of Saudi Arabia
Our client is a non-Saudi national (resident in the KSA) and her divorced husband is also a non-Saudi one (resident in the KSA). Their marriage contract was concluded by the KSA Courts and the husband divorced his wife in his country that is different from hers as each is of different nationality. Our client claimed for the procurement of divorce instruments from the KSA and for obtaining the deferred payment of dowry stipulated in her marriage contract concluded in the KSA. While there is no convention on the enforcement of foreign judgments rendered in Yemen, the husband's homeland, the only solution was to lodge a case with Riyadh Personal Affairs Court.
Read ArticleCase Against a Saudi Company for Claiming Outstanding Dues Filed by a Foreign Company
Case Origin: The lawsuit was filed in 2017 and lasted for approximately six months, and we succeeded by obtaining a final judgment in favor of the foreign company (our client)
Read ArticleCompensation of Damages for Medical Negligence of Labour and Delivery in Saudi Arabia
Plaintiff alleges that our client (a gynecologist) failed to perform due care and attention as being a physician, who was supervising the delivery of his pregnant wife (patient). Plaintiff demanded the medical team and the hospital to pay the legal Diya (blood-money) as well as the compensation for damages sustained for present and future complications.
Read ArticleFeatures of The Personal Status Law (PSL) in Saudi Arabia
As part of the Saudi Vision 2030 in terms of developing the legislative systems in the Kingdom is enacting a number of laws, which would contribute to the possibility to predict court judgements, raise integrity level and efficacy of judicial apparatuses, and promote reliability of procedures and the control mechanisms in order to realize the principles of justice, since lack of such legislations have led to variation in court rulings and prolongation of court proceedings and litigation.
Read ArticleSaudi Arabia To Combat Organ Trade: Law on Human Organ Donation Passed
On 19/08/1442 AH corresponding to 01/04/2021 G, a Royal Decree No. (M/70), dated 09/08/1442 AH, has been promulgated sanctioning a law on Human Organ Donation. This law shall come into effect within 90 days from the date of publishing the law in the official gazette. The law was published in Umm Al-Qura gazette, issue No. 4878, on Friday, 27th of Shabaan 1442 AH, corresponding to April 1, 2021, G. Therefore, it is expected that the implementation of regulations of the law shall be issued before 27th of Zul Al-Qeda 1442 AH, corresponding to 07/07/2021 G.
Read ArticleSaudi Arabia: Financial Guardianship Over Minors to Be Lifted at the Age of 18
On July 14, 2020G, corresponding to Dhu al-Qa'dah 23, 1441H, the Consultative Assembly of Saudi Arabia, also known as the Shura Council, has given a nod to lifting the financial guardianship placed on minors when they reach 18 years of age. Acting accordingly, the law of Civil Procedure has been amended, in which Article No. 44 (bis) has been added to spotlight the decision taken by the Shura Council.
Read ArticleAmendments of Articles of Saudi Law of Civil Procedure
On November 27, 2019G, corresponding to 29 Rabi Al Awwal 1441H, the Saudi Cabinet passed a resolution endorsing the amendments of Articles No. 55 and 56 of the Law of Civil Procedure promulgated in the Kingdom of Saudi Arabia (KSA) in 1435H, which pertain to the non-appearance of litigants in court hearings.
Read ArticleSaudi Arabia: Shifting Powers, Jurisdictions from Ministry of Municipal to Ministry of Environment, Water and Agriculture
On July 1, 2020G, corresponding to Dhul Al-Qada 10, 1441H, the Saudi Cabinet issued a decision endorsing switching seven powers and jurisdictions from Ministry of Municipal and Rural Affairs (MMRA) to Ministry of Environment, Water and Agriculture (MEWA) of Saudi Arabia in order to separate the activities that both the ministries are sharing and entrusted to organize them efficiently. The move will help augment the governance of such activities in a clear and more specific manner for the public interest.
Read ArticleOverview of the Saudi Notarization Law
On July 7, 2020, A.D., corresponding to Dhu Al-Qa'dah 16, 1441 AH, the Saudi Council of Ministers issued a resolution passing the Saudi Notarization law. The law is designed to streamline the notarization process of different types of contracts and declarations between individuals, raise its efficiency, quality reliability and minimize the flow and filing of disputes and lawsuits to courts of law.
Read ArticleFranchise Agreement and Registering Franchise in Saudi Arabia
One of the famous Japanese bakery stores (our client) having franchise outlets around the globe approached us seeking legal assistance for drafting Franchise Disclosure Agreement and review their Franchise Model Agreement and advise as per the Commercial Franchise law (CFL), the client was looking to execute a Master Franchise Agreement with its franchisee in Saudi Arabia. We also handled the registration of the franchise agreement with the Ministry of Commerce in accordance with the Regulations of CFL.
Read ArticleSaudi Arabia: Regulations and Conditions Governing Opening Shops and Businesses for 24 Hours a Day in The Kingdom
On December 29, 2019G, corresponding to Jumada Al-Awwal 2, 1441H, the Saudi Council of Ministers issued a decision allowing shops and businesses to stay open 24/7 subject that they meet certain criteria and conditions. The decision has assigned the Ministry of Municipal and Rural Affairs to verify and check that norms, conditions and regulations are fulfilled by applicants, who request permission or approval to remain open around the clock.
Read ArticleSaudi Arabia: Decision No. (m/40), Dated 24/06/1441 Ah
Praise be to Allah, Lord of all universes, and prayers and peace be upon Prophet Muhammad P BUH, on his kinsmen and companions. Based on the powers and jurisdictions conferred upon the General Assembly of the Supreme Court, by virtue of the Law of Judiciary promulgated upon by the Royal Decree No. 'M/78), dated 19/09/1428 AH, and; Having reviewed the Law of Criminal Procedure promulgated by a Royal Decree No. 'M/2), dated 22/01/1435 AH and the implementation regulations of the Law of Criminal Procedure issued upon Cabinet Resolution No. (142), dated 21/03/1436 AH, and;
Read ArticleHighlights of the New Draft of Companies Law in Saudi Arabia
On July 10, 2020G corresponding to Dhu al-Qi'dah 19, 1441H, the Saudi Ministry of Commerce and Investment and Saudi Arabia’s Capital Market Authority launched a new draft of companies law for all, specialists and those interested in particular, to seek opinion on the most important updates of the new company's law project, with regard to organizing all matters and aspects related to companies, their forms, types, registration procedures, incorporation, naming, the rights of their partners, the division of profits and losses among them, the rights of members of the board of directors, the regulation of the entire activities related to joint stock companies, holding companies, and non-profit institutions, SMEs, MSMEs and other matters covered by the project.
Read ArticleOverview of the New Professional Companies Law in the Kingdom of Saudi Arabia
The new Professional Companies Law has come into being upon a resolution issued by the Saudi cabinet on September 26, 2019G, corresponding to Muharram 27, 1441H. The new law, therefore, shall contribute to developing and enhancing the professional work environment in the Kingdom and shall drive the local economic wheel and support various professional sectors and prompt them to move forward on improving all local and professional activities. This new law shall expedite the progress in numerous activities and fields taken up by those undertaking the liberal professions in the KSA.
Read ArticleAmendments to Articles of the General Court of Audit in Saudi Arabia
On July 28, 2020G corresponding to Dhul Hijjah 7, 1441H, and a Royal Decree ratified a resolution made by the cabinet to bring about certain amendments to the articles of the statute of the General Court of Audit (GCA) in the KSA, whether by adding new articles or modifying the current ones. This amendment is taken to conform to the international best practice norms pertaining to the general courts of audit and underline the effective role played by the GCA in controlling and monitoring the accounts of the public institutions and entities of the KSA in an objective and independent way while safeguarding the GCA from the external influences which might affect and preclude the GCA to fulfill its duties in the most efficient manner.
Read ArticleNew Amendments of the Regulations Governing Ownership of Real Estate in the Kingdom of Saudi Arabia
A royal ordinance was issued upon the circular No. 567080, dated June 9, 2020G corresponding to Shawwal 17, 1441H as per rules and regulations with a defined implementing mechanism which is stated in the new amendments to streamline the ownership of real estate properties in the Kingdom of Saudi Arabia. The above circular on the new amendments of the regulations that govern the ownership of the real estates is divided into two parts; the first part pertains to the rules and regulations to be followed upon submitting the applications to own a real property. The second part concerns laying down an implementing mechanism that shall be enforced when reviewing such applications.
Read ArticleOwnership, Sorting and Management of Properties in The Kingdom of Saudi Arabia
The Ministry of Housing (Ministry) based on the powers invested with it, issued the implementing regulations for the ownership, sorting and management of real estate units, after the submission of the General Authority for Real Estate in Saudi Arabia, a draft of these regulations to the Ministry. The Ministry approved them on 14/9/2020G corresponding to 22/10/1441AH.
Read ArticleThe Draft of Group Financing by Debt’s Activity in Saudi Arabia
On June 7, 2020 AD corresponding to Dhu Al-Qi'dah 16, 1441 AH, the Saudi Arabian Monetary Agency (SAMA), announced the launch of the draft rules for practicing group financing activities in debt to the public, and seeking the views of all interested and specialized people in financing activities and providing financing products to beneficiaries. To regulate all aspects and matters related to the practice of financing activity, in accordance with the rules, laid down and defined by SAMA, and the provisions of the finance company control system and its implementing regulations, in this regard.
Read ArticleRegulatory Controls for the National Centers for the Elderly in Saudi Arabia
On July 9, 2020, AD corresponding to Dhu al-Qi'dah 18, 1441 AH, the Ministry of Human Resources and Social Development issued its resolution to approve the regulatory controls for elderly national centers, in order to regulate the work of the centers of the elderly people, and encourage the private sector and the non-profit sector to participate in providing residential and non-residential services, to accommodate the elderly, in centers designated to provide services for the elderly, whether they are men or women. The controls have been set up to organize the national centers for elderly people, some binding conditions must be met by natural and legal persons, and other special conditions that must be met when accepting elderly people, whether they are men or women.
Read ArticleFinancial Claim for Failure to Settle a Debt in Saudi Arabia
Financial claims for failure to settle debt Background of the case: A group of heirs (our client) filed a lawsuit demanding the defendant pay back a sum of SAR 100,000 he received from them bequeathed as a loan. The defendant failed to repay the bequeathed the said amount before his death nor to his heirs.
Read ArticleReal Estate Mortgage System in Saudi Arabia
Real estate mortgages in Saudi Arabia, any person can mortgage their property in the name of the bank or any entity authorized to lend in exchange for a loan with charges, and the property will be a guarantee for the loan.
Read ArticleCapital Market Authority Issued Resolution for Foreign Financial Institutions in Saudi Arabia
On May 4, 2015, the capital market authority “CMA” issued its resolution Number 1-5-2015 regarding Rules for Qualified Foreign Financial Institutions Investment in Listed Shares in Saudi Arabia.
Read ArticleSaudi Arabia: Summary of The Paris Convention for The Protection of Industrial Property
The Paris Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models (a kind of "small-scale patent" provided for by the laws of some countries), service marks, trade names (designations under which an industrial or commercial activity is carried out), geographical indications (indications of source and appellations of origin) and the repression of unfair competition.
Read ArticleSaudi Arabia: Commercial Fraud Crimes
Recently, fraud and fraudulent activities in commercials have spread in a clear manner through individuals or local or foreign companies. Causing huge negative effects on the economy.
Read ArticleLaw to Tackle IT Crimes in the Kingdom of Saudi Arabia
Why this Law has been Issued In 07/03/1436H, the Board of Ministers resolved laws fighting IT and e-transactions crimes. We hereby would like to define IT crimes as: - “Any act committed related to computer or internet violating stipulations of this law.” These regulations are issued to limit such crimes, assigning penalties thereof, and applying judgments in order to achieve IT security, increase computer usage and internet social media, and protect privacy, public & private interest and public ethics.
Read ArticleTrading Business in the Kingdom of Saudi Arabia
The economy of Saudi Arabia showed an impressive performance in the retail sector as per the survey of 2015. The retail sector of KSA is the largest in the GCC, representing 42% of the GCC market size, followed by the UAE (29%) and Qatar (11%). In addition to being a stronghold in the retail sector, the kingdom has launched a drastic development program Saudi Vision 2030 to boost furthermore economic situation which includes plans for the retail sector as well
Read ArticleSaudi Arabia: Comparison Between the Kuwaiti Lease and the Saudi Lease
The best person is the one who benefits all human beings, and the benefits may differ; as they may and may not come in exchange for compensation;
Read ArticleSaudi Arabia: Approval of Municipal Service Charges Under Council of Ministers& Decree No. 485 Dated 05/11/1437 A.H.
The Council of Ministers chaired by the Vice Custodian of the Two Holy Mosques, the Crown Prince, approved the amendment to municipal service charges as per the schedule set thereby as follows:
Read ArticleRestructure and Development of Labor Litigation by Kingdom of Saudi Arabia
On 02/08/1437 A.H., corresponding to 09/05/2016 G., a group of legal counselors with the Ministry of Labor, headed by Dr. Abdullah Bin Saleh Abdul Latif, Chairman of Labor Bodies, conducted a workshop on the settlement of labor disputes at Riyadh Chamber of Commerce. The workshop discussed some topics relating to the laborer's and the employer's rights.
Read ArticleMaintenance of Commercial Records or Books in Saudi Arabia
Given the importance of the financial accounts for the companies and their obligations before the taxes from the commercial and financial aspects
Read ArticleForeign Investment Licenses Activities in Saudi Arabia
In the renaissance and development era, there is no doubt that our beloved Kingdom is at a stage of great transformation; and as we explained in the previous articles, the Kingdom has provided many opportunities for the country’s optimal development, thus opening the foreign investment business opportunities in the country, while organizing and clarifying the requirements explicitly to obtain or complete the procedures for obtaining the investment licenses.
Read ArticleThe Private Sectors Role in Leading the Economic Growth in Saudi Arabia
The Private Sector became the dark horse that will lead the economic growth in the Kingdom; as the Government of the Custodian of the Two Holy Mosques confirmed that it will greatly support the Private Sector to lead the economic growth until its contribution reaches 65% of the GDP; which is contrary to how it was before.
Read ArticleSaudi Arabia: Violations & Penalties on Concealment of Trading Activities by Foreign Investors
The executive regulation of the foreign investment system in Article Twenty-one (46) of the Penal Code stipulates the following: Differences between the Commercial Register's data on the data contained in the investment license issued by the Authority with the specifications of the Gulf or Saudi Arabia or international accredited. In addition to using the name or logo of a global or local commercial agency without a license, or using publications or seals or means of advertising in a trading name contrary to the name authorized by the Commission. As well as when there is no investment license for the branches of the company and marketing centers, and when providing false data or misleading information to the Authority, or in the case of submission of contracts of implementation of a fake does not exist in reality.
Read ArticleSaudi Arabia: Legal Guardianship and Customary Systems
Ever since the issue regarding (Forfeiture of Guardianship) became a matter of public opinion and much debated among many segments of the society, and between supporters and opposers, we set off to search for the guardianship boundaries as laid down in the Islamic Shariah Law, and find out whether the judicial or government system still follows this Law.
Read ArticleForeign Real Estate Marketing and Sale Inside the Kingdom od Saudi Arabia
When the Kingdom of Saudi Arabia adopted Vision 2030 for development and economic reform, the real estate sector was one of the economic sectors that the vision aims to develop to raise the percentage of ownership of citizens and also to develop the housing sector in the Kingdom. The objectives of this vision will not only be achieved by the public sector, private investment, whether through internal or external investments.
Read ArticleRoyal Speech by HH King Salman Regarding The Kingdom's Role and Commitment Towards Region
The Royal Speech indicated the Kingdom’s role and commitment at the international level towards the regional and international states organizations, through which it acquired its regional appreciation and international standing. In addtion to the Kingdom’s plan to move forward towards a promising future, with God’s willing, through the plans and programs work that ensure the realization of the Saudi Vision 2030.
Read ArticleArbitrary Dismissal of the Employee in Saudi Arabia
Achievement of justice and finding a balancing point between the parties of the employment contract is the objective of all the labor systems all over the world. This could be achieved through regulating the contractual relationship between the employer and the employee in an attempt to reduce the autonomy of will principle, which gives individuals complete freedom to organize contracts.
Read ArticleEnforcement Court Shall Not Apply or Impose Ban on Certain Services in Saudi Arabia
On the 11th of April 2018 – 25th of Ragab 1439 AH, His Excellency Minister of Justice, President of the Supreme Judicial Council, issued a decision which determines the services suspension controls; as it may come to the reader’s mind that the procedure to suspend the services may be one of the guarantees to maintain the rights of each Claimant.
Read ArticleSaudi Arabia: Establishment of Companies Online
Previously, establishment of companies used to take several steps and paths, from the conclusion of an articles of association, the notary’s review, the submission to issue the commercial registry and other applicable companies establishment procedures, which take a lot of time and effort; not to mention the auditing of the companies’ articles of association conducted by the companies’ management at the Chamber of Commerce and Investment.
Read ArticleThe Shura Council's Support Through The Expertise of the Saudi Attorneys
The Shura Council, represented by its Chairman His Excellency Dr. Abdullah Al-Sheikh, and the Chairman of the Saudi Bar Association and Minister of Justice His Excellency Dr. Walid Al-Samaani have concluded the memorandum of understanding, which brings together the members of the Shura Council and the Saudi Bar Association; in order to develop the legislative work between the Shura Council members and the practicing attorneys.
Read ArticleSaudi Arabia: Reduced Working Hours
With this title, almost every employee will feel optimistic; but there are those who will be upset about this decision, especially the owners of businesses that require periodic reference to the State; and as usual, with every new decision there will be disparity and clash in the society between supporters and opposers; however, there is a gray zone that requires some amendments, so that the decision will be suitable for all the segments of the society.
Read ArticleSaudi Arabia: Recent Announcement by SAGIA - The Inclusion of Land Transport Services Activity by Foreign Investors
The General Investment Authority has requested from the Supreme Economic Council to remove the land transport services activity from the list of activities excluded from the foreign investment; thus giving way for the foreign companies to enter the Saudi labor market and compete in this field.
Read ArticleSaudi Arabia: New Amendment of The Mining Investment Law Will Be a Breakthrough for Foreign Investors
The Saudi Ministry of Industry and Mineral Resources’ draft on new amendments to the Mining Investment Law (MI-law) was approved by The Saudi Cabinet on Tuesday, June 9, 2020, the Amendments to the Mining Investment Law (New Amendment). The New Amendment shall take effect after 180 days from the date of publication in the Official Gazette (Umm al-Qura).
Read ArticleSaudi Arabia Formally Joins the Nice Agreement on the International Classification of Goods and Services
On Tuesday 9/6/2020 corresponding to 17 Shawwal 1441 AH, the Saudi Arabia’s Cabinet issued a decision of approval to join Nice Agreement, accession to which was concluded in 1957 AD, regarding the international Classification of goods and services, for the purposes of registering trademarks internationally. The purpose of NICE Agreement is to maintain an international classification system to classify goods and services for the purposes of the registration of marks by countries which are part of the NICE Agreement. The NICE Agreement contains 45 classes which are divided into two categories, the first category is for the Classification of Goods, and the second category is for Classification of Services.
Read ArticleSaudi Arabia Introduces New Norms on Construction Contractors
On 3/5/2020 AD corresponding to 11 Ramadan 1441 AH, the Ministry of Municipal and Rural Affairs (Ministry) issued a decision following the decision of the Saudi Arabia’s Cabinet, which obligates a contractor to indemnify against hidden defects of buildings which may appear or may be detected after the usage for a certain duration.
Read ArticleCommercial Legal Proceedings Relating to Claims by Lawsuits in Saudi Arabia
On April 9, 2020 AD corresponding to 15 Sha&ban 1441 AH, the new commercial court law was approved in the Kingdom of Saudi Arabia, after the issuance of the royal decree for approval as per the Decision No. M/93. As the Minister of Justice issued the approval with the executive implementing regulations of the said new law of commercial courts, on June 22, 2020 AD corresponding to 1 Dhu Al-Qi'dah 1441 AH.
Read ArticleThe E-Commerce Law in Saudi Arabia
Corresponding to 6 Dhu al-Qi'dah 1440 AH, a decision was issued by the Kingdom of Saudi Arabia’s cabinet to approve the E-Commerce law. The law will enhance the robustness and reliability on activities of E-commerce which will contribute to the national economy and the law will also contribute to progress in a direction to achieve the goals of the Saudi Vision 2030 and will encourage E-Commerce activities in the Kingdom.
Read ArticleSaudi Arabia: Amendments to the Executive Regulations of the Law of Criminal Procedures
On July 24, 2020 AD, corresponding to 3 Dhu Al-Hijjah 1441 AH, Saudi Arabia’s cabinet issued a decision, regarding the approval of the amendments to the implementing regulations to the law of Criminal Procedures. These amendments included deletions in Paragraph 1 of Article 157 by deletion of some text. The amendment also included addition of some text in Paragraph 3 to Article 163. We can talk in detail about the above amendments, their concept and their legal requirements.
Read ArticleSaudi Arabia: Amendment to The Law of Travel Documents and Civil Status
On the Thursday 18/12/2019AD corresponding to 24/4/1441AH, by the Royal Decree No. M/7, the Kingdom of Saudi Arabia has announced amendments to some texts and articles relating to travel documents and civil status law. The amendments were made to six articles of the civil status law, and those articles are: ART.30, ART.33, ART.47, ART.50, ART.53 and ART.91. The most prominent amendments are:
Read ArticleThe Law of Water in The Kingdom of Saudi Arabia
On Tuesday, 7 July 2020AD corresponding to 16 Dhu Al-Qi'dah 1441AH, a Royal Decree was issued to approve the water law. The law will come into force after 90 days, from the date of its publication in the official gazette (Umm Al-Qura).
Read ArticleSaudi Arabia Will Soon Implement the Law on Judicial Costs and Fees
The draft law on judicial costs and fees (law) has been introduced by the Saudi Ministry of Justice (MoJ) as a ministerial initiative that could better serve litigants before the Saudi courts. The bill aims at enhancing and developing the judicial facilities and increasing the level of efficiency and quality of judicial services.
Read ArticleThe New Professional Companies Law of Saudi Arabia will take effect from 26th March 2020
The kingdom has taken a fast lane in the reformation of its legislation by enacting new laws and regulations, forming new specialized committees ensuring the legislations are well implemented. In pursuance of legislative reformation, the Council of Ministers has approved the new Professional Companies Law (PC-Law) as per the Saudi Press Agency News (SPA).
Read ArticleThe New Saudi Franchise Law (Law) issued by Royal Decree No. M/22 on 09/02/1441AH
With the continuous pace of the structural reforms targeted by the Kingdom, including the enactment of legislations and laws that help in the distribution of revenue sources and the advancement of the Saudi economy, the Royal Decree No. M/22 on 09/02/1441AH was issued, stating the approval for issuing the Commercial Franchise Law under the Council of Ministers’ Decision No. M/22 on 09/02/1441 AH.
Read ArticleSaudi Authority for Intellectual Property
Initially and to make it easier for the esteemed readers, I defined the concept of the Intellectual Property in general; which was defined by Legal Scholars as "A set of rights that protect the human thought and creativity, including copyright and relevant rights, patents, trademarks, industrial models and plant varieties".
Read ArticleThe General Investment Authority Adopts the International Standard Industrial Classification in KSA
The International Standard Industrial Classification of All Economic Activities is a United-Nations system for classifying economic data, and the International Standard Industrial Classification of All Economic Activities is used on a large scale at the national and international levels in data classification, according to the common economic activity type in the production, employment and GDP fields, and in other statistical fields.
Read ArticleAmendments to the Executive Regulation of the Shariah Pleading System, concerning the Commercial Court in KSA
On 9/6/1439 AH, corresponding to 25/2/2018, the Minister of Justice, President of the Supreme Judicial Council, issued a decision to amend some articles of the Executive Regulation of the Shariah Pleading System, where most of these amendments were in the interests of the Commercial Judiciary, in belief of its importance; as it has recently become independent from the umbrella of the Board of Grievances, and is now under the umbrella of the Ministry of Justice.
Read ArticleServices Suspension Controls in Kingdom of Saudi Arabia
On the 11th of April 2018 – 25th of Ragab 1439 AH, His Excellency Minister of Justice, President of the Supreme Judicial Council, issued a decision which determines the services suspension controls; as it may come to the reader’s mind that the procedure to suspend the services may be one of the guarantees to maintain the rights of each Claimant
Read ArticleAmendments to the Commercial Registration System in the Kingdom of Saudi Arabia
On 25/7/1439 AH, corresponding to 10/4/2018, the Royal Decree No. (M /80) was issued to amend some articles of the Commercial Registration System. The amendments compelled the trader to register his name in the Commercial Register, which is located in the district of his business, whether it is was the main center, a branch or an agency.
Read ArticleThe Horsemeat Scandal
Across Europe, shoppers have been shocked to learn that meat products have been contaminated with horse. It is obviously bad that we don't know the true content of our food, but is it actually bad to eat horse? What makes other meats so much better? Why eat horsemeat is scandal and illegal? Just because they can be beautiful, loyal, and generally respected animals, that doesn't mean that you shouldn't eat Horsemeat?
Read ArticleEstablishment of Saudi Companies Online
Previously, establishment of companies used to take several steps and paths, from the conclusion of an articles of association, the notary’s review, the submission to issue the commercial registry and other applicable companies establishment procedures, which take a lot of time and effort; not to mention the auditing of the companies’ articles of association conducted by the companies’ management at the Chamber of Commerce and Investment.
Read ArticleThe Expertise of the Saudi Attorneys for the Purposes of developing the Legislative Work in KSA
The Shura Council, represented by its Chairman His Excellency Dr. Abdullah Al-Sheikh, and the Chairman of the Saudi Bar Association and Minister of Justice His Excellency Dr. Walid Al-Samaani have concluded the memorandum of understanding, which brings together the members of the Shura Council and the Saudi Bar Association; in order to develop the legislative work between the Shura Council members and the practicing attorneys.
Read ArticleDevelopment of Departments Specialized in Family Issues in Saudi Arabia
The Public Prosecutor Sheikh Saud bin Abdullah Al Moajab explained in his report that the development of specialized departments in the Public Prosecution branches concerned with the family issues will retain confidentiality on one hand, and they will provide each other with the necessary social assistance from guidance and reform on the other hand.
Read ArticleReduced Working Hours in Saudi Arabia
With this title, almost every employee will feel optimistic; but there are those who will be upset about this decision, especially the owners of businesses that require periodic reference to the State; and as usual, with every new decision there will be disparity and clash in the society between supporters and opposers.
Read ArticleOrganization of the Family Affairs Council in Saudi Arabia
On the 20th of Shawwal 1437 AH, corresponding to the 20th of July 2016 AD, the Council of Ministers, headed by the Deputy Custodian of the Two Holy Mosques, held a meeting and adopted several conventions and regulations including the organization of the Family Affairs Council . . .
Read ArticleDefinition of the Royal Discretion Regulatory Tools in Saudi Arabia
Given the privacy enjoyed by Saudi Arabia concerning the nature of issuing the Royal Discretion, the matter which makes the reader believe that there is no difference between the King's decisions, namely the Royal Order, the Royal Decree, the Royal Directive, and the Supreme Order and that all or some of these nominations lead to the same meaning, which this is a common mistake . . .
Read ArticleLiquidation of Commercial Companies in Saudi Arabia
It is widely known that the main purpose for establishing the commercial companies is to achieve economic and investment objectives; and to realize these objectives, it is necessary to discuss the economic feasibility and nature of business activity between the partners.
Read ArticleArbitrary Dismissal of the Employee in Saudi Atrabia
Achievement of justice and finding a balancing point between the parties of the employment contract is the objective of all the labor systems all over the world. This could be achieved through regulating the contractual relationship between the employer and the employee in an attempt to reduce the autonomy of will principle, which gives individuals complete freedom to organize contracts.
Read ArticleThe Procedures of Committee for the Promotion of Virtue and the Prevention of Vice (CPVPV) with the New System in Saudi Araabia
Our noble religion ordered us to give advice and guidance and promote virtue according to certain levels. As Prophet Mohammed (Peace be upon him) said:" Whoever amongst you sees an evil, he must change it with his hand; if he is unable to do so, then with his tongue; and if he is unable to do so, then with his heart; and that is the weakest form of Faith".
Read ArticleThe Lawsuit Filing Location for Women in Matrimonial Matters in accordance with the Saudi Legal Pleadings System
In ancient times, the woman had no value in the society and did not have the right to inherit or any other rights.
Read ArticleChild Abuse in Saudi Arabia
Child abuse and mistreatment are one of the problems faced by a segment of our children who are under the age groups that include early, middle and late childhood, and the United Nations Convention on the Rights of the Child (1989), was ratified by the Kingdom.
Read ArticleQuasi-Judicial Committees and Arbitration in Saudi Arabia
Some of the quasi-judicial committees’ problems, the authority of their decisions, and the extent of appeal against them before the Board of Grievances as the Administrative Court; as these committees belong to the Executive Authority and their decisions should be appealable
Read ArticleImplementation of Foreign Rulings in the Kingdom of Saudi Arabia
At first, the term (Foreign Ruling) can be defined in accordance with the Riyadh Arab Agreement for Judicial Cooperation, which stated the following: "In the application of this section, a ruling shall mean any decision – of whatever designation - issued on the basis of judicial or jurisdictional proceedings by courts or by any competent authority for one of the Contracting Parties..."
Read ArticleThe Fraud and Fraudulent Crime between Its Spread in Saudi Arabia
Recently, the fraud and fraudulent crimes have spread in a clear manner whether through individuals or local or foreign companies.
Read ArticleStandard Residential Rental Contract (1-2)
The desire and interest of investors in the private sector to invest more in the residential rental sector, may now enjoy more protection thanks to some developments.
Read ArticleRemoval of the Land Transport Services Activity in Saudi Arabia
The General Investment Authority has requested from the Supreme Economic Council to remove the land transport services activity from the list of activities excluded from the foreign investment; thus giving way for the foreign companies to enter the Saudi labor market and compete in this field.
Read ArticleFranchise Contract in Saudi Arabia
In Saudi Arabia, franchise started small in the late seventies and early eighties; as it was in the form of import from outside the Kingdom, and then this phase has expanded until the number of international companies operating in the franchise field has exceeded 250 companies in the Saudi market.
Read ArticleComparison between the Kuwaiti Lease and the Saudi Lease
The best person is the one who benefits all human beings, and the benefits may differ; as they may and may not come in exchange for a compensation; however, when it is associated with a compensation, attention must be given to its organization method.
Read ArticleTrademark and Its Registration in Saudi Arabia
Trademark: What is a trademark? What does it mean?
Read ArticleHousing Support Vision 2030 in Saudi Arabia
There is no doubt that the target group of this support, i.e. the “Housing Support”, must be this category of limited-income earners, widows, and divorced women; as this category cannot secure a residence for itself unless after long periods of time, the matter which is almost impossible to achieve.
Read ArticlePleading before Administrative Courts of Appeal in Saudi Arabia Is a Dream Come True
In 1425 AH, the Pleading System before the Board of Grievances was issued, which clearly and explicitly stated the litigation levels at the administrative court, under which the Administrative Court of Appeal and the Supreme Court were established, which added more judicial guarantees for the litigants.
Read ArticleArbitration and Its Impact on the Saudi Economy
In light of the economic developments in Saudi Arabia, the Kingdom issued the new Saudi Arbitration System for 1433 AH (2012); to become an effective means in settling the commercial disputes; as the new system replaced the abolished arbitration system issued in 1403 AH (1982), and it came in line with the economic and growth developments witnessed by the Kingdom.
Read ArticleGeneral Requirements that Must Be Provided for Any Foreign Investment License in Saudi Arabia
Saudi Arabia has worked hard at opening and attracting foreign investment, so as to contribute positively to the development of the national economy and the sustainable development, and to raise the Saudi manpower level and promote the economic competition at the local and international level, while diversifying the income sources in Saudi Arabia.
Read ArticleThe Shura Council Issues Its Decision to Reduce the Work Hours to 40 Hours
After the rejection of the Human Resources and Administration Committee belonging to the Shura Council to back down on its agreement on its decision two years ago, the Shura Council resolved this decision to reduce the weekly work hours to 40 hours, without exceeding eight hours a day, along with granting a two-day leave for the workers in the private sector, and also during the month of Ramadan for Muslims . . .
Read ArticleRegulatory Controls and Procedures for the Listed Joint-Stock Companies in Saudi Arabia
On the 17th of Rabi Al-Awwal 1438 AH, corresponding to the 16th of December 2016, the Capital Market Authority (CMA) Board issued the regulatory controls and procedures for listed joint-stock companies issued by the CMA Board on 16/1/1438 AH, corresponding to 17/10/2016, under the number (8-127-2016), based on the Companies Law issued by the Royal Decree No. 28/1/1438 AH.
Read ArticleDelivery and Rapid Intervention Center Royal Order No. (64279) on 26/12 /1436 AH
n the Royal Order No. (64279) on 26/12 /1436 AH, the Council of Ministers approved the establishment of the Delivery and Rapid Intervention Center, which is related to the Minister of Economy and Planning, who is Chairman of the Follow-up Committee for the implementation of the decisions related to the Council of Economic Affairs and Development. The Center was established to follow-up with the relevant authorities’ implementation of the priority initiatives with economic and developmental importance; along with helping the relevant authorities in developing detailed plans and targeted paths, identifying obstacles early on, coming up with transparency solutions and procedures throughout the implementation period, establishing a head office for the Center in Riyadh, and establishing offices within Saudi Arabia as needed.
Read ArticleWomens Included Right
The Saudi Judicial laws include and guarantee all women’s rights upon any litigation procedures.
Read ArticleImposition of White Lands Fees
After a full year of study, the Council Of Ministers approved the White Lands Fees System, after reviewing the Shura Council’s Decision No. (112/65) on 5/2/1437 AH. This System is considered a new addition to Saudi society; as the Kingdom did not have system like that before. Economists ensured the decline in the real estate market, which recorded its highest levels in the previous years; and so the Owner has now one of two options: either sell the land or develop it with economic projects. This is a tangible renaissance in the urban scope; as some residential neighborhoods have not been fully constructed for nearly 20 years.
Read ArticleArbitration as an Alternative Means for Ordinary Courts in Settling Disputes
Arbitration now occupies a wide range of attention in the present day in terms of performance and development; as it is considered an alternative means for the judiciary in the settlement of disputes; especially with regard to the commercial and international disputes, which made Saudi Arabia give it this attention lately in line with the new economic measures pursued by the Kingdom; as it issued the new Arbitration System issued by Royal Decree No. (M/34) on 24/5/1433 AH; and that is for the purposes of finding alternative solutions to reduce the burden on the ordinary courts. Therefore, I will give a brief overview for the comparisons between the arbitration and the ordinary courts.
Read ArticleViolations Foreign Investors Make in Saudi Arabia
The executive regulation of the foreign investment system in Article Twenty-one (46) of the Penal Code stipulates the following: (1) Differences between the Commercial Register's data on the data contained in the investment license issued by the Authority with the specifications of the Gulf or Saudi Arabia or international accredited.
Read ArticleCo-Branding in Saudi Arabia
Today in the market world, there are endless choices of products and services provided for consumers. In this sense, brands face a great challenge by gaining consumer confidence and proving their name in the market.
Read ArticleExecuting Foreign Judgments Inside & Outside Saudi Arabia
Over the last two decades, the globe has experienced exceptional growth in world trade. This growth is due in part to regulations and oversight in the international the business sector, resulting in reduced risk in the worlds free market economies. The WTO and GATTs rules and regulations have been a contributing factor in increasing global trade as well
Read ArticleRights of Airlines Customers in Saudi Arabia
A resolution issued by the Board of Directors of the General Authority for Civil Aviation No. (380-20), in 26/05/1438H, approving the Executive Rules of the regulations of protecting the rights of customers, and this regulation aims to standardize some air transport rules, and it consists of 22 articles including the following:
Read ArticleEnforcement of Foreign Judgements and Arbitral Awards in Saudi Arabia
There are speculations internationally that, enforcement of foreign judgments and arbitral awards in Saudi Arabia are still in dark. Since Saudi Arabia&s fundamental law is Sharia law the international community feels that enforcement of any judgment or award issued in foreign jurisdictions based on foreign laws might not be enforced in Saudi Arabia.
Read ArticleSummary of the Paris Convention for the Protection of Industrial Intellectual Property in Saudi Arabia
The Paris Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models (a kind of "small-scale patent" provided for by the laws of some countries), service marks, trade names (designations under which an industrial or commercial activity is carried out), geographical indications (indications of source and appellations of origin) and the repression of unfair competition.
Read ArticleThe Single Shareholder Company in Saudi Arabia (Part-2)
In Part 1 of this article, it was mentioned that some legal aspects of the Single Shareholder Company, for example, definitions, methods enforced for establishing it, in addition to mentioning that the Saudi legislative body has prevented to establish more than Single Shareholder Company for the same individual, and here we will continue discussing the few more similar aspects.
Read ArticleThe Single Shareholder Company in Saudi Arabia (Part-1)
The new Companies Act issued under the Royal Decree No. (3/م), dated in 28/01/1437H, includes new issues and rules in order to form the new KSA policies that aim to facilitate commercial regulations and related procedures, and it aims to remove all regular and legal hinders to cope with the industrial and commercial progress in order to contribute improving KSA investment environment, and diversifying economic activities in all fields and sectors, aiming to achieve development.
Read ArticleVAT and Selective Tax in Saudi Arabia
Recently, some questions and discussions have been raised on the Saudi street as well as through the audio and visual media on the decision of the Saudi Council of Ministers on 25/04/1438 H to approve the unified GCC value added tax agreement, and the unified Agreement on Selective Taxation for the GCC States.
Read ArticleEnforcement of Foreign Judgements and Arbitral Awards in Saudi Arabia
There are speculations internationally that, enforcement of foreign judgements and arbitral awards in Saudi Arabia are still in dark. Saudi Arabia&s fundamental law is Sharia law the international community feels that enforcement of any judgement or award issued in foreign jurisdictions based on foreign laws might not be enforced in Saudi Arabia.
Read Article2030 Vision of Saudi Arabia Is More Favorable for Commercial Sectors
Saudi Arabia is currently undergoing significant economic changes because of the 2030 initiative, which significantly enhances the private sector. The Government of the Kingdom is pursuing the initiative of 2030.
Read ArticleSigns of Economic Recession / Time to Apply Composition System in Saudi Arabia
Insolvency proceedings in KSA.
Read ArticleRegulations Concerning Import of Pre-Packaged Food Products in Saudi Arabia
Saudi Arabia is the largest importer of food and agricultural products among the Gulf Cooperation Council (GCC) countries (UAE, Kuwait, Qatar, Oman and Bahrain) and has solid governing bodies which are responsible for approval and allowing food products into the Kingdom. In this article I have briefed a part of the regulation covering labelling procedures on pre-packaged foods.
Read ArticleOpen the Retail and Wholesale Trading Sector in Saudi Arabia for Foreign Entities to be 100% Their Ownership.
The foreign entities in Saudi Arabia are allowed to have 100% ownership in retail and wholesale trading sectors.
Read ArticleOath before the Saudi Courts
Two types of oaths include the Strict Oath and the Completing Oath.
Read ArticleAnti Crime Regulation in Saudi Arabia
Recently, the fraud crimes are clearly rising whether it is among any individuals or local /foreign companies.
Read ArticleNew Amended Trademark Law of Saudi Arabia
Trademark Authority of Saudi Arabia enacts the GCC Trademark Law:
Read ArticleOverview of Commercial Anti-Concealment & Its Evidences in Saudi Arabia
Violations and penalties for acts of concealment
Read ArticleThe Settlement of Labor Disputes in Saudi Arabia
Restructure and Development of Labor Litigation by Kingdom of Saudi Arabia
Read ArticleAbsence of Litigants as per the Law of Procedure before Sharia Courts
Non-appearance of Litigants and their implication as per the Law of Procedure Before Sharia Courts
Read ArticleApproval of Municipal Service Charges under Council of Ministers' Decree No. 485 dated 05/11/1437 A.H. in Saudi Arabia
The Council of Ministers chaired by the Vice Custodian of the Two Holy Mosques, the Crown Prince, approved the amendment to municipal service charges as per the schedule set thereby as follows:
Read ArticleRetail Trading and Distribution in Kingdom of Saudi Arabia
Saudi Arabia’s economy showed an impressive performance in the retail sector as per survey of 2015. Saudi Arabia’s retail sector is the largest in Gulf Cooperation Council (GCC), representing 42% of the council’s market size, followed by the UAE (29%) and Qatar (11%).
Read ArticleInsurance Litigation in Saudi Arabia
Insurance Litigation will be dealt with Insurance Dispute Committee and Appeal Committee.
Read ArticleSet of Rules and Judiciary Principles Issued by The Saudi Board of Grievance
The Board of Grievance has issued a set of rules and judiciary principles, in 10 volumes, including 4298 pages, 6 volumes thereof are administrative Judiciary Rules and Principles, other 2 are concerned with the commercial judiciary, and the other 2 are for criminal justice
Read ArticleIT Crimes in Saudi Arabia
Anti-Cyber Crime Law of Saudi Arabia is ny act committed related to computer or the internet violating stipulations of this law.
Read ArticleA Breakthrough in the Retail Sector in Saudi Arabia – 100% Ownership to Foreign Investors
Now a Foreign Investor can have 100 % ownership in retail sectors. SAGIA plans to pump in more high-level investors into the kingdom and introduce new technology and maintain economic growth that may become increasingly important if oil prices stay low and to make Saudi Arabia an international center for the distribution, sale and re-export of products.
Read ArticleExecuting Foreign Judgments Inside Saudi Arabia
Over the last two decades, the globe has experienced exceptional growth in world trade. This growth is due in part to regulations and oversight in the international the business sector, resulting in reduced risk in the world’s free market economies. The WTO and GATT’s rules and regulations have been a contributing factor in increasing global trade as well.
Read ArticleForming Appeal Committee for Banking Disputes in Saudi Arabia
The Royal Decree Number: – (24/A), dated in 18/02/1437H, was issued stipulating to form the 1st Court of the Banking Disputes Committee, and the 1st Court of the Appeal Committee of Banking Disputes and Violations, according to (Secondly) and ( Fifthly) paragraphs of the Royal Decree number 37441, dated in 11/08/1433H.
Read ArticleNew Amendments to Company Law of Saudi Arabia
The Ministry of Commerce and Industrial (MOCI) announced on 9 November 2015 about New Company Law(NCL), which may be implemented after 150 days from its publication in the Saudi Official Gazette (Um Al Qura). The announcement came after the Kingdom considering the various factors and issues faced by both domestic and Foreign Companies
Read ArticleTrademark in the Saudi Law
A trademark, according to the provisions of this law, is the names embracing a distinguished shape, signatures, words, letters, numbers, drawings, codes, stamps, jutting inscriptions; or any other sign, or any combination of it that can be perceived by sight, and apt to distinguish industrial, commercial, professional, and agricultural products; or a project tapping into forests or natural wealth.
Read ArticleThe Unified Judiciary Law of GCC
In 34th Session of the Supreme Council of the Cooperation Council for the Arab States of the Gulf (GCC) the council agreed that The Unified Judiciary law of GCC.
Read ArticleCapital Market Authority Issued Resolution for Foreign Financial Institutions in Saudi Arabia
On May 4, 2015, the capital market authority “CMA” issued its resolution Number 1-42-2015 regarding to Rules for Qualified Foreign Financial Institutions Investment in Listed Shares in Saudi Arabia.
Read ArticleLabor Commissions in Saudi Arabia
The labor Law in Saudi Arabia is a balanced law that regulates all aspects of labor relations between workers and employees and applicable to all Saudi and Non-Saudi workers without discrimination. Respecting the laws and compliance with their provisions enhances labor relations stability and acts as a key for progress and development.
Read ArticleMultinational Constriction Companies' Long-Waited Decree
To achieve the aspirations and hopes of our wise leadership, and to materialize their goals by execute huge projects supporting development plans wheel that serve both citizens and residents on equal basis. Solutions should founded and obstacles should be overcomes to meet this request through attracting world experiences.
Read ArticleThe Role of the Execution Judge before and after Issuance of the Execution Law in Saudi Arabia
Before, the execution was performed by the King or his representative according to Article (50) of the Main Laws for the issued rule in 1412H, and the stipulations of the 2nd paragraph of the 7th Article of the Regions Law issued in 1412H, and this stipulates that the Prince of each region is to be responsible for execution of the judiciary rules in its final status, and now we conclude that the administrative ruler was the one to execute such judicial rules.
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