mc_gov_sa · executive_regulation · processed · 19 chunks
[Non-Text] وزاره التجاره Ministry of Commerce VISION لدا 23:30 الوكاله العربيه السعوديه KINGDOM OF SAUDI ARABIA Implementing Regulations of the Commercial Register Law Article 1: The jurisdiction of the Commercial Register Offices shall be determined in accordance with Annex (1) to the present Regulations by a decision of the Minister of Commerce to establish other offices and to amend the jurisdiction of existing offices. Article 2: The Ministry of Commerce shall prepare in each Commercial Register Office a registry for registering traders and companies in the jurisdiction of each office. Multiple registries may be established based on the multiple cities that fall within the Office's jurisdiction. The pages of each register shall be numbered with serial numbers, each register shall have its own code, and each establishment shall have a distinctive symbol according to its legal form. The Ministry of Commerce shall have the right to use computerised registration, taking into consideration the provisions mentioned in the previous paragraph. Article 3: Registration applications, as well as applications for amendment and applications for the cancellation of registration stipulated in the Law, shall be drawn up on the forms prepared for this purpose. Each application shall be accompanied by supporting documents, written in clear handwriting, and submitted by the persons assigned to submit them according to the Law. Those persons may delegate others on their behalf with an official special or general power of attorney, expressly stating the power of the agent to submit any of the aforementioned applications. The original power of attorney or a copy thereof shall be kept along with the original application at Commercial Register Office. Article 4: The officials of the branches and offices of foreign companies licensed to be opened in the Kingdom must attach to the application for the registration of branches or offices a copy of the licensing decision to open the branch or office and a copy of the company's articles of association, certified by the competent authorities with a certified Arabic translation. The registration application must also include the data mentioned in Article 3 of the Law, and ample data on the branch and office, including in particular the following: The trade name of the branch or office, its address, the activity it carries out, the date of its opening, the name of the manager and the limits of his powers. Article 5: The data mentioned in Articles 2 and 3 of the Law must be indicated in the registration applications for individual businesses, companies and their branches. The applications must also indicate the director's powers in managing or signing, especially the dispositions, contracts and powers vested in the director or persons who have the right to sign, both in terms of their type and value, as well as the dispositions and contracts they are prohibited from undertaking, if any. Article 6: All the applications referred to in the above articles shall be submitted to the competent officer of the Commercial Register Office who must verify that all the conditions stipulated in the Law are met with respect to each application and then mark the application with the date of its submission, the acceptance of the applications that meet the conditions and the rejection of the other applications, indicating the reasons for rejection. All this should be accompanied by the officer's signature. In each case, the officer shall keep the original application in the competent Commercial Register Office. 1 +966 11 294 4444 | Riyadh 11162 @ SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa [Non-Text] وزاره التجاره Ministry of Commerce VISION 23:30 دولي اعلان شعوب KINGDOM OF SAUDI ARABIA Article 7: The Commercial Register Offices shall record the data of the accepted applications in the Register prepared for this purpose, issue a certificate to that effect in one original and one copy, hand over the original to the person concerned, and keep the copy in the Commercial Register Office. Article 8: In the event of indicating data that would change the data registered in the Register, the new data shall be recorded based on the application submitted by the concerned person and a registration certificate shall be issued that includes the amended data. Article 9: The fees due on the concerned person shall be collected after accepting the registration or amendment application by issuing the receipts on the form prepared for this purpose in three copies with a single serial number where the concerned person shall be provided with two copies thereof to attach one of them to the application. The Register Offices shall enter the receipt number in the registration certificate, and the due period for the fee shall be considered the period of validity of the certificate. Article 10: The competent Commercial Register Office shall issue a certificate for the cancellation of the registration in one original and one copy based on the form prepared for this purpose, provided that the certificate shall indicate the date of and reason for the cancellation. The original certificate shall be handed to the person concerned and the copy shall be kept in the Commercial Register Office. Article 11: The Commercial Register Offices shall annotate the judgments and orders stipulated in Article 10 of the Law, together with each penalty imposed on a registrant in the Commercial Register on the registrant's own page indicating a summary of those provisions and orders, the violation, the amount of the penalty, the date at which the penalty decision was taken, the date at which the decision was communicated to the violator, the date at which an appeal, if any, was filed, and the number and date of the decision of the Minister of Commerce in this regard, the summary thereof, and the date of the penalty implementation. The Commercial Register Offices shall keep the above rulings and orders in the trader's file. Article 12: In the event that the trader or company cannot be found in the address indicated in the Commercial Register, the notice stipulated in the second paragraph of Article 7 of the Law, which was sent to that address, shall be deemed valid and legally effective for them. The Commercial Register Office shall have the right to cancel the registration after verifying the incident necessitating the cancellation and the expiry of the time limit for submitting documents that refute the incident necessitating the cancellation. Article 13: The officers appointed by a decision issued by the Minister of Commerce shall detect the violations of the provisions of the Commercial Register Law and the regulations and decisions issued in implementation thereof. Article 14: The officers referred to in the previous article, in order to perform their duty and after having shown their official identity cards and indicated the purpose of their presence, shall have the right to view the books, records and papers and request the necessary data. They may also, after obtaining permission from the head of the Commercial Register Office in Riyadh or the directors of the branches in the other regions, within the limits of 2 +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa [Non-Text] وزاره التجاره Ministry of Commerce VISION d-91 23:30 دوقد ودوقد الدوق KINGDOM OF SAUDI ARABIA their competence, enter the commercial premises and the associated stores or warehouses, and conduct inspection whenever necessary. The owner of the business or the person responsible for it shall make all the arrangements to facilitate the achievement of this end. Article 15: If the inspection results in the detection of a violation of the provisions of the Law, its regulations, or its executive decisions, the competent officer may seize the papers, draw up a report of the incident, conduct an investigation, and refer the matter to the head of the Commercial Register Office in Riyadh and the directors of the branches in the other regions, within the limits of their competence, to refer the papers to the competent committee pursuant to the text of Article 16 of the Law. Article 16: The officers of the Commercial Register shall, in the event that the business is not registered although its capital has reached one hundred thousand riyals, draw up a report of the incident and include therein an inventory of the components of the business, its assets, stores and warehouses. The report shall be signed by the officer and the owner of the business or the owner's authorised representative, and the report shall be submitted to the committee formed pursuant to Article 16 of the Law. The committee may seek the assistance of experts in estimating the capital of the business, and to that end may consider the financial statements prepared by the trader regarding the business' commercial activity and the data contained in its books. The committee may also refer to the General Authority of Zakat and Tax to ascertain the business's capital. Article 17: The officer responsible for detecting violations shall, while implementing the aforementioned procedures, abide by the rules of good conduct, ethical behaviour and public morality. The officer may not visit businesses for control purposes outside their daily working hours. Article 18: The Minister of Commerce's Decision No. 151 dated 17/8/1403 AH shall remain valid inasmuch as it does not contradict the provisions of the Commercial Register Law and the present Regulations. Decisions and instructions that contradict the provisions of this Law and its Implementing Regulations shall be deemed null and void. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه f @ SaudiMCI www.mci.gov.sa 3