mc_gov_sa · executive_regulation · processed · 9 chunks
VISION d 230 المركبه العربيه السعوديه KINGDOM OF SAUDI ARABIA وزاره التجاره Ministry of Commerce Executive Regulations of Trade Names Law +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه f@ SaudiMCI www.mci.gov.sa [Non-Text] وزاره التجاره Ministry of Commerce VISION d_jj 23-30 Komalka عربيه السعوديه KINGDOM OF SAUDI ARABIA Ministerial Decree No. 2015, dated 20/12/1420 H. On issuing the Executive Regulations of the Trade Names Law Minister of Commerce As authorized, Upon reviewing the Trade Names Law, issued by Royal Decree No. M/15, dated 12/08/1420 H., and Subject to the requirements of public interest, Had decided as follows: Article (1): The Executive Regulations of the Trade Names Law shall be issued in the attached form. Article (2): This Decree shall be published in the official gazette and shall come into effect as the enforcement date of the Trade. Minister of Commerce Osama bin Jaafar Faqih +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa Y [Non-Text] وزاره التجاره Ministry of Commerce VISION d_ng 230 demolak erebilean KINGDOM OF SAUDI ARABIA Executive Regulations of Trade Names Law Article (1) Each trader shall adopt a trade name to be recorded for him in the Commercial Register. That name shall consist of the trader's name in the Civil Register, an innovative name, or both. It may also contain data related to the type of trade/activity allocated to that name. Also, the name shall be appropriate and may not be confusing or deceptive, neither shall it be contrary to the rules of Islamic law or harmful to the public interest. Article (2) Subject to the provisions of the Companies Law, the name of the Company shall be its trade name and may include an innovative name or data relating to the type of trade it exercises. Article (3) The trade name shall include Arabic or Arabized words and shall not include any foreign words; except for the names of the foreign companies registered abroad, companies of well-known international names and companies with joint (mixed) capital issued by a Decree of the Minister of Commerce. Article (4) The application for registering the trade name shall be submitted on the form prepared for that purpose to one of the Commercial Registry Offices in the Kingdom, each within the jurisdiction of the concerned party or an official representative thereof. The original and copy of the power of attorney shall be kept with the application at the Commercial Registry Office. Article (5) The registration application shall include the following data: 1. The applicant's name according to the civil register, as well as his place of residence and nationality. If the applicant is a company, its name and premises address shall be clarified. 2. If the application is submitted by a representative, his name, address and civil registration number shall be mentioned. 3. The trade name. 4. The type of activity practiced by the merchant under the trade name. 5. The address of the premises where the merchant carries out his activity under that trade name. 6. Signature of the applicant, his representative or the person entitled to sign on behalf of the company. Article (6) The Commercial Registry Office shall examine the application and, before deciding on it, shall instruct the concerned party to complete what is deemed necessary to accept the application or to introduce any amendments required to the trade name to be distinguished from others and to clarify it in such a manner as to avoid confusion with any previous trade name. Article (7) The Commercial Registry Office shall decide on the application within thirty days from the date of its submission. If the Office finds that the application is not in accordance with the +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه A © SaudiMCI www.mci.gov.sa • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • [Non-Text] وزاره التجاره Ministry of Commerce VISION 6 230 المركزي العربيه السعوديه KINGDOM OF SAUDI ARABIA provisions of the Law and Regulations, it shall notify the applicant in writing that his application is rejected, explaining the reasons, and the concerned party may appeal to the Minister of Commerce within thirty days of the date of notification. Article (8) The concerned person shall be notified in writing of the Decree of the Minister in writing, and if his objection is rejected, he shall appeal the Decree of the Minister before the Board of Grievances within thirty days from the date of notification thereof. Article (9) Upon acceptance of the application, the Commercial Registry Office shall prepare a declaration including the following statements: 1. The applicant's name according to the civil register, as well as his place of residence and nationality, and if the applicant is a company, its name and premises address shall be clarified. 2. Commercial name. 3. Type of trade practiced by the merchant under the trade name. 4. The address of the premises where the merchant carries out his trade under that trade name. The applicant shall publish the announcement in the Official Gazette and another local newspaper, at his expense, within thirty days from the date of receipt. Otherwise, he shall be deemed to have waived his application. That period may be renewed upon the applicant submitting a request by the end of the said period and the head of the Commercial Registry Office in Riyadh or the director of the Ministry's branch approved the reasons for renewal. Article (10) The trade name shall be registered after announcement in the Commercial Register and the owner shall be given, upon registration, a certificate that includes the following data: 1. Registration number. 2. Registration date. 3. Trade name. 4. Name of the owner of the trade name according to the civil register, as well as his place of residence and nationality. If the owner of the name is a company, its name and premises' address shall be mentioned. 5. Type of trade conducted by the merchant under that trade name. 6. Address of the premises where the merchant conducts his trade under that trade name. Article (11) After the name is registered in the Commercial Register, no other merchant shall use that name in the Kingdom in the type of trade he practices. If the trade name required to be registered is similar to a trade name previously registered in the Commercial Register, the merchant shall add to this name what distinguishes it from the previous name. Article (12) The merchant, whether an individual or a company, shall clearly write his trade name on the front of his commercial shop and all his print-outs, taking into account that in case the trade name of the individual merchant differs from the name registered in the civil registry, his full name as mentioned in the civil registry shall be mentioned on all his print-outs and he shall use it in signing all his commercial transactions. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa [Non-Text] [Non-Text] وزاره التجاره Ministry of Commerce VISION d_jgj 30 demolak变换 KINGDOM OF SAUDI ARABIA Article (13) The Commercial Register shall indicate the transfer of ownership of the trade name at the request of the person to whom the trade name is transferred, or his representative, attaching the documents attesting the transfer of ownership and the agreements of both parties on the responsibility of the former and latter to the obligations assigned under that name before and after the transfer of ownership and consistently with the Law and its Executive Regulations. Article (14) The Commercial Registry Office shall declare a transfer of ownership of the trade name, which shall include the following data: 1. Trade name registration number and date. 2. Name of the owner of the previous trade name. 3. Name of the person to whom the ownership of the trade name has been transferred, as in the civil register, as well as his place of residence and nationality. In case the ownership is transferred to a company, its name and main premises address shall be mentioned. 4. The trade name. 5. Statement of transfer of ownership, if any. The owner of the trade name shall publish the announcement in the Official Gazette and another local newspaper at his own expense. Article (15) After the publication, the Commercial Registry Office shall record the transfer of the trade name ownership, along with the name and address of the new owner and the reason for the ownership transfer, as well as the date of recording the same in the Commercial Register. Article (16) Any agreement contrary to the provisions of Article (9) of the Law shall not apply to third parties unless it is registered in the Commercial Register at the request of the concerned party and notified to third parties by a registered letter to be issued by the Commercial Registry Office and published in the Official Gazette and another local newspaper, in an announcement to be prepared by the Commercial Registry Office and published by the concerned person, at his expense. Article (17) Any stakeholder party may object to any agreement contrary to the provisions of the above Article before the Minister of Commerce within thirty days from the date of being notified with the same or its being published in the newspaper, whichever is earlier, and shall then be informed with the Minister's decision in writing and may lodge a complaint before the Board of Grievances within thirty days from the date of being notified with that decision. Article (18) If the trade name is used by a person other than its owner, or if used by the owner in a manner inconsistent with the Law, the concerned parties may request the Minister of Commerce to prevent its use or to cancel it if it is registered in the Commercial Register. They may also apply to the Board of Grievances to claim compensation, if applicable. +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 dāj 30 demolaje de la KINGDOM OF SAUDI ARABIA Article (19) Without prejudice to any severer penalty provided for in any other law, any person who uses a trade name in violation of the provisions of this Law shall be liable to a maximum fine of fifty thousand riyals. The penalty may be doubled if the offense is repeated. Article (20) The Commercial Registry staff, each in his jurisdiction, shall control any violations of the provisions of the Trade Names Law and the decisions issued for its enforcement, based on an order issued by the head of the Commercial Registry Office. Article (21) The staff referred to in the above Article, in performing their job and after presenting their official cards and indicating the purpose for their visit, may access the books, records and papers, request the necessary data and enter the commercial premises and the subsequent stores and warehouses, in addition to conducting inspection, when necessary. The officer in the commercial premises shall have to provide them with all the facilities to achieve this end. Article (22) In case the inspection revealed any violation of the provisions of the Law or the decrees issued in its enforcement, the competent employee may seize the papers, prepare minutes of the incident and conduct an investigation thereof, submitting the matter to the head of the Commercial Registry Office to refer the papers to the Public Prosecutor. Article (23) The concerned employee shall be responsible for controlling offenses in the implementation of the procedures referred to in the code of ethics, good conduct and public morals, and may not visit commercial premises for the purposes of seizure in other than their daily working hours. Article (24) The General Prosecutor at the Ministry of Commerce and its branches shall, each according to its jurisdiction, shall conduct prosecution in terms of the violations of the Trade Names Law provisions and the decisions issued in its enforcement before the committee provided for in Article (14) of the Trade Names System. Article (25) One committee or more shall be formed by a Decree of the Minister of Commerce in accordance with the provisions of Article (14) of the Trade Names Law, which shall be competent to investigate the violations of this Law and the decisions issued in its enforcement and may seek the assistance of those whom the committee deems to be experienced, call upon the concerned person and entrust them with providing any evidence or data it requires. Article (26) The concerned parties shall be notified of the decisions of the committee, in writing, and any and each of them may object to that decision before the Minister of Commerce within thirty days from the date of being notified thereof and may appeal against the Decree of the Minister before the Board of Grievances within thirty days from the date of being notified with the same. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه A © Saudi MCI www.mci.gov.sa 1 [Non-Text] وزاره التجاره Ministry of Commerce VISION d-ي 30 الاملاك العربيه السعوديه KINGDOM OF SAUDI ARABIA Article (27) The protection provided for under the provisions of this Law shall cease upon the cancellation of the commercial register of the merchant, whether an individual or a company, whatever the reason of cancellation is. Such protection shall also terminate by the removal of the name from the Commercial Register by a decision of the Minister of Commerce, if it is found that his registration has been made in violation of the provisions of this Law. Article (28) The Board of Grievances shall be competent to adjudicate all cases and disputes arising from the application of this Law. Article (29) These Regulations shall be issued by a Decree of the Minister of Commerce to be published in the Official Gazette and shall come into effect from the date of enforcing the Trade Names Law. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa V [Non-Text] وزاره التجاره Ministry of Commerce VISION d_jj 2-30 demolak denilele KINGDOM OF SAUDI ARABIA Ministerial Decree No. 291, dated 26/02/1421H. Minister of Commerce As authorized, Upon reviewing the Trade Names Law, issued by Royal Decree No. M/15, dated 12/08/1420 H., and the Executive Regulations of the Trade Names Law, issued by Ministerial Decree No. 2015, dated 20/12/1420 H, and Subject to the requirements of public interest, Has decided as follows: First: Amendment of the provision of Article (10) of the Executive Regulations of the Trade Names Law to read as follows: Article (10) This trade name shall be registered thirty days after being announced in the Commercial Register and its owner shall be given, upon registration, a certificate that includes the following data: 1. Registration number. 2. Registration date. 3. The trade name. 4. Name of the owner of the trade name according to the civil register, as well as his place of residence and nationality. If the owner of the name is a company, its name and premises' address shall be mentioned. 5. Type of trade conducted by the merchant under that trade name. 6. Address of the premises in which the merchant conducts his trade under that trade name. Second: This Decree shall be published in the Official Gazette and shall come into effect as of the date of its publication. Minister of Commerce Osama bin Jaafar Faqih Ministerial Decree No. 2198, dated 23/09/1422 H. Minister of Commerce As authorized, Upon reviewing the Trade Names Law, issued by Royal Decree No. M/15, dated 12/08/1420 H.; Executive Regulations of the Trade Names Law, issued by Ministerial Decree No. 2015, dated 20/12/1420 H.; Ministerial Decree No. 291, dated 26/02/1421 H., and The memorandum of His Excellency the Assistant Undersecretary for Legal Affairs, dated 17/09/1422 H., and Subject to the requirements of public interest, +966 11 294 4444 | Riyadh 11162,السابع Kingdom of Saudi Arabia | المملكه العربيه السعوديه A © SaudiMCI www.mci.gov.sa ^ [Non-Text] وزاره التجاره Ministry of Commerce VISION ل.ب 30 الاملك العربيه السعوديه KINGDOM OF SAUDI ARABIA Has decided as follows: First: Keeping the provision of Article (10) of the Executive Regulations of the Trade Names Law as set out in the Executive Regulations thereof, issued by the Ministerial Decree No. 2015, dated 20/12/1420 H. and the cancellation of Decree No. 291, dated 26/02/1421. Article (10) This trade name shall be registered thirty days after being announced in the Commercial Register and its owner shall be given, upon registration, a certificate that includes the following data: 1. Registration number. 2. Registration date. 3. The trade name. 4. Name of the owner of the trade name according to the civil register, as well as his place of residence and nationality. If the owner of the name is a company, its name and premises' address shall be mentioned. 5. Type of trade conducted by the merchant under that trade name. 6. Address of the premises in which the merchant conducts his trade under that trade name. Second: This Decree shall be published in the Official Gazette and shall come into effect as of the date of its publication. Minister of Commerce Osama bin Jaafar Faqih +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa q