SAUDI ARABIA Law and Practice Contributed by: Omar Alrasheed, Ghaleb Alqahtany, Muaath Al-Marashi and Hussam Al-Ghamdi, Omar Alrasheed Law Firm
Omar Alrasheed Law Firm 2nd Floor (Back Entrance) Al Olaya Riyadh 11372 Saudi Arabia Tel: +966 11 464 6777 Email: enquiries@alrasheedlaw.com Web: alrasheedlaw.com
1. Identifying Assets in the Jurisdiction 1.1 Options to Identify Another Party’s Asset Position Under Saudi law, a person can view some information related to another party’s assets. This information is generally provided through public registers, for exam - ple, the Unified Registry on Movable Assets, as well as Aamaly Magazine, each of which provides information on companies’ articles of association and any amend - ments to them, including shareholders’ information and percentage of ownership. This informal method is helpful at getting a general sense of another party’s assets; however, detailed information regarding a par - ty’s assets, including real estate, registered vehicles, etc, can only be provided based on a court order. Under the Saudi Enforcement Law (Article 46), if a debtor fails to comply or disclose any property that is sufficient to the debt owed within five days from the date of notification, the enforcement court will order: • full disclosure of current property and any future property that would come into the debtor’s owner - ship; • full disclosure of the debtor’s commercial and pro - fessional records; • the freezing of the debtor’s bank accounts, invest - ment accounts and portfolios; and • the banning of the debtor from issuing powers of attorney or delegating power to act to others with respect to the debtor’s property. Furthermore, the enforcement court may order full disclosure of the debtor’s spouse, children, siblings,
relatives and/or others to whom evidence shows the debtor’s property was transferred.
2. Domestic Judgments 2.1 Types of Domestic Judgments
Under Saudi law, primarily its Law of Civil Procedures, court judgments are categorised into several types. The different types of domestic judgments include the following. Substantive Judgments Substantive judgments are where the courts deter - mine and decide the substantive matters in disputes, for instance, parties’ rights, duties, liabilities and obli - gations. Final Judgments Final judgments are judgments that become legally binding and enforceable, either: • because the case decided falls under the small claims category, under which a trial court’s ruling is final and not subject to appeal; or • because of the expiration of the appeal period; or • due to the affirmation of trial court’s ruling by the appellate court. Declaratory Judgments Declaratory judgments are the court’s ruling upon which a right, state, obligation and/or duty is declared. In declaratory judgments, the ruling does not require specific performance by the parties, for example, cases filed to prove marriage or divorce.
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