Salem Khalaf Al Shammari Advocacy & Notarization · Licence 46813

Frequently Asked Questions

Common questions about working with the office. The answers are general and are not a substitute for reviewing the facts and documents of a specific matter.

285 questions

Most asked12 questions

Topics

Pick the topic closest to your matter. Each one has its own page with every question and answer in full.

  1. Enforcement & debts

  2. Family & estates

  3. Employment

  4. Property & leases

  5. Companies

  6. Commercial litigation

  7. Criminal matters & complaints

  8. Special sectors

  9. Working with the office

Every question

Every question, filed under its topic. Open a topic and choose a question to read its answer.

Enforcement & debts

Enforcement, notes & financing16 questions
  1. Has the new Enforcement Law come into force?
  2. Has the new Enforcement Law abolished detention altogether?
  3. Did old paper promissory notes lose their enforceability as soon as the new law took effect?
  4. What is the difference between an enforcement dispute and a dispute over the debt itself?
  5. Does filing an enforcement dispute, or a claim that the debt is not owed, stop enforcement?
  6. Can a promissory note I signed as security be enforced against me?
  7. Enforcement has been sought against me on a note, but I never received what it was given for. What should I do?
  8. I paid the creditor directly, but the enforcement request is still open. What now?
  9. Can the same debt be collected twice because there are several notes?
  10. Does the guarantor's liability end once the debtor pays?
  11. Does a grace period cancel the debt or close the enforcement request?
  12. Is a grace period renewed automatically while I keep paying instalments?
  13. Does a grace period make it possible to obtain new financing?
  14. Does my dispute with a finance company go to the enforcement court or to the financing disputes committee?
  15. Does a complaint to the Saudi Central Bank stop enforcement?
  16. Am I entitled to compensation if a lender enforces a note I had already paid?

Open the topic page — Enforcement, notes & financing

Old claims & time limits4 questions
  1. Is the time limit for a construction-contract claim five years or ten?
  2. Do the Civil Transactions Law's time limits apply automatically to older contracts?
  3. Does an earlier lawsuit interrupt the limitation period?
  4. If my case was struck out or treated as never filed, have I lost the underlying right?

Open the topic page — Old claims & time limits

Family & estates

Maintenance, visitation & minors' property10 questions
  1. Is child maintenance a fixed sum or a set percentage of the father's salary?
  2. Does maintenance cover housing, schooling and medical care?
  3. Is the custodial parent always entitled to a separate rent allowance?
  4. Must the father pay private-school fees after separation?
  5. Does a loan the father owes cancel the children's maintenance?
  6. Maintenance is paid only after repeated demands. What can I do?
  7. Can court-ordered maintenance be increased?
  8. Can a child's visitation be moved from a visitation centre to a relative's home?
  9. Does a father always need court permission to sell his minor son's property?
  10. My son is 17. Can he sign a power of attorney to sell his property?

Open the topic page — Maintenance, visitation & minors' property

Marriage, divorce, khulʿ & custody23 questions
  1. Does khulʿ require the husband's agreement?
  2. Is ending a marriage without any consideration a khulʿ?
  3. Does khulʿ count as one of the three divorces?
  4. Can child maintenance be waived as the price of a khulʿ?
  5. If the consideration for khulʿ is the dower, must the whole dower be returned?
  6. Can a wife seek dissolution of the marriage if her husband refuses to maintain her?
  7. Can a wife seek dissolution because of mistreatment and harm?
  8. What happens if harm is not proved but the discord between the spouses continues?
  9. Can a wife seek dissolution because the dower was not paid, once the marriage has been consummated?
  10. Can a wife seek dissolution because the dower was not paid before consummation?
  11. Can a marriage be dissolved because the husband broke a condition in the marriage contract?
  12. If a divorce has not been registered, does that mean it never took place?
  13. Can a husband take his wife back after a divorce without a new contract?
  14. Must a husband register taking his wife back?
  15. Does a custodial mother automatically lose custody if she remarries?
  16. Can a child choose whether to live with the father or the mother after turning 15?
  17. When does custody end under Saudi law?
  18. Does a custodian lose custody by moving to another city?
  19. Can a custodian take the child abroad without the other parent's consent?
  20. Can a child's grandparents ask to visit after one of the parents dies?
  21. Can someone under 18 be married without the court's permission?
  22. Can a father force his daughter to marry someone she does not want?
  23. Must there be a suitor before applying to establish ʿaḍl (a guardian blocking a marriage)?

Open the topic page — Marriage, divorce, khulʿ & custody

Estates, inheritance & co-owned property16 questions
  1. Does a wife deemed disobedient (nāshiz) inherit from her husband?
  2. Does a divorced wife inherit if her husband dies during her waiting period (ʿidda)?
  3. Can an estate be distributed before the deceased's debts are paid?
  4. Do debts owed to the deceased form part of his estate?
  5. Is an heirs inventory deed enough to distribute the deceased's assets?
  6. Can one heir ask for a property to be divided even if the other heirs refuse?
  7. Will the judge order a jointly owned property sold at auction just because one co-owner asks?
  8. Can an heir sell his share in a jointly owned property without the other heirs' consent?
  9. If most of the heirs agree on how to manage the property, are the rest bound?
  10. Can a manager be appointed for a jointly owned property when the heirs disagree?
  11. Who pays to maintain a property owned by several heirs?
  12. Can one heir act to protect the property without everyone's agreement?
  13. Can a creditor object to the partition of a jointly owned property?
  14. Can an agreed partition be challenged afterwards for unfairness (ghabn)?
  15. Can the heirs agree to buy out one heir's share for a sum of money?
  16. Can the heirs share the use of a property without selling or dividing it?

Open the topic page — Estates, inheritance & co-owned property

Employment

Employment contracts & Saned27 questions
  1. My employer ended my fixed-term contract six months early. Is two months' pay enough compensation?
  2. Does a restructuring exempt the company from compensating the employee?
  3. Does signing a release stop an employee from claiming his rights?
  4. Do I have to pay a fixed sum if I end my employment contract?
  5. My contract as a non-Saudi worker shows one year, but we agreed on two. Which term applies?
  6. I pressed the button to end my contract on Qiwa by mistake. Can I undo it?
  7. Is six months of service enough to qualify for Saned?
  8. Can I claim Saned if my employer let me go in a restructuring?
  9. My employer recorded the wrong reason for ending my registration. What should I do?
  10. My job has ended but my Qiwa contract is still active. Can I apply for Saned?
  11. Can an employee claim his rights if he has no written contract?
  12. What is the maximum probation period in an employment contract?
  13. Can the same employer put an employee on probation a second time?
  14. Is an employee owed compensation if his contract ends during probation?
  15. Can an employer transfer an employee to another city without his consent?
  16. Can an employee be assigned work that is substantially different from his job?
  17. Is an employee paid if he turns up for work and the employer prevents him from working?
  18. Can an employee ask for an experience certificate when his job ends?
  19. What notice period applies when an indefinite-term employment contract is ended?
  20. Is either party owed compensation if the other ignores the notice period?
  21. Can an employee take time off to look for a job during the notice period?
  22. When can an employee be dismissed for absence without a valid excuse?
  23. Can an employee leave without notice if the employer breaches his obligations?
  24. How is the end-of-service award calculated under the Labor Law?
  25. Is an employee who resigns entitled to the end-of-service award?
  26. When must the employer pay an employee's final dues?
  27. Is a non-compete clause valid if it bars the employee from any future work without limits?

Open the topic page — Employment contracts & Saned

Companies

Companies, sole proprietorships & debts5 questions
  1. What is the difference between claiming against a sole proprietorship and claiming against a company?
  2. Does deleting a commercial registration wipe out earlier debts?
  3. If the owner of an establishment dies, who pays its debts?
  4. I have a claim against a company that has gone into liquidation. What should I do?
  5. The company was struck off without a liquidator. Can I pursue the manager personally?

Open the topic page — Companies, sole proprietorships & debts

Forming companies13 questions
  1. What types of company can be set up in Saudi Arabia?
  2. Can a limited liability company have just one owner?
  3. Is the owner of an LLC personally liable for its debts?
  4. When does a company acquire legal personality?
  5. Who is liable for obligations taken on in the name of a company whose incorporation was never completed?
  6. Is a commercial registration enough to carry on any activity?
  7. Is an agreement between partners outside the memorandum of association binding on them?
  8. Can a family charter govern how the company is run and how shares pass to heirs?
  9. Must a company's memorandum of association be in Arabic?
  10. Can a partner contribute work instead of money?
  11. What happens if a partner fails to pay in their share of the capital?
  12. Does changing a company's name wipe out its existing debts?
  13. Must a company's contracts and receipts state its legal form and capital?

Open the topic page — Forming companies

Running an LLC & partners' rights27 questions
  1. Does the manager of an LLC have to be a partner?
  2. Who represents an LLC in court?
  3. Is a partners' resolution removing the manager enough to stop third parties dealing with them?
  4. What happens if an LLC's only manager resigns or the post falls vacant?
  5. Can a manager be removed if they are named in the memorandum of association?
  6. Can a manager who is also a partner vote on their own removal?
  7. Can minority partners ask the court to remove the manager?
  8. Can a partner holding 10% of the capital call a general assembly?
  9. Can partners meet and vote remotely?
  10. Must the partners meet in person for every resolution?
  11. Is approval by holders of more than half the capital enough to pass partners' resolutions?
  12. Must partners be given advance notice of a general assembly?
  13. Must the manager give partners the financial statements before the annual meeting?
  14. Can a partner have an item added to the general assembly's agenda?
  15. Can a partner question the manager at the general assembly?
  16. Can a partner who is not the manager inspect the company's accounts and records?
  17. May a partner disclose company secrets learned from inspecting its records?
  18. Can resolutions of an LLC's general assembly be challenged?
  19. What is the deadline for suing to annul a partners' resolution?
  20. Can a partner holding 75% of the capital amend the memorandum alone?
  21. Can partners agree to arbitrate company disputes?
  22. Is a partner entitled to profits as soon as the company has revenue?
  23. Can a partner sell their shares to an outsider without first offering them to the other partners?
  24. Do the other partners have a right of pre-emption when shares pass by inheritance?
  25. Can a partner pledge their shares in an LLC?
  26. Can majority partners force the minority to sell when the company is sold?
  27. Does losing half of the capital automatically dissolve an LLC?

Open the topic page — Running an LLC & partners' rights

Directors' liability, audit & liquidation26 questions
  1. What are a company manager's core legal duties?
  2. Can a company manager enter into a contract in which they have a personal interest?
  3. Can a manager set up a business that competes with the company?
  4. What are the consequences if a manager takes a business opportunity that belongs to the company?
  5. Can a manager be sued personally for mistakes in running the company?
  6. Is a board member liable for a decision they opposed?
  7. Can a minority partner bring a liability claim on the company's behalf?
  8. Must management be notified before a partner sues on the company's behalf?
  9. Can a partner sue the manager personally for harm suffered by that partner alone?
  10. Does releasing a manager from liability prevent suing them later?
  11. Can a partner be excluded from all profits or exempted from all losses?
  12. Can partners be made to return profits already distributed to them?
  13. Does every company have to appoint an auditor?
  14. Can minority partners require an auditor even if the company is exempt?
  15. Can an auditor leave material information out of the report on a company's financial statements?
  16. Must a company keep accounting records and file its financial statements?
  17. Can a company be voluntarily dissolved and wound up if its assets cannot cover its debts?
  18. Are partners or managers liable for a company's remaining debts if it was liquidated unlawfully?
  19. Does a company lose its legal personality as soon as it is dissolved?
  20. Does the manager's authority continue after the company ends and before a liquidator is appointed?
  21. Who appoints the liquidator if the partners cannot agree on one?
  22. Can a liquidation run for more than three years?
  23. Can the liquidator bring lawsuits and collect the company's debts?
  24. Can a liquidator start new business in the company's name?
  25. What must a liquidator do on discovering the company's assets will not cover its debts?
  26. Can company funds be paid out to partners before creditors are paid during liquidation?

Open the topic page — Directors' liability, audit & liquidation

Commercial litigation

Lawsuits & hearings4 questions
  1. What is the difference between a claim for termination and a claim for compensation?
  2. Can I ask for time to respond to new documents or defences?
  3. Must the court examine the parties before closing the pleadings?
  4. Can the pleadings be reopened after they have closed?

Open the topic page — Lawsuits & hearings

Commercial courts: jurisdiction, filing & settlement25 questions
  1. Do all disputes between companies go to the commercial court?
  2. Does the commercial court hear a claim between two merchants even if it is under SAR 500,000?
  3. When does the commercial court hear a non-merchant's claim against a merchant over a commercial contract?
  4. Does the commercial court hear a partner's claim to annul a resolution of the partner's company?
  5. Do the commercial courts hear bankruptcy matters?
  6. Where is a liability claim against a company manager filed?
  7. Can a commercial claim be filed in the city where the contract was made instead of the defendant's city?
  8. Can a company be sued in the city of one of its branches?
  9. How is the claim value worked out for commercial-court jurisdiction?
  10. Which small commercial claims cannot be appealed?
  11. Is a SAR 1 million commercial claim necessarily a small claim?
  12. What should I do if the court's registration office refuses my statement of claim because documents are missing?
  13. Can I challenge a decision not to register a commercial claim?
  14. When must the defendant file a defence memorandum in a commercial case?
  15. Can merchants or business partners agree in advance on how their disputes will be litigated?
  16. When must a party rely on an agreement on special pleading procedures?
  17. Is conciliation required before filing some commercial claims?
  18. Does a failed conciliation stop a merchant from suing?
  19. Can the commercial court propose a settlement after the claim is registered?
  20. Can the parties agree to conduct an entire commercial case in English?
  21. Can a party to a commercial case see all the case papers?
  22. Can I ask for some business documents filed in court to be kept confidential?
  23. Can a party be fined for breaching commercial-court procedure or courtroom order?
  24. What happens if a party does not file documents the court asked for by the deadline?
  25. Can a commercial hearing be adjourned more than once for the same reason?

Open the topic page — Commercial courts: jurisdiction, filing & settlement

Urgent applications, orders & commercial judgments16 questions
  1. How long does the commercial court have to decide an urgent application?
  2. Can an urgent application be filed before the main commercial claim?
  3. Must the main claim be filed after obtaining an urgent ruling in a commercial matter?
  4. Can I ask for a precautionary attachment of a company's assets during a commercial dispute?
  5. Can I ask for a judicial receiver over a company or disputed assets?
  6. Can I have the state of a project or construction works recorded before it changes?
  7. Can I ask the court to secure important business documents during a dispute?
  8. Can the court require security when deciding an urgent application?
  9. Does an urgent ruling stay in force once the urgency has passed?
  10. Is a settlement recorded by a commercial judge enforceable?
  11. Does the defendant's absence halt a commercial case after service?
  12. Does valid service on a company count as personal service?
  13. What happens if the claimant misses a commercial-court hearing without an excuse?
  14. Is a party treated as absent if it joins the hearing before it ends?
  15. Within how many days must a copy of a commercial judgment be issued after it is pronounced?
  16. Can commercial judgments only be enforced once they are final?

Open the topic page — Urgent applications, orders & commercial judgments

Commercial appeals & cassation15 questions
  1. What is the deadline for appealing a commercial judgment?
  2. What is the deadline for challenging judgments on jurisdiction and in urgent cases?
  3. Can a ruling that the court lacks jurisdiction be challenged before the case is decided on the merits?
  4. Can merchants agree that the first-instance judgment will be final?
  5. Does filing an appeal suspend enforcement of a judgment that carries provisional enforcement?
  6. Can new documents and defences be filed in a commercial appeal?
  7. Can a new claim that was not in the original case be added on appeal?
  8. Can profits or rent that fell due after the final submissions be claimed on appeal?
  9. Can the respondent file a cross-appeal?
  10. What happens if the appellant misses a commercial appeal hearing?
  11. If the appeal court overturns a ruling that the court lacked jurisdiction, does it decide the merits itself?
  12. Can a commercial appeal judgment be challenged before the Supreme Court?
  13. Does a cassation challenge before the Supreme Court suspend enforcement of a commercial judgment?
  14. Can a petition for reconsideration be filed against a final commercial judgment?
  15. Can the same case be filed again after a final judgment?

Open the topic page — Commercial appeals & cassation

Proving commercial claims14 questions
  1. Are electronic chats evidence in commercial disputes?
  2. Does a bank transfer on its own prove that the money was a loan that must be repaid?
  3. Is a balance confirmation between two companies evidence of a debt?
  4. Can several different commercial claims be combined in one statement of claim?
  5. If the court refuses an application for a payment order, does the creditor lose the right to claim?
  6. How many days does the commercial court take to decide a payment order application?
  7. Does the Evidence Law apply to commercial cases?
  8. Must chats and digital messages be produced in their original form?
  9. Can the opposing company be ordered to produce documents it holds?
  10. Can the other side's commercial books be used to prove a debt?
  11. Is written proof required for a commercial contract worth more than SAR 100,000?
  12. Can the unpaid balance of a large debt be proved by witnesses if it is below SAR 100,000?
  13. Can a commercial transaction that must be proved in writing be proved by witnesses if the creditor has lost his document?
  14. Can commercial custom be relied on to prove an obligation between two companies?

Open the topic page — Proving commercial claims

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