Companies Law
Art. 135Status unknownSaudi ArabiaRegulation
Issued by Ministry of Investment (misa.gov.sa)
1. If the decision to decrease the capital is because it exceeds the company’s
needs, the creditors shall be invited to submit their objections to the
decrease, if any, at least 45 days prior to the date set for the extraordinary
general assembly meeting to decide on the decrease. The invitation shall
include a statement indicating the amount of capital prior to and after the
decrease, the date of the meeting, and the date the decrease becomes
effective. If a creditor objects to the decrease and submits supporting
documents to the company within the specified period, the company shall
pay the debt owed to him if it is due or provide him with a sufficient guarantee
if it is not due. If a creditor notifies the company of his objection to the
decrease and the company fails to pay his due debt or to provide him with a
sufficient guarantee if his debt is not due, he may petition the competent
judicial authority prior to the date set for deciding on the decrease in the
extraordinary general assembly meeting. The competent judicial authority
Companies Law
may, in such case, order the payment of the debt, the provision of a sufficient
guarantee, or the adjournment of the extraordinary general assembly
meeting, as the case may be.
2. Capital decrease shall not be invoked against a creditor who has submitted
his application on the date stipulated in paragraph (1) of this Article, unless
his due debt is paid or he is provided with a sufficient guarantee for undue
amounts.
The Arabic text is the legally binding version. The English translation is provided for guidance only.
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