The Capital Market Law
Art. ThirtyStatus unknownSaudi ArabiaRegulation
Issued by Ministry of Investment (misa.gov.sa)
a) A committee to be known as the “the Committee for the Resolution of
Securities Disputes” shall be established, and shall have jurisdiction over
the disputes, in public and private actions, falling within the provisions of
this Law, its Implementing Regulations, and the regulations, rules and
instructions of the Authority, the Exchange, the Depository Center, and
the Clearing Center. The Committee shall have all necessary powers to
investigate and settle claims, including the power to issue subpoenas to
witnesses, order the production of evidence and documents, issue
decisions, and impose sanctions.
b) The Committee shall consist of one circuit or more, and each circuit shall
consist of three regular members and one substitute member with legal
qualification and expertise in commercial, financial, and Securities
disputes. The head and members of each circuit shall be appointed by a
Royal Order for a three-year renewable term. Upon the lapse of such term
with no restructuring of the members or renewal of their term, they shall
continue to perform their work until a Royal Order is issued in this respect.
c) The members of the Committee must not have a financial or commercial
interest, whether directly or indirectly, with the parties of the claim
considered before the Committee, and must have no familial relationship
to the fourth degree with such parties.
d) The Committee shall commence consideration of the claim within a
period not exceeding fourteen days from the date of filing the claim with
the Committee.
e) The Committee’s jurisdiction shall include claims against decisions and
actions taken by the Authority, the Exchange, the Depository Center or
the Clearing Center, and the Committee shall have the right to issue a
decision awarding damages and request to revert to the original status, or
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issue another decision that is appropriate and would guarantee the rights
of the aggrieved.
f) The regulations and rules of the Authority shall specify the procedures
that the Committee shall follow regarding the claims presented to it, and
the rules for class-action claims in Securities disputes.
g) No statement of claim may be filed with the Committee without filing a
complaint first with the Authority and a (90) day period has passed from
its filing date, unless the Authority notifies the claimant that he may file
the claim with the Committee before the end of this period. The Authority
may define exceptions to the provisions of this paragraph as it deems
appropriate to achieve market safety and investors protection.
h) The Committee’s decisions may be appealed before the Appeal
Committee within thirty days from their notification date.
i) A Committee known as “the Appeal Committee for Securities Disputes”
shall be established. It shall consist of one circuit or more, and each circuit
shall consist of three regular members and one substitute member with
legal qualification and expertise in commercial, financial, and Securities
disputes. The head and members of each circuit shall be appointed by a
Royal Order for a three-year renewable term. Upon the lapse of such term
with no restructuring of the members or renewal of their term, they shall
continue to perform their work until a Royal Order is issued in this respect.
The members of the Appeal Committee must not have a financial or
commercial interest, whether directly or indirectly, with the parties of the
claim being considered before them, and must have no familial
relationship to the fourth degree with such parties. The Appeal
Committee shall have jurisdiction of considering objections on the
decisions of the Committee for the Resolution of Securities Disputes
based on the information provided for in the claim’s file. The decisions of
the Appeal Committee shall be final.
j) At the request of the Authority, the Exchange, the Depository Center or
the Clearing Center, final decisions shall be enforced through the
government agency responsible for the enforcement of judicial
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judgments. Decisions issued in favor of the parties pursuant to Articles 55,
56 and 57 of Chapter 10 of this Law shall be enforced by such parties in
accordance with the procedure for enforcement of judicial judgment in
civil proceedings.
k) Evidence in Securities cases shall be admissible in all forms including
electronic or computer data, telephone recordings, facsimile messages
and electronic mail.
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Chapter Five:
Brokers and Members Regulation
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The Arabic text is the legally binding version. The English translation is provided for guidance only.
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