Decree

Arabic

Issued by Royal Court Circular 59641

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Article 1

The presence of a person watching them who is of discernment is considered a form of the lack of khilwa between spouses in accordance with the provisions of article 7 of the law is

Article 2

A marriage contract between a non-Muslim man and a non-Muslim woman, whether the nationalities of the two parties are the same or different, must be attested in accordance with the provisions of the Attestation Law.

Article 3

1․ Without prejudice to the relevant legal provisions, permission to marry those under the age of 18 years—in accordance with article 9 of the law—is subject to the following:

(a) A request for permission to marry must be submitted by the boy or the girl (those wishing to marry), their legal guardian, or the mother of either of them.

(b) The consent of those wishing to marry by their explicit declaration before the court, and the opinion of the mother on the matter must also be heard. If it is not possible to hear her opinion, the court shall decide accordingly and permit the marriage.

(c) Those wishing to marry must have reached puberty and are physically and mentally mature, and that marriage does not pose a risk to them, by virtue of the following:

‏- A medical report.

‏- Two reports: Psychological and social. A judge may suffice with one of them if the report includes clarification on the extent of psychological and social compatibility of those wishing to marry.

2․ The provisions of paragraph 1 of this article apply to the marriage of a Saudi male to a non-Saudi female and a Saudi female to a non-Saudi male if the contract is made within the Kingdom.

Article 4

If both parties are not proficient in Arabic, the wording is considered clear in the offer and acceptance of the marriage contract if it is clear in their language, and if their languages differ, it is valid in the language that both of them are proficient in if it is clear in it.

Article 5

If the marriage contract is made by digital means, the offer and acceptance of the contract are considered legally to have occurred in one session, and the Ministry of Justice shall set the necessary procedures and controls in this regard.

Article 6

The court shall verify the inability of a guardian to attend the marriage or the inability to notify him through the competent entity, in accordance with the notification procedures established by law.

Article 7

The court may delegate an authorized person—in accordance with the legal provisions—to conduct a marriage contract for a woman whose father is unknown, provided that the contract explicitly states that he is assigned to have the woman married.

Article 8

Without prejudice to the provisions of article 17(1) of the law, if the request of the woman for marriage is based on her being severed from her guardians, due to the absence, loss, or death of the guardian, the request must be considered final and proven by evidence if any, otherwise, one of the cases of severance must be verified by any means of proof or in writing to the competent entity in accordance with the law.

Article 9

If a woman appoints a guardian in accordance with article 17(2) of the law, the marriage contract must include proof of this.

Article 10

If the person authorized delegated in accordance with the provisions of article 20 of the law, it must be explicitly stated that he is assigned to have the woman married.

Article 11

In order to implement article 20 of the law, the following are considered to be an interested party: A relative of adhal woman and the Ministry of Human Resources and Social Development.

Article 12

Proof of adhal does not require the presence of a person who has made an engagement proposal nor his attendance if he is present.

Article 13

If adhal has been proven for a adhal woman in accordance with article 20 of the law and the reason for adhal is not specific to her, then this applies to the rest of the women under the guardianship of the adhal guardian if one of them requests this and the request must be considered final.

Article 14

A ruling proving adhal does not prevent the adhal guardian from conducting the marriage contract if the adhal woman agrees to this.

Article 15

The court shall take into account the opinion of the adhal woman when transferring the guardianship of her marriage to any of the guardians.

Article 16

The effects of the marriage contract mentioned in article 34 of the law arise if it is without the consent of the guardian, without witnesses, or is a marriage of a Hajj or Umrah muhrim, and it may be attested after correcting it as prescribed by the law.

Article 17

The dowry stated in the contract is the dowry agreed upon, unless the spouses agree otherwise.

Article 18

The determination of the dowry of a woman must be based on the dowry of her female relatives from both her paternal and maternal sides.

Article 19

A custodian is not entitled to housing expenses for a child in custody if either of them resides in a residence owned by or allocated to him, or if the custodian resides as a dependant of someone else. The foregoing must take into account the interest of the child in custody.

Article 20

A custodian is not entitled to claim housing rent if the person obligated to pay maintenance provides suitable housing for the child in custody.

Article 21

In accordance with articles 49 and 50 of the law, if interim maintenance is ruled for the person entitled to it and there is a lawsuit for permanent maintenance, then the following must be taken into account:

1․ If the ruling is in favor of the wife, the court shall, when ruling on permanent maintenance, take into account the interim maintenance it has ruled, whether an increase or decrease, provided that the husband or wife claims this, as the case may be.

2․ If the ruling is in favor of the children or parents, the permanent maintenance must be calculated from the date of ruling it, without taking into account the interim maintenance that it ruled.

Article 22

In accordance with article 58 of the law, if a married daughter is not entitled to maintenance from her husband in accordance with article 51 of the law, the maintenance of the father or of the person who is obligated to pay maintenance to her must continue.

Article 23

If a ruling is issued to provide maintenance to a child in custody, the ruling must include delivering it to the custodian without specifying him, and the subsequent custodian replaces the preceding custodian in receiving maintenance.

Article 24

For the purposes of applying article 58(2) of the law, a son is not considered capable of earning a living unless he has completed 18 years of age, provided that this does not conflict with completing his education with ordinary success.

Article 25

The following are among the exceptional circumstances mentioned in article 70 of the law:

1․ Suspected newborn switching in hospitals.

2‏. Unidentified persons in accidents or disasters.

Article 26

The right of a wife to claim the annulment of a marriage contract due to a defect in the husband that prevents marital relations is not forfeited merely because she remained silent about the claim.

Article 27

Testimony by istifadha based on the reputation of the life of the spouses together is one of the means of proving the occurrence of harm in order to annul the marriage contract, but such testimony is not admissible to deny harm.

Article 28

The court may—after completion of the relevant legal procedures—annul the marriage if the wife claims this because she fears that the marital rights will not be fulfilled and that the husband will refuse to divorce her or perform a khula, provided that she returns the dowry she received.

Article 29

Taking into account articles 110 and 111 of the law, mediators shall comply with the following:

1․ That they request the presence of both spouses or one of them.

2․ That the report includes the statements of the spouses and those whose testimony was heard.

Article 30

Based on articles 42, 110, and 111 of the law, if the mediators are unable to reconcile between the spouses in case of discord, they shall recommend any of the following:

1‏. Separating them without compensation, if all the causes of discord are from the husband.

2․ Separating them for the full dowry received, if all the causes of discord are from the wife.

3․ Separating them based on compensation proportional to the extent of discord caused by each of them.

4․ Separating them for half the dowry, if the cause of discord is not identified.

In all cases, the duration of the marital relation must be taken into account.

Article 31

The court may, after reading the report of the mediators, decide any of the following:

1‏. Adopting the opinion of the mediators.

2‏. Annulling the marriage contract and determining the compensation it deems appropriate.

In all cases, the marriage contract must not be annulled for compensation received by the wife except with her consent.

Article 32

Taking into account articles 124 and 138 of the law, the custodian is responsible for the interests of the child in custody, and may carry out the following in particular:

1․ Following up on matters related to the child in custody with public and private entities and completing the necessary procedures, including accessing the digital applications and platforms of the child in custody for this purpose.

2‏. Receiving the support and payment disbursed to the child in custody from public and private entities.

3․ Keeping copies of the supporting records and documents relating to the ward, or any of their originals if necessary.

Article 33

Taking into account article 125 of the law, if a child in custody is under the age of two years, his custody must be to the mother even if she marries a man who is a stranger to him.

Article 34

For the purposes of applying the provisions of article 126 of the law, a stranger means someone who is not a relative in accordance with the provisions of article 224 of the law.

Article 35

A father or a mother shall take custody in accordance with the provisions of article 131 of the law based on a lawsuit filed by either of them or by any of the relevant entities.

Article 36

A custodian is not entitled to payment for custody unless the court appoints him in accordance with the provisions of article 132 of the law.

Article 37

Without prejudice to the provisions of the law, when determining who must take a child in custody and return him for visitation and accompanying, the following must be taken into account: The interest of the child in custody, his place of residence, and the circumstances of the parties to the dispute.

Article 38

1․ The Ministry of Justice shall—in coordination with the relevant entities—prepare forms and procedures for claims for assessment of maintenance, custody, and visitation, and this must be approved by the court.

2․ If separation occurs between spouses in accordance with the provisions of article 76 of the law, then either of them may—depending on the circumstances—submit an application for custody, visitation, or child support electronically, and a document must be issued regarding the application in accordance with the forms and procedures stipulated in paragraph 1 of this article, and it is considered an enforcement document after its approval by the court. The provisions of this paragraph apply to any application regarding custody, visitation, or child support before the separation occurs.

3․ ‏Any interested party may object to the provisions in the document referred to in paragraph 2 of this article by filing a lawsuit with the court, and the court may order a stay of execution if there is a fear that harm may occur.

Article 39

When determining a similar entity mentioned in article 185 of the law, it must be taken into account that it achieves the purpose of the testator as much as possible. In all cases, it is not permitted to transfer the bequest disbursement except in accordance with the legal provisions.

Article 40

Without prejudice to the relevant legal provisions, the competent entities supervising the registration of property shall inform any of the heirs—upon their request‏—with the following:

1․ The rights of their testator and his fixed and movable property.

2‏. Providing him with a copy of the statements relating to the property of their testator that were made after the date of his death.

Article 41

The regulation must be published in the official gazette, and comes into force from the date of its publication.

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Published in Umm Al-Qura 5072 issued on 21 February 2025.

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Issued by …

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Published in Umm Al-Qura 5088 issued on 24 May 2025.

Arabic

Issued by Ministry of Commerce: Decision 235

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Article 1
Definitions

1․ Words and phrases provided in these rules have the meanings assigned to each of them in article 1 of the Company Law issued by Royal Decree D/132 dated 1 Dhu Al-Hijja 1443 [30 June 2022].

2․ The following words and phrases—wherever they appear in these rules—have the meanings assigned to each of them, unless the context requires otherwise:

Rules: The Rules of the Ultimate Beneficial Owner.

Ultimate Beneficial Owner Register: An electronic database in which the details of a company and the ultimate beneficial owner are recorded.

Article 2
Objectives

The rules aim to achieve the following:

1․ Raising the standard of corporate transparency in line with international requirements.

2․ Creating a database to record and retain the details of the ultimate beneficial owner.

Article 3
Scope of Application

The rules apply to companies subject to the provisions of the law, with the exception of joint-stock companies listed on the financial market.

Article 4
Criteria for Identifying the Ultimate Beneficial Owner

1․ Every natural person is deemed an ultimate beneficial owner of a company if any of the following is achieved:

(a) Owns at least 25% of the capital of the company directly or indirectly.

(b) Controls at least 25% of the voting rights in the company directly or indirectly.

(c) Has the right to appoint the manager, the majority of the members of the board of directors, or the chairman of the company, or has the right to dismiss the manager, the majority of the members of the board of directors, or the chairman directly or indirectly.

(d) Has the ability to influence the business or decisions of the company directly or indirectly.

(e) Is a legal representative of a legal personality to which any of the criteria stipulated in clauses (a), (b), (c), and (d) of this paragraph applies.

2․ If none of the criteria stipulated in paragraph 1 of this article are achieved, the manager of the company, the member of its board of directors, or its chairman—as the case may be—is deemed the ultimate beneficial owner.

Article 5
Company Obligations

1․ The founders shall, when applying to establish a company, disclose the details of the ultimate beneficial owner.

2․ Companies existing at the time of the entry of force of the rules shall disclose the details of the ultimate beneficial owner to the ministry within a period ending with the due date of the annual confirmation—referred to in paragraph 4(d) of this article—in the first year of the entry into force of the rules.

3․ If the company is exempt from the requirement to disclose the details of the ultimate beneficial owner on the basis of article 6 of the rules, the founders or the company—as the case may be—shall submit evidence of this to the ministry.

4․ The company shall:

(a) Take reasonable procedures and measures to identify the ultimate beneficial owner from the company and obtain his details and their supporting documents, as well as any change or modification made to them or to the criteria for achieving the ultimate beneficial owner identification.

(b) Prepare a special register for recording the details of the ultimate beneficial owner stipulated in article 8(2) of the rules and the supporting documents of the disclosed details as well as any change or modification made to them, and it must be kept in the Kingdom.

(c) Submit to the ministry an application to update the disclosed details, with the reasons, within 15 days from the date of any change or modification to them.

(d) Submit annually to the ministry a confirmation of the disclosed details. The due date for the confirmation is on the completion of every year from the date of registering the company in the Commercial Register. It is permitted to provide this confirmation before 30 days from the date specified for submitting it.

Article 6
Exemption of Disclosure Requirement

1․ The following companies are exempt from the requirement to disclose the details of the ultimate beneficial owner:

(a) A company whose capital is wholly owned by the state or any of its legal entities, whether directly or indirectly.

(b) A company subject to any liquidation procedures by virtue of the Law of Bankruptcy issued by Royal Decree D/50 dated 28 Jumada Al-Awwal 1439 [14 February 2018].

2․ It is permitted to make an exemption from the requirement to disclose the details of the ultimate beneficial owner by a decision by the minister.

Article 7
Procedures and Measures

1․ The ministry may request from the company or its founders—as the case may be—to disclose any details relating to the ultimate beneficial owner, and it has the right to access supporting documents of the disclosed details. The company or its founders shall provide the ministry with this within 15 days of the date of this request.

2․ The ministry shall notify—electronically through mobile phones or email—every person whose details are disclosed in the Ultimate Beneficial Owner Register and of any update made to them. The notification must include the name of the company, its commercial registration number, and the criteria and date for verifying the identification of the ultimate beneficial owner.

3․ The ministry shall prepare a manual regarding the procedures and measures that companies must take to identify the ultimate beneficial owner and to obtain and disclose his details to the ministry.

Article 8
Ultimate Beneficial Owner Register

1․ The ministry shall establish the Ultimate Beneficial Owner Register, and it must include the details of the company that are recorded in the Commercial Register, the details of the ultimate beneficial owner, and the grounds and dates for updating them.

2․ The Ultimate Beneficial Owner Register must include at least the following:

(a) The name and details of the national ID card, or the resident ID card or passport for non-Saudis.

(b) The national address or the residence address.

(c) The mobile phone number, and email address if found.

(d) The criteria and date for achieving the ultimate beneficial owner identification, in accordance with article 4 of the rules.

Article 9
Retention of Ultimate Beneficial Owner Details

The ministry shall retain the details of the ultimate beneficial owner for a period of five years from the occurrence of any of the following:

(a) Loss of the status of the ultimate beneficial owner.

(b) Removal of the registration of the company in the Commercial Register.

Article 10
Confidentiality of the Ultimate Beneficial Owner Register

The ministry shall take the necessary measures to ensure the confidentiality of the Ultimate Beneficial Owner Register, and it may make it accessible to supervisory entities and competent authorities in accordance with relevant laws.

Article 11
Punishments for Violations

The punishment stipulated in article 262 of the law, as well as article 264 of the law, must be imposed against a company that does not abide by any of the following:

(a) Disclosing the details of the ultimate beneficial owner.

(b) Updating the disclosed details within the prescribed period.

(c) Submitting the annual confirmation within the prescribed period.

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Published in Umm Al-Qura 5072 issued on 21 February 2025.