Posts in category: Uncategorized

The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:

Procedures and Period for Accepting the Resignation in the Saudi Labor System

1-Accepting the resignation: the resignation is accepted in a case the employer doesn’t respond to it in 30 days. The employer may postpone the resignation acceptance for 60 days, for the work interests, while he provides a justified explanation to the employee before the 30 days period completion.

2-Contract termination: the employment contract is terminated whether by accepting the resignation by the employer or by the passing of 30 days without responding, or by the completion of the postponed period.

3-Withdrawing the resignation: the employee may withdraw his resignation in 7 days from filing it, unless it is actually accepted by the employer.

4-Undertakings at the resignation period: the employment contract shall remain enforceable, and the undertakings of the parties shall remain enforceable through the resignation period.

5-Rights of the employee: the employee deserves all his dues according to the labor system at his contract termination by the resignation.

The Cabinet Decree Number (68) Dated to 17-1-1446H, about Approving the Regulations of Control and Anti-Corruption Authority

The regulations of Control and Antic-Corruption Authority define the public authorities to include ministries, governmental centers, public authorities and public legal independent identities, and any other identity.

The regulations define the following crimes as corruption crimes- for the purposes of applying the regulations:

Bribe crimes

Stealing public money crimes

Misuse of the authority crimes

Any other crimes which is mentioned as a corruption crime according to the regulations

The regulations for the control and anti-corruption authority point out that the authority is related to the king and has a legal identity and financial and administrative independence. Its head office is located Riyadh, and it may establish branches or offices in the KSA when required. The authority performs its work with neutrality and without any influence of any authority, and no one shall interfere in its work.

The system includes the duties of the authority for administrative control on public authorities, to keep fairness and transparency, anti-corruption. Those duties include:

 The required controls to discover administrative violations and corruption crimes, and taking the required actions, according to the related regulating texts

Receiving complaints and reports related to the administrative violations, corruption crimes, and verifying them, and taking the required actions.

Performing the investigations of administrative and financial violations, corruption crimes, and taking the required actions according to the related regulating texts

Performing criminal investigations and control of corruption crimes, and taking the required actions according to the related texts

Follow up retrieving money and revenues resulted from committing corruption crimes with the concerned authorities, and taking the required actions in that regard.

Taking the precautions and preservations for the ones where the evidence of committing the corruption crimes is found, according to the related regulating texts.

According to the system of the control and anti-corruption authority, it may make the financial settlement with the ones who apply for it and committed corruption crimes, who are natural or legal identities, upon the regulations that include sorting the targets of that settlement and the related procedures which are established by the authority and issued by a royal decree.

Summary of Sanctions for Violations according to the Feed Saudi System

Food and Medicine Public Authority announces the draft of violations and sanctions sorting schedule, according to the feed system and its executive rules. The schedule includes in a case of issuing test results without making analysis, the sanction per each test will be up to a million riyals, while in a case of issuing incorrect test results, the sanction will be up to 500,000 riyal per test, and in a case that the tests don’t match the technical regulations requirements, the sanction will be up to 100,000 riyal per test and in a case of performing tests which aren’t stated in licenses, the sanction will be up to 150,000 riyals per test. The draft states that in a case of selling feed where a prohibited addition is used according to the regulations, the sanction shall be 200,000 per product, in a case of falsifying the validity dates of feed, the sanction shall be up to 50,000 riyals per product, in a case of no packaging card is found, while feeds contradict the feed card are sold, the sanction shall be up to 50,000 riyals. In a case of selling feeds or any derivatives which include prohibited, illegal or toxic materials, the sanction shall be one million riyals per product, in a case of selling impure, harmful, or feeds which aren’t valid for animal consumption, the sanction will be up to 500,000 riyals per product, in a case of selling feeds which are prohibited from selling, the sanction will be up to 250,000 riyals per product, and in a case of using water of ice which isn’t valid for animal consumption in manufacturing, transporting or storing feeds, the sanction will be up to 300,000 riyals per product.

Sanction of Tax Evasion in the KSA

1-Financial fines: up to 50% of the difference between the due tax and the paid tax at manipulation of information. The additional fines start from 5% and reaches 25% of the unpaid tax value.

2-Criminal sanctions: up to imprisonment for five years in a case of affirming willful evasion.

3-Assets attachment: the assets of tax payers may be attached to ensure collecting the due of the state.

The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:

State Properties Authority Approves Granting Properties to Non-Profitable Associations and Organizations

The board of the Public Authority of State Properties decreed by decree number (2024-46-Q), dated to 10-02-1446H, corresponding to 14-8-2024, to approve the regulations for allocating state properties to non-profitable sector. To attain that grant by an identity, the following conditions should be met:

• The non-profitable identity shouldn’t have been granted lands, and state property is allocated to it for that purpose. The allocation shall be made according to the requirement assessed by the authority.
• The total area allocated for that identity for that purpose shouldn’t exceed (2.500 square meters). The non-profitable identity shall use a portion of the property, in a condition that it doesn’t exceed 30% of the area allocated for achieving financial sustainability of the identity, according to the allocation decree.
• The deed of property is registered in the name of the state properties authority for the non-profitable sector development center, while it shall define the name of the beneficiary non-profitable identity.

The present regulations aim at achieving effective economic and social objective, which is non-profitable and serves a number of fields, including the medical, educational, social, industrial, cultural, tourist, or technical fields, etc.

Legal Information

Trademark System

In a case of a commercial shop property transfer without its name, the predecessor shall be responsible for the liabilities that precede the shop transfer, unless there is an agreement to add the collective responsibility of successors for those liabilities.

The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:

The Cabinet Approves Investment System

The Official Journal (Um Al Qura) published the updated investment system after approving it from the concerned authority. That system was developed as an integrated system that replaces the foreign investment system issued by the Royal bylaw number (M/1) on 5-1-1421H, to agree with the kingdom vision (2030). It will be enforceable after (180) days from its publishing date. According to the decree, the system will not affect any acquired rights for the investors before its enforcement, including any licenses or incentives given to them, until the completion of the terms defined for those rights. The details of the system are as follows:

The system aims at developing and reinforcing the competitive investment environment in the KSA, contributing in economic development and creating employment opportunities through providing an investment climate that attracts investments, according to the requirements of the related systems, including:

• Facilitating investment stability, ownership of its assets, it termination or dissolution.
• Ensuring and reinforcing the rights of investors
• Ensuring equality of treating both national or foreign investors
• Ensuring transparent, effective and fair procedures for the investor and his investment
• Establishing the principle of competitive neutrality, fairness and equality of opportunities at investment treatments.

 The most important differences between the foreign investment system and the updated investment system, include:

• The definition of the investor in the updated system includes both the national and the foreign investors, compared with the foreign investment system which regulates only the rules for foreign investment.
• The concept of capital becomes more accurate and comprehensive through defining the following points:
• Shares in firms
• Contracting rights
• Fixed and transferable assets
• Intellectual property rights
• The rights granted upon the system of licenses or permits, etc.

The definition of capital doesn’t include the capital of loans, bonds, financial instruments, general and special debt instruments, that means the investments at those tools are out of the updated investment system scope. Also, word (foreign) was deleted, so that the capital includes both national and foreign capital.

• The system permits investors to use alternative dispute resolution, such as arbitration, mediation and settlement.
  .

Most Important Amendments in the Labor System

The cabinet approves critical amendments to a number of labor system articles, for creating more attractive employment environment for the citizens, that contributes in achieving the sustainable development according to the Saudi Vision 2030, and in accordance with the job market strategy and the labor agreements made by the KSA to preserve the rights of all contracted parties, that reinforces the stability of private sector establishments and creates a healthy and secure environment. Those amendments include:

• The following is added to the duties of the employer: the employer shall not do any act that weakens or damages the equality of opportunities or treatment in the job or profession
• Adding a paid leave to the employee in a case of the brother or the sister death.
• Adding the rights of the trainee and the employer and their duties at the training contract.
• Extending the maternity leave for the employed woman to twelve weeks
• The possibility of agreeing on a paid leave instead of the dues for the overtime.
• Defining the mechanism for the contract term and its renewal for the non-Saudi labor, when the contract is void of the term.
• The probation period should be defined in the employment contract, while the total term shall not exceed one hundred and eighty days in all cases.
• Adding the definition of the (resignation and assignment) and adding an article that defines the procedures of the resignation
• Adding a case for employment contract termination, related to the procedures of bankruptcy, that states (issuing a decree or a final judgment from the concerned court for terminating the employee contract at any of the bankruptcy procedures, according to the bankruptcy system)
• Amending the period of termination notification for the undefined term contract to be (30) days in a case that the termination is made by the employee and (60) days in a case of the termination by the employer.

Amendments to the New Anti- Corruption System

According to the anti-corruption and reinforcing transparency efforts made by the KSA, the cabinet approves the new system of Anti-Corruption authority that aims at empowering the authority to practice its authorities with more competence. That reflects the KSA undertaking to develop anti-corruption legislations, and the complete independence “fairness”, which reinforces its role in following up and investigating the individual who commit financial and administrative crimes, while ensuring the retrieval of stolen money and returning it to the state treasury. The new system includes the following critical points:

• In a case that a convicted with a corruption crime escapes outside the kingdom or in a case of his death, the authority- in coordination with the concerned authorities- will work for attaining the investigation evidence and results, if found, for taking the required actions to file a claim at the concerned court for claiming the returning the money that represents the crime subject, withholding it, or returning its value- according to the condition- and returning any revenues resulted from that money. Upon issuing the judgment and acquiring the final form attached with the executive form, the authority shall coordinate with the ministry of justice to take the required actions for the judgment enforcement whether internally or externally according to the execution system, the related international treaties and the reciprocity principle.
• Granting the judiciary capacity and the entire independence to the unit members at the anti-corruption authority. They are governed only by the Islamic law and the related regulations, while no one shall interfere in their work, and they shall not be assigned with duties other than their allocated duties.
• Anti-Corruption Authority shall develop and file those regulations to the king for considering their approval.

According to:

• Regulations for financial disclosure of some categories of state employees.
• Regulations for job oath of some categories of the state employees.
• Regulations for granting rewards to the ones who report corruption cases.

‏.

The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:

The Cabinet Approved the Systems of Products Safety, Specifications and Quality

Those systems aim at developing a framework for the responsibilities of each authority or person at the supply chains for the market products. The system also aims at reinforcing customer safety through preventing the risks related to the products which are sold at the Kingdom’s markets and explaining the methods of treating that risk and the risks related to those products. The rules of the system are applicable on all products, except the products which are related to the Public Authority for Food and Medicine. The system provides effective tools for consumer safety, and it defines the authority which is responsible for any unsecure product in the markets, in addition to activating the control role of the concerned authority with markets, preventing the risks related to the products which are marketed or sold in the markets of the kingdom, also it raises public awareness for the methods of dealing with the risks related to the products.

Approving the Regulations for Providing Real Estate Assessment to the Financial Authorities

The executive director of the Saudi Authority for Approved Residents, Fisal Bin Bander Almandel issued a decree for the regulations of real estate assessment for financial authorities, which shall become enforceable from the date of their publishing in the formal journal for providing the services. The regulations make conditions for registering real estate assessment, that is the approved resident and the establishment should meet all rules and regulations of the profession, and the resident or any professional partner at the assessment establishment should have the authority scholarship certificate at the real estate assessment section. The conditions include the recorded experience hours at the establishment account in the authority electronic systems should not be less than 5 thousand hours of experience at the assessment section, and the members of the authority who join the assessment establishment shouldn’t be less than five members, while the remaining period for the license validity shouldn’t be less than 120 days. The decree includes defining the charges for the real estate services, as the regulation states that upon a decree from the authority executive director- upon a recommendation from the concerned authority- the minimum charges for real estate assessment services for financial authorities shall be defined through Qaym. When the charges are defined, it is should be ensured that the assessment establishment is able to meet all regulating and professional undertakings at the assessment reports issued by Qaym for assessing the real estate assets according to their categories, and according to the international standards which are approved by the authority.

Legal Information

Commercial Record System

No action shall be taken on the commercial name in separation from the action on the commercial shop, while the actions on the shop shall not include its commercial name unless that is agreed in writing. In that case the one who receives the name shall add what indicates to the property transfer. When the successor agree to use the original commercial name without any addition, he shall be responsible for the undertakings of the assignor when they are made upon that name, in a case of the successor’s failure to meet them.