Instructions on Periods of Issuing the Clearance Letter and Executing Requests for Account Transfer and Debt Transfer
No: 43023350 Date(g): 21/10/2021 | Date(h): 15/3/1443 Status: In-Force Translated Document
Based on the authorities vested to SAMA under its law issued by Royal Decree No. M/36 dated 11/4/1442H, the Banking Control Law issued by Royal Decree No. M/5 dated 22/2/1386H, and the Finance Companies Control Law issued by Royal Decree No. M/51 dated 13/8/1433H, and in reference to the timeframes for issuing clearance letters, account transfers, and debt transfers outlined in various related instructions of SAMA
Attached are the instructions on timeframes for issuing clearance letters, account transfers, and debt transfers, which supersede the time-frames specified in various related instructions of SAMA. Exceptions to these instructions include cases subject to judicial decisions and ongoing cases before the competent authorities.
To take note and act accordingly within thirty working days from its date.
Chapter One: Definitions and General Provisions
1. Definitions
The following words and phrases, wherever they appear in these instructions, shall have the meanings set forth below, unless the context requires otherwise:
Central Bank: The Saudi Central Bank.
Instructions: Instructions on timeframes for issuing clearance letters, account transfers, and debt transfers.
Financial Institutions: Banks and finance companies under the supervision and regulation of SAMA.
Banks: Banks licensed to conduct banking activities in accordance with the provisions of the Banking Control Law.
Customer: An individual benefiting from the products or services of financial institutions.
Account Transfer: The process of transferring a customer's account balance from one bank to another, with the closure of the original account.
2. General Provisions
2.1 These instructions aim to specify the timeframes that financial institutions must adhere to when receiving a customer's request for issuing a clearance letter, transferring an account, or transferring debt. This is intended to protect customers, ensure fairness in transactions, and promote competition.
2.2 These instructions do not affect the provisions outlined in related instructions or any subsequent updates, including, but not limited to, the following:
- Banking Consumer Protection Principles as communicated by SAMA Circular No. (341000095960) dated 3/8/1434H.
- Regulations For Consumer Financing as per SAMA Circular No. (351000116619) dated 10/9/1435H.
- SAMA Circular No. (361000083199) dated 11/6/1436H concerning Consumer Financing Buyout.
- Regulations of Issuance and Operating of Credit and Monthly charge Cards as communicated by SAMA Circular No. (361000090389) dated 26/6/1436H.
- Finance Consumer Protection Principles as communicated by SAMA Circular No. (361000110320) dated 14/8/1436 H.
- SAMA Circular No. (39100028242) dated 10/3/1439H regarding the Transfer of the Real Estate Financing Debts.
- SAMA Circular No. (391000086876) dated 9/8/1439H concerning the Transfer of Mortgage Loans.
Chapter Two: Timeframes for Processing Customer Requests
3. Clearance Letter
Financial institutions must process the customer's request for issuing a clearance letter - regardless of its purpose, including salary transfers - provided there are no outstanding financial obligations from the customer, within a timeframe not exceeding one business day from the date of receiving the request. For customers with a credit card and/or monthly debit card, this timeframe extends to seven business days.
4. Account Transfer
Banks must process the customer's request to transfer an account within a timeframe not exceeding one business day from the date of receiving the request.
5. Debt Transfer
5.1 Consumer Finance:
Financial institutions (debt sellers) must process the customer's request to transfer debt by completing the necessary consumer finance debt transfer forms within a timeframe not exceeding one business day from the date of receiving the request.
5.2 Real Estate Finance:
A-Financial institutions (debt sellers) must process the customer's request to transfer real estate financing debt by completing the necessary real estate financing debt transfer forms within a timeframe not exceeding three business days from the date of receiving the request.
B- Financial institutions (debt sellers) must complete the processing of the customer's request within a timeframe not exceeding five business days from the date of receiving the approval of the financing entity (the institution wishing to purchase the debt) for the debt transfer.
Chapter Three: Final Provisions
- Exceptions to these instructions include cases subject to judicial decisions and ongoing cases before the competent authorities.
- Financing entities must take all necessary measures to ensure compliance with the timeframes specified in these instructions. They should utilize technological systems and electronic services to process customer requests, including the issuance and electronic verification of documents.
- The timeframes outlined in these instructions replace those specified in other related SAMA instructions.
- Exceptions to these instructions include cases subject to judicial decisions and ongoing cases before the competent authorities.