Book traversal links for الفصل الثاني: تعليمات تعامل جهات التمويل مع السند لأمر
Chapter Two: Instructions for Handling Promissory Notes by Financing Entities
No: 43076917 | Date(g): 5/4/2022 | Date(h): 4/9/1443 | Status: In-Force |
Translated Document
Effective from Jul 01 2022 - Jun 30 2022
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3. The financing entity must establish a policy approved by the Board of Directors for handling promissory notes, which must include, at a minimum, the following:
3.1. Procedures to be followed before initiating enforcement actions on a promissory note
A. Identifying the department responsible for communicating with the defaulting client, without prejudicing the communication mechanisms outlined in the related SAMA instructions.
B. Designating the authorized individual responsible for approving the initiation of enforcement actions on the promissory note before the competent court.
3.2. Procedures to be followed when initiating enforcement actions on a promissory note
a. Identifying the necessary documents for enforcing a promissory note, which must include, at a minimum: (the financing contract under which the promissory note was issued, the promissory note due for payment, evidence of the client's default, and proof of communication with the defaulting client).
b. Designating the department responsible for carrying out the enforcement procedures on the promissory note before the competent court.
c. If enforcement tasks are assigned to a third party, the financing entity must adhere to the related SAMA instructions.
d. Identifying the department responsible for coordinating with the third party regarding the enforcement of the promissory note and ensuring their compliance with relevant laws, regulations, and instructions.
e. Limiting the claim under the promissory note to the amount due from the defaulting client according to the relationship documents and account statements when filing for enforcement before the competent court.
3.3. Procedures to be followed upon the completion of the purpose of the promissory note:
a. The authorized individual must directly endorse the promissory note to indicate that its value has been settled, for the purpose of returning it to the client.
b. The responsible department must directly contact the client through a documented communication method to return the promissory note.
c. The promissory note should be returned to the client either in person at the financing entity’s office or by sending it to the client's national address upon request. The costs of sending the note may be charged to the client if delivery is requested, with the client’s request being documented.
d. If the client does not respond or cannot be reached to receive the completed promissory note, the financing entity should endorse the note to indicate that the client has settled its value and keep it in the client’s file. Additionally, the entity must attach proof of communication attempts with the client without response and ensure that the note is returned to the client upon request.
e. In the case of renewing the relationship with the client or modifying the loan or facility, the financing entity must return the original promissory note or notes related to the renewed or modified contract to the client and obtain a new promissory note or notes in light of the new relationship.