Book traversal links for إجراءات تنفيذ القرارات القضائية الصادرة ضد عملاء شركات خدمات المدفوعات
The Procedures for Enforcing Judicial Decisions Issued Against Customers of Payment Service Companies
Date(g): 24/3/2022 | Date(h): 21/8/1443 | Status: In-Force |
Translated Document
Based on the powers vested in SAMA to supervise and oversee financial institutions under the Saudi Central Bank Law issued by Royal Decree No. (M/36) dated 11/04/1442 H, and referring to Articles (21) and (46) of the Enforcement Law issued by Royal Decree No. (M/53) dated 13/08/1433 H, as well as other relevant regulations.
SAMA emphasizes that payment service companies must comply with the implementation of judicial decisions issued against clients, as communicated to them through the banks they deal with from each company. SAMA also reiterates the following instructions:
- The company, upon receiving a ban order, is obliged to suspend the customer's electronic wallet and prevent them from managing it or conducting any debit transactions. The company must also not allow the customer to establish any new relationships.
- The ban orders apply in the case of a customer being a natural person (citizen or resident) or a juristic person (institution or company).
- The ban shall be imposed in respect of the customer’s funds and in his/her personal capacity only, and shall not include the fact that the customer is a guardian, curator, legal agent or a person authorized to manage accounts not opened in his/her name.
- The company is obligated to verify that the type and number of the customer's identification, or their personal information or commercial registration record, matches the data recorded with the company in relation to the judicial order issued against them.
- The company is obligated to allow customers access to amounts excluded from attachment, (salaries and related allowances, bonuses, etc. are excluded from attachment at a rate of 67% of the total salary, and 75% of the total pension).
- The company is obligated to maintain the confidentiality of data and information, and not to acquire, publish, or allow access to such data and information by any person for any reason. The only exception is if the inquirer is the customer themselves or their legal representative, provided that the validity of the representation is verified.
- The company is obligated to cancel all actions related to the ban order upon receiving a request to lift the transaction ban.
Accordingly, SAMA emphasizes on payment service companies the importance of taking the necessary measures and means to implement the above, as well as providing the human and technical resources to execute judicial decisions during official working hours.