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The Procedures for Enforcing Judicial Decisions Issued Against Clients of Payment Service Companies

Date(g): 24/3/2022 | Date(h): 21/8/1443 Status: In-Force

Translated Document

Effective from 2022-03-24 - Mar 23 2022
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Based on the powers vested to 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:

  1. The company, upon receiving a prohibition order, is obliged to suspend the client's electronic wallet and prevent them from managing it or conducting any debit transactions. The company must also not allow the client to establish any new relationships.
  2. Prohibition orders apply in the case of a client being a natural person (citizen or resident) or a legal entity (institution or company).
  3. The prohibition is limited to the client's funds and personal status only, and does not include cases where the client acts as a guardian, custodian, agent, or authorized representative for managing portfolios not registered in their name
  4. The company is obligated to verify that the type and number of the client'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.
  5. The company is obligated to allow clients access to amounts exempt from seizure, (specifically excluding wages and related allowances and bonuses, with 67% of the total salary and 75% of the total pension being exempt from seizure).
  6. 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 client themselves or their legal representative, provided that the validity of the representation is verified.
  7. The company is obligated to cancel all measures related to the prohibition order upon receiving a request to lift the ban on transactions.

 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.