2021-03-01
The Saudi Central Bank issued this circular requiring all domestic banks and financing companies to promptly respond to case preparation requests from the General Secretariat of Banking and Financial Disputes and Violations Committees within specified statutory timeframes. Institutions must adhere to the attached schedule of deadlines, which range from three to ten working days depending on the document type, and must immediately notify the Secretariat with a justification if compliance is not possible, while providing requested items within thirty days of the initial request. Failure to comply will trigger necessary statutory enforcement measures by the Bank, ensuring expedited judicial proceedings and reduced litigation duration.
[Saudi Central Bank Logo] Saudi Central Bank Saudi Central Bank
Circular
Number: 42048729 Date: 1442/07/13 Attachments: 2 pages
To: Respected,
Peace, mercy and blessings of God be upon you,
Subject: Responding to the Requests of the General Secretariat of the Committees for Resolution of Banking and Financial Disputes and Violations.
In continuation of the Saudi Central Bank instructions communicated via Circular No. (2307/41) dated 1439/09/09 AH, which emphasize the prompt response to judicial authorities in cases brought before them, compliance with responding to their requests within specified statutory deadlines, and the obligation to receive judicial rulings and decisions and implement them as soon as possible. And based on the duties assigned to the General Secretariat of the Banking and Financial Disputes and Violations Committees under the rules of procedure for the Banking Disputes Committee, the Appellate Committee for Banking Violations and Disputes, the rules of procedure for the Financial Violations and Disputes Resolution Committee, and the Appellate Committee for Resolving Financial Violations and Disputes, issued by Royal Order No. (713) dated 1438/01/04 AH, which include the General Secretariat's preparation of cases.
Whereas case preparation aims to ensure that the parties to a case have submitted their defenses and reply memoranda, including supporting documents, before the first session convenes, allowing the court to study them and form its conviction, which positively impacts case adjudication and contributes to reducing litigation duration through judicial departments issuing their decisions within a short period.
Accordingly, the Saudi Central Bank confirms that all banks and financing companies operating in the Kingdom must respond to the General Secretariat's requests for case preparation, and adhere to the timeframes indicated in the attached table. In case of inability to comply with the specified deadlines, an immediate response to the Secretariat is required to clarify the reason for non-compliance within the specified period, along with specifying the timeframe for providing the requested items, which must not exceed (30) days from the date of the General Secretariat's request.
For information and action as of its date, noting that the Saudi Central Bank will take the necessary statutory measures in case of non-compliance.
Yours sincerely,
Fahd bin Ibrahim Al-Shathri Deputy Governor for Supervision
Distribution Scope:
| Type of Required Document | Specified Timeframe |
|---|---|
| Contracts and agreements | Ten working days from the date of request |
| Documents proving tenant's breach and negligence | Ten working days from the date of request |
| Account statements | Seven working days from the date of request |
| Documents proving tenant's benefit from the leased property | Ten working days from the date of request |
| Documents proving the condition of the leased vehicle (destruction/loss) | Ten working days from the date of request |
| Trust fund increment records | Ten working days from the date of request |
| Customer's authorized signature document | Ten working days from the date of request |
| Visual recording (CCTV/video) | Ten working days from the date of request |
| Call recording | Ten working days from the date of request |
| Inventory report / Minutes of inventory | Ten working days from the date of request |
| Journal tape / Ledger tape | Ten working days from the date of request |
| Remittance documents | Ten working days from the date of request |
| SWIFT messages | Ten working days from the date of request |
| Documents proving point-of-sale (POS) transactions | Ten working days from the date of request |
| Credit cardholders' objections to transactions on their cards | Ten working days from the date of request |
| Responses from credit card companies (Visa/Mastercard) | Ten working days from the date of request |
| Documents proving payments to credit card companies | Ten working days from the date of request |
| Documents proving customer's receipt (credit card/account statements/checkbooks, etc.) | Ten working days from the date of request |
| Account authorization documents | Ten working days from the date of request |
| Documents proving the authorized person's account powers | Seven working days from the date of request |
| Copy of the perpetual order (domiciliary) | Ten working days from the date of request |
| Settlement receipt / Discharge document | Seven working days from the date of request |
| Copy of the check | Seven working days from the date of request |
| Objection form / Statement of objection | Seven working days from the date of request |
| Ruling issued in a previous case related to the subject of the current case | Seven working days from the date of request |
| Email messages | Seven working days from the date of request |
| Customer's acknowledgment on any matter | Seven working days from the date of request |
| Documents proving beneficiary's request to extend/forfeit guarantee letters | Seven working days from the date of request |
| Documents related to documentary credits (LCs) approval | Seven working days from the date of request |
| Documents proving payment of documentary credit amounts to the beneficiary | Seven working days from the date of request |
| Promissory note/order issued by the customer | Seven working days from the date of request |
| Guarantee documents | Seven working days from the date of request |
| Mortgage/collateral documents | Seven working days from the date of request |
| Customer's contact addresses at the bank | Five working days from the date of request |
| Type of Required Document | Specified Timeframe |
|---|---|
| Identification of disputed transactions | Ten working days from the date of request |
| Seizure orders issued by the Saudi Central Bank | Seven working days from the date of request |
| Valid power of attorney authorizing the agent to litigate | Three working days from the date of request |
| Documents proving account status | Seven working days from the date of request |
| Documents proving remittance cancellation request (time and date) | Seven working days from the date of request |
| Medical questionnaire / Health survey form | Seven working days from the date of request |
| Documents proving the customer's concealment of health status at contracting | Ten working days from the date of request |
| Various extracts from bank systems | Ten working days from the date of request |
| Assets subject to forgery claims | Fifteen working days from the date of request |