2021-03-01

Responding to the Requests of the General Secretariat of the Committees for Resolution of Banking and Financial Disputes and Violations

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 Arabia

Saudi Central Bank

Click to view thumbnail

[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:

  • Banks and financial institutions operating in the Kingdom.
  • Financing companies operating in the Kingdom.

Appendix

Type of Required DocumentSpecified Timeframe
Contracts and agreementsTen working days from the date of request
Documents proving tenant's breach and negligenceTen working days from the date of request
Account statementsSeven working days from the date of request
Documents proving tenant's benefit from the leased propertyTen 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 recordsTen working days from the date of request
Customer's authorized signature documentTen working days from the date of request
Visual recording (CCTV/video)Ten working days from the date of request
Call recordingTen working days from the date of request
Inventory report / Minutes of inventoryTen working days from the date of request
Journal tape / Ledger tapeTen working days from the date of request
Remittance documentsTen working days from the date of request
SWIFT messagesTen working days from the date of request
Documents proving point-of-sale (POS) transactionsTen working days from the date of request
Credit cardholders' objections to transactions on their cardsTen 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 companiesTen 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 documentsTen working days from the date of request
Documents proving the authorized person's account powersSeven working days from the date of request
Copy of the perpetual order (domiciliary)Ten working days from the date of request
Settlement receipt / Discharge documentSeven working days from the date of request
Copy of the checkSeven working days from the date of request
Objection form / Statement of objectionSeven working days from the date of request
Ruling issued in a previous case related to the subject of the current caseSeven working days from the date of request
Email messagesSeven working days from the date of request
Customer's acknowledgment on any matterSeven working days from the date of request
Documents proving beneficiary's request to extend/forfeit guarantee lettersSeven working days from the date of request
Documents related to documentary credits (LCs) approvalSeven working days from the date of request
Documents proving payment of documentary credit amounts to the beneficiarySeven working days from the date of request
Promissory note/order issued by the customerSeven working days from the date of request
Guarantee documentsSeven working days from the date of request
Mortgage/collateral documentsSeven working days from the date of request
Customer's contact addresses at the bankFive working days from the date of request

Type of Required DocumentSpecified Timeframe
Identification of disputed transactionsTen working days from the date of request
Seizure orders issued by the Saudi Central BankSeven working days from the date of request
Valid power of attorney authorizing the agent to litigateThree working days from the date of request
Documents proving account statusSeven 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 formSeven working days from the date of request
Documents proving the customer's concealment of health status at contractingTen working days from the date of request
Various extracts from bank systemsTen working days from the date of request
Assets subject to forgery claimsFifteen working days from the date of request