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Do Bankruptcy Proceedings Apply Beyond Saudi Arabia?

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Do Bankruptcy Proceedings Apply Beyond Saudi Arabia?
interrogative article
2 min read

Yes, the proceedings related to bankruptcy apply beyond the borders of the Kingdom of Saudi Arabia, pursuant to the rules dictated by Minister of Commerce Resolution No. (149), issued on December 8, 2022. They apply in many cases, including if a foreign representative or a foreign court requests judicial assistance from the Saudi court, where such assistance relates to bankruptcy proceedings, the application of a bankruptcy proceeding in accordance with the law, or if the debtor was simultaneously subject to bankruptcy proceedings pursuant to the provisions of the law and foreign bankruptcy proceedings. Bankruptcy proceedings also apply upon submitting a request in this respect or upon the intervention of any of the creditors or foreign stakeholders pursuant to the provisions of the law.

Rules of cross-border bankruptcy proceedings include several general principles based upon the promulgated law. These rules do not violate the international conventions to which the Kingdom is a party. Moreover, the Kingdom is entitled to abstain from applying any proceeding in the event that such application would compromise the public order in the country. Finally, these rules do not restrict the country's authority to grant assistance to the foreign representative pursuant to the relevant laws in force in the Kingdom.

After recognition of a foreign main proceeding, a proceeding under the law may be commenced only if the debtor has assets in the Kingdom. The effects of that proceeding are restricted to these assets or to other assets of the debtor that, under the provisions of the law, should be administered in that proceeding.

The foreign representative may apply for court relief to protect the debtor's assets or interests, once the court approves the request for recognizing the foreign bankruptcy proceeding. The court may also take another decision at its discretion.