المملكة: 9 governing regulations governing the licensing, selection, and obligations of implementation service providers

The new controls aim to regulate the relationship between the departments of the Board of Grievances, the responsible parties, and the implementation service providers, in a way that achieves professional discipline and limits any practices that may affect the integrity or efficiency of implementation.

Execution Services

The Second Article stipulates that these controls apply to all providers of execution services licensed in accordance with the Execution System, confirming that the provision of these services is limited to those who meet the approved regulatory conditions.

The Third Article, taking into account what is referred to the Outsourcing and Liquidation Center, affirmed that it is not permissible to refer any execution service to those not licensed to provide the service. However, the controls excluded two specific cases. The first is that if the implementation parties agree to choose a specific service provider, the department may approve this choice provided that it fully adheres to the provisions of the controls.

Implementation procedures

As for the second case, it relates to the inability to find a licensed service provider, as it permitted the department to refer the service to an unlicensed provider, on the condition that he is granted a temporary license from the competent authority.

In Article Four, the controls stressed that the responsible party may not Using any of the implementation procedures stipulated in Article Nineteen of the Law and the relevant articles in the Regulations, except for licensed implementation service providers.

Service Provider Controls

The controls made an exception in the event that the licensee was unable to be present, as they permitted the use of a non-licensed person after the Department’s approval and granting him a temporary license from the competent authority.

The controls obligated the service provider to fully comply with the provisions contained therein, stressing that the responsible party bears responsibility for any violation. Thus, without prejudice to holding the service provider accountable in accordance with the relevant statutory provisions.

Including the assignment order

It stipulates that the responsible party shall implement the provisions of Articles Eight and Nine of the controls with respect to the service provider, and grants the department the authority to include in the assignment order a text prohibiting the use of implementation service providers except after referring to it, in a way that enhances the supervisory role of the department and ensures tight control over the course of implementation.

Article Five specifies a set of professional obligations. And the regulations that the service provider must adhere to while carrying out its work.

The controls obligated the service provider to establish its headquarters within the Kingdom, and to place its name, license number and date on all its publications and correspondence related to the work of implementation services, in a way that achieves transparency and facilitates the process of verification and accountability.

Identification cards

It required the issuance of identification cards for its employees, to be shown when providing the service, which contributes to organizing field work and prevents impersonation.

The controls stressed the strict preservation of the confidentiality of information and data, and prohibited their disclosure or the publication of any writing or statement related to the work carried out by the service provider by any means, except within the limits required by the nature of service provision, and with the permission of the department or the responsible authority.

The controls obliged the service provider to document its work procedures and keep a copy of them for a period of not less than five years from the date of the end of the procedure, in addition to providing the department and the responsible authority with all reports requested from it. Periodicals and documents related to the provision of the service.

Enhancing Integrity

It stressed the need for the service provider to carry out the tasks assigned to him and not to abstain from them within the scope of his license except with an excuse accepted by the court, and to begin providing the service himself or through one of his employees.

In the context of enhancing integrity and preventing conflicts of interest, the controls prohibited the service provider or his direct employees from submitting any work related to an implementation request that concerns him or one of his spouses, relatives, or in-laws to the degree The fourth, or any of them being a party to it, and it also prevented directing any action that would lead to a conflict with its interests or the current or potential interests of its employees.

The controls also stressed that the service provider or its employees should not participate in the auctions assigned to them, and prohibited the amendment or deletion of the forms or minutes that were submitted to them, and required reporting any obstacles facing the implementation procedures, in a way that ensures the integrity and transparency of the procedural path.

Requirement of availability Eligibility

Article Six stipulates that anyone who undertakes any service procedure must have full capacity, and that he must not have been convicted of a crime against honor or trust, unless he has been rehabilitated.

Article Seven touched on the obligations of the judicial sales agent, as the controls obligated the agent, when necessary, to receive the movable property to be sold from the time the department decides to receive it, and to undertake to preserve it until it is sold.

Maintaining The funds

and allowed him to entrust their safekeeping to a licensed judicial custodian, in a way that ensures the preservation of the funds under execution and that they are not exposed to damage or tampering.

In Article Eight, the controls granted the department the power to request the submission of an unconditional financial guarantee from the receiver or judicial custodian before referring the service to him, issued by a local bank, provided that it does not exceed five percent of the estimated value of the funds under custody or safekeeping.

Providing an alternative

And it stipulates that Returning the guarantee after the completion of the work, while providing an alternative, which is to bring a valid insurance policy that covers the errors of the service provider, in order to achieve a balance between protecting rights and facilitating procedures.

Article Nine regulates the mechanism for dealing with cases of license suspension, cancellation or expiration, as it obliges the service provider to liquidate its business within a period not exceeding sixty days from the date of suspension, cancellation or expiration, while granting the department the authority to extend this period when needed, in a way that ensures that the interests of the concerned parties are not disrupted or procedures are affected. Implementation.

Specificity of some cases

In Article 10, the controls confirmed that the department is the competent authority to estimate the ideal fee for providers of implementation services, taking into account the relevant legal and regulatory texts.

The controls excluded from this requests referred to the support and liquidation center, as well as cases in which the concerned parties agree on a specific fee, within a framework that takes into account the flexibility of dealing with the privacy of some cases.