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Company Law & Governance

Companies and governance

Bankruptcy, restructuring and liquidation in Saudi Arabia

Short answer

The Saudi Bankruptcy Law gives a business in financial difficulty formal ways to reach a settlement with creditors, restructure under court supervision, or wind up in an orderly way. Al-Fahal Law Firm advises debtors, creditors and company owners on which procedure fits and what it means for directors, contracts and employees.

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Updated

Situations we help with

  • Your company cannot pay debts as they fall due and creditors are threatening action.
  • You want to negotiate with creditors while the business keeps trading.
  • Shareholders have decided to close the company and need a voluntary liquidation.
  • A customer or debtor has entered a bankruptcy procedure and you need to file your claim.
  • Company losses have reached half of the capital and the board must act.

What the work covers

  • Assessing the options under the Bankruptcy Law and its Implementing Regulations
  • Protective settlement and financial restructuring applications and proposals
  • Creditor claims, meetings and voting
  • Liquidation — court-supervised or voluntary under the Companies Law
  • Director and manager exposure when a company is insolvent
  • Employee entitlements and contract issues during a procedure

The procedures in brief

Procedure What it is for Who can apply
Protective settlement Agree a settlement with creditors while the debtor keeps managing the business Debtor
Financial restructuring Restructure debts and the business under the supervision of a licensed trustee Debtor, creditors or a competent authority
Liquidation Sell the debtor's assets and distribute the proceeds to creditors under the court's supervision Debtor, creditors or a competent authority
Small-debtor procedures Simplified, cheaper versions of the three procedures above As above, for debtors meeting the small-debtor criteria
Administrative liquidation A streamlined liquidation where assets are unlikely to cover the costs of an ordinary liquidation As set out in the law

The procedures are available to individuals carrying on profit-seeking activity in the Kingdom, to companies and other entities registered in the Kingdom, and to non-Saudi investors for their assets located in the Kingdom.

Why timing matters

The earlier a company acts, the more options it has. Protective settlement and financial restructuring are designed to preserve a viable business, but they depend on the company still having something to restructure. Directors who let a company continue trading while it is plainly unable to pay its debts may also face questions about their own conduct under the Companies Law.

For joint stock companies, the Companies Law requires the board to act within 60 days of learning that losses have reached half of the issued capital, including calling the shareholders to decide the company's future.

How a consultation works

  1. 1

    Tell us what you need

    Send a short enquiry or call the office. Describe the matter in general terms — no confidential documents yet.

  2. 2

    Conflict check and call-back

    The firm checks that it can act for you, then contacts you to understand the matter.

  3. 3

    Consultation

    You meet a lawyer in Jeddah or online. You get an initial view of your position and options.

  4. 4

    Scope and fees in writing

    If you instruct the firm, you receive the scope of work and fees in writing before work begins.

Questions clients ask

What procedures does the Saudi Bankruptcy Law provide?
There are seven — protective settlement, financial restructuring and liquidation; simplified versions of each for small debtors; and administrative liquidation, used where the debtor's assets are not expected to cover the costs of an ordinary liquidation.
Who regulates bankruptcy in Saudi Arabia?
The procedures run through the commercial courts, and the Bankruptcy Commission — an independent body linked to the Minister of Commerce — maintains the bankruptcy register, licenses trustees and sets thresholds such as the minimum debt for a creditor to request liquidation.
Can creditors start a bankruptcy procedure against a company?
Creditors can apply for financial restructuring or liquidation in certain circumstances, subject to the thresholds set by the Bankruptcy Commission. Protective settlement can only be requested by the debtor.
Is closing a solvent company the same as bankruptcy?
No. A solvent company is usually wound up by its owners under the Companies Law (voluntary liquidation). The Bankruptcy Law is for debtors who are, or are likely to become, unable to pay their debts.

Official sources

Laws change. We cite the official text so you can check the current version.

This page is general information, not legal advice for your situation.

Lawyers who handle this work

A question about your company, a contract or a dispute?

Send a short enquiry and a lawyer from Al-Fahal Law Firm in Jeddah will contact you. Please don't send confidential documents until the firm has confirmed it can act for you.