The form of each contract varies
according to the type of companies that can be established in Saudi Arabia,
according to what was stated in Low Chapter Four on Saudi investment, which
stipulated that the most important types of companies that can be established
are the following:
1_ General partnership.
2_ Simplified limited
partnership.
3_ Joint venture company.
4_ Joint stock company.
5_ Limited partnership by shares.
6_ Limited liability company.
7_ Professional company.
8_ Holding and subsidiary company.
9_ Special companies established
by royal decree.
However, all these companies are
similar in the basic data included in the company incorporation contract,
according to what was stated in Article Seven:
1_ Company name
2_ Type of this company
3_ The goal and purpose of this
company
4_ Names of partners and
shareholders.
5_ Nationalities and addresses of
shareholders and companies.
6_ Method of distributing profits
and losses among partners.
7_ All matters related to
management.
8_ Determining the rights of
managers.
9_ The main address of the
company.
According to what is stated in
Article Thirty-Six, the data it contains are as follows.
1- Names of partners and their
information.
2- Name of the company.
3- Headquarters of the company.
4- Objective of the company.
5- Capital of the company and all
information about each person's share and stake.
6- What is the duration of this
company if this company is temporary?
7- Partners' decisions and
everything necessary for their issuance.
8- Distribution of each person's
share of profits and losses.
9- Start and end date of the
fiscal year.
10- What procedures take place in
the event of the company's expiration?
11- Other conditions or agreements
that do not conflict with the terms or provisions may be added according to the
partners' agreement.
Three types of companies can be
established in Saudi Arabia that are based primarily on the articles of
association of the company and do not have an article of association for it.
Among these companies is the joint-stock company, and its articles of association
stipulate, according to what is stated in Article Sixty-One, that
1- Name of the company.
2- Headquarters of the company.
3- The purpose of this company.
4- The authorized, issued, and
paid-up capital of the company.
5- The number of shares, their types
and categories, and the rights of each type and category.
6- The duration of this
partnership if it is temporary.
7- All matters of managing the
company and who will assume the position of management.
8- The start and end date of the
fiscal year.
9- Any other conditions may be
added as long as the partners agree to them and they do not conflict with the
stated conditions.
1- Is it possible to amend the
company incorporation contract?
Yes, you can amend this contract,
but the approval of all partners and shareholders must be obtained and these
changes must be documented with the competent authorities such as the Ministry
of Commerce.
2- Is it necessary to document the
company incorporation contract?
Yes, it is very important to
document the company incorporation contract with a notary public and for its
registration with the Ministry of Commerce to be legal.
3- Is it possible to establish a
company on my own?
Yes, there are types of companies
that can be established and managed entirely by one person, such as limited
liability companies.
4- What is the difference between
a general partnership and a limited liability company?
One of the most prominent
differences is that in a general partnership, the partners are personally and
fully responsible for paying all debts, while in the case of a limited
liability company, each causes debts according to the size of his shares.
5- What are the cases that
require adding special clauses to the contract of association?
There are many cases, the most
famous of which are the addition of a new partner to the company, or a change
in the company's capital and determining the percentages of profits and losses
and the mechanism by which these percentages are distributed.
Do you have more inquiries and
questions that come to your mind about the form of the company incorporation
contract? Contact us immediately.