A Company Contract is a fundamental legal document required for establishing and operating a business entity in Saudi Arabia. This document is essential when forming a new company or restructuring an existing one, providing the legal framework that governs the relationship between shareholders and defines the company's operations. The contract must comply with the Saudi Companies Law of 2015, relevant Ministry of Commerce regulations, and Sharia principles. It includes detailed provisions on capital structure, management responsibilities, profit distribution, and dispute resolution mechanisms. For foreign investors, additional considerations regarding SAGIA regulations must be incorporated. The document serves as the primary reference point for corporate governance and stakeholder rights throughout the company's lifecycle.
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1. Parties: Identification of all contracting parties including full legal names, addresses, and registration details as per Saudi commercial registration requirements
2. Background: Context of the agreement, including the parties' intentions and basis for entering into the contract
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Company Formation: Details of company establishment including type, name, and purpose in compliance with Companies Law requirements
5. Capital and Shares: Share capital structure, value of shares, and payment terms in accordance with minimum capital requirements
6. Management Structure: Governance framework including appointment of managers/board members and their powers
7. Shareholders' Rights and Obligations: Detailed rights and responsibilities of shareholders including voting rights and capital contribution obligations
8. General Assembly: Procedures for shareholder meetings, voting mechanisms, and decision-making processes
9. Financial Matters: Financial year, accounts, auditing requirements, and profit distribution policies
10. Transfer of Shares: Procedures and restrictions for share transfers, including pre-emptive rights
11. Termination: Grounds and procedures for company dissolution and termination
12. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction of Saudi courts
13. Notices: Communication procedures and official notification requirements between parties
1. Foreign Investment Provisions: Required when there are foreign shareholders, detailing compliance with SAGIA regulations
2. Shariah Compliance: Detailed section required for financial services companies or those engaging in specific financial transactions
3. Intellectual Property Rights: Needed when the company owns or deals with significant IP assets
4. Non-Competition: Required when shareholders or managers need to be restricted from competing activities
5. Tag-Along and Drag-Along Rights: Optional provisions for share transfer mechanisms in larger or more complex shareholding structures
6. Reserved Matters: List of decisions requiring special majority or unanimous approval, recommended for companies with multiple shareholders
7. Dividend Policy: Detailed dividend distribution rules, recommended for companies with complex profit-sharing arrangements
8. Deadlock Resolution: Required for companies with equal shareholding or potential decision-making deadlocks
1. Schedule 1 - Share Capital Details: Detailed breakdown of shareholding structure and capital contributions
2. Schedule 2 - Articles of Association: Detailed constitutional document of the company as required by Saudi Companies Law
3. Schedule 3 - Business Plan: Initial business plan and operational strategy of the company
4. Schedule 4 - Key Management Positions: List of key management positions and their job descriptions
5. Schedule 5 - Reserved Matters: Detailed list of matters requiring special approval
6. Schedule 6 - Company Policies: Key operational and governance policies
7. Appendix A - Shareholders' Contact Details: Complete contact information for all shareholders
8. Appendix B - Form of Share Certificate: Template for share certificates compliant with Saudi regulations
9. Appendix C - Power of Attorney Templates: Standard forms for various corporate authorizations
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Real Estate
Financial Services
Healthcare
Retail
Professional Services
Construction
Energy
Transportation
Telecommunications
Education
Tourism
Agriculture
Mining
Relevant Teams
Legal
Compliance
Corporate Governance
Finance
Executive Leadership
Business Development
Risk Management
Corporate Affairs
Shareholder Relations
Investment
Board of Directors
Company Secretariat
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Corporate Secretary
Compliance Officer
Chief Financial Officer
Business Development Director
Company Director
Board Member
Managing Partner
Shareholder Relations Manager
Investment Manager
Corporate Governance Officer
Risk Manager
General Counsel
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