Article 10 of the Saudi Finance Lease Law
المادة 10 من نظام الإيجار التمويلي
The article allows securities to be issued against the lessor's rights, in accordance with the regulations and rules issued by the Capital Market Authority.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز إصدار أوراق مالية مقابل حقوق المؤجر، وفقًا للوائح والقواعد التي تصدرها هيئة السوق المالية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 10 explained in plain English
This article opens a financing route for finance lease companies, as it allows securities to be issued against the lessor's rights. The lessor, under Article 1, is the joint-stock company licensed to engage in finance leasing.
The article did not detail the conditions or procedures for this issuance, or the types of securities, but referred all of that to the regulations and rules issued by the Capital Market Authority. So issuance is made only in accordance with those regulations and rules, and anyone wanting to know its details must refer to them.
This article concerns first of all finance lease companies, investors in securities, and the bodies that regulate the capital market. As for the lessee, the article does not directly address its obligations; the provisions of the contract and the Law continue to govern its relationship with the lessor, such as its obligation to pay the rent and the rules on loss of the asset.
This article sits alongside Article 9, which regulates the risk of loss of the asset and cooperative insurance on it, and Article 11, which allows the lessee to assign the contract to another lessee with the lessor's consent. Anyone needing advice on issuing securities of this kind can consult a lawyer specializing in banking, finance, finance lease and securities cases.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Dr. Saleh Altayyar & Partners Law Firm
Frequently asked questions about Article 10 of the Saudi Finance Lease Law
Can a finance lease company issue securities against its rights?
Yes, the article allows securities to be issued against the lessor's rights in accordance with the regulations and rules issued by the Capital Market Authority.
Who regulates the issuance of these securities?
The Capital Market Authority, under the regulations and rules it issues.
More articles on Lessor's Rights over the Leased Asset
- Article 12
The article allows the lessor to place protective markings on the leased movable, and to inspect the asset to confirm the lessee's continued possession and examine its condition without harming it.
1- للمؤجر أن يضع على المنقول المؤجر أي بيان لحمايته، بما في ذلك اسمه، ورقم تسجيل العقد في سجل العقود. 2 - للمؤجر - أو من ينيبه - الكشف على الأصل المؤجر؛ للتأكد
- Article 15
If the lessor sells the leased asset to a third party, ownership of the asset passes to the buyer burdened with the finance lease contract.
إذا باع المؤجر الأصل المؤجر للغير، فإن ملكية الأصل تنتقل محملة بالعقد.
- Article 17
The article provides that a leased movable asset keeps its character as a movable even if fixed to or attached to real estate.
إذا كان الأصل المؤجر منقولًا، فإنه يحتفظ بهذه الصفة ولو ثَبَت أو أُلحق بعقار.
- Article 23
If the lessor is declared bankrupt or its business is liquidated, the lessee may continue the contract on its terms, or return the asset with the consent of the bankruptcy trustee or liquidator.
يجوز للمستأجر - في حال إشهار إفلاس المؤجر أو تصفية نشاطه - الاستمرار في تنفيذ العقد وفق شروطه، أو إعادة الأصل بموافقة وكيل التفليسة أو المصفي.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.

