Article 40 of the Saudi Law of Legal Practice

المادة 40 من نظام المحاماة · الباب الرابع: أحكام عامة وانتقالية

The article requires a person licensed under Article 39 to work alone or in partnership with a Saudi lawyer, and bars him from engaging a non-Saudi lawyer, whether an individual or a firm.

Official text (Arabic)

This article has not been amended since the law was issued.

يجب على المرخص له طبقا للمادة التاسعة والثلاثين، أن يمارس العمل وحده أو بالاشتراك مع محام سعودي، ولا يجوز له أن يستعين بمحام غير سعودي فردا كان أم شركة.

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 40 explained in plain English

This article sets the form in which a non-Saudi consultant licensed under Article 39 carries out his work.

What is allowed:

He may practice alone.
Or he may practice in partnership with a Saudi lawyer.

What is prohibited: He may not engage a non-Saudi lawyer, whether an individual or a firm. The ban covers engaging both individuals and entities.

Understanding the rule with Article 39: Article 39 allows non-Saudis who were licensed before Council of Ministers Resolution No. (116) dated 12/7/1400 AH to practice consultancy only, on a temporary basis, on conditions that include working full time on consultancy, not pleading as an agent, residing in the Kingdom for at least 9 months a year, and it provides that the license ends by operation of law when any condition is lost. This article restricts how his work is organized, so that the temporary license is not used as a doorway to bring other non-Saudi lawyers into the work.

This article does not address a licensed lawyer engaging non-Saudi consultants under an employment contract; that is governed by Article 41, with its own conditions. Anyone in this position who wants to arrange a partnership or hiring would do well to consult a lawyer specialized in the laws governing the legal profession.

Practical example

A non-Saudi consultant licensed under Article 39 provides consultancy in Jeddah and wants to expand his work. He may go into partnership with a Saudi lawyer, but he may not engage a non-Saudi lawyer or a non-Saudi law firm.

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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