Article 46 of the Saudi Law of Legal Practice

المادة 46 من نظام المحاماة · الباب الخامس: تنظيم الترخيص لمكتب المحاماة الأجنبي لمزاولة مهنة المحاماة في المملكة

The article allows a foreign law firm to apply for a temporary license to provide legal consultancy for a specific project in the Kingdom, as an exception to the resident-partners condition, according to the Regulations' requirements.

Official text (Arabic)

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

استثناءً من الشرط الوارد في الفقرة (4) من المادة (الخامسة والأربعين) من هذا النظام، لمكتب المحاماة الأجنبي التقدم بطلب ترخيص مؤقت لتقديم خدمات الاستشارات النظامية لمشروع معين في المملكة، على أن يستوفي الطلب المتطلبات التي تحددها اللائحة التنفيذية لهذا النظام.

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 46 explained in plain English

This article offers a lighter route for a foreign law firm that needs to work in the Kingdom for a specific purpose without establishing a permanent presence with resident partners.

Elements of the rule:

Type of license: A temporary license.
Scope: Providing legal consultancy services only.
Subject: A specific project in the Kingdom.
The exception: The application is exempt from the condition in paragraph (4) of Article 45, which is naming at least two partners to represent the firm in the Kingdom who reside there for at least 180 days a year.
Requirements: The application must meet the requirements set by the Implementing Regulations; the article does not state them.

What the exception does not cover: The exception is limited to paragraph (4) of Article 45. As for the rest of Article 45, such as distinguished international reputation, 10 years since establishment, representation in 3 countries or 5 regions on conditions, and payment of fees, this article does not provide for exempting them, and all of this remains without prejudice to the Foreign Investment Law as Article 45 provides.

Article 47 regulates how applications for licensing foreign firms are submitted: to the committee referred to in Article 5 on the prepared forms with the documents specified by the Regulations, and the license is issued by a decision of the Minister of Justice on the committee's recommendation. For companies that contract with a foreign firm for a project, it is advisable to consult a lawyer specialized in foreign investment and the regulation of the legal profession.

Practical example

An entity in the Eastern Province is carrying out a large energy project and wants to engage a specialized foreign law firm to provide legal consultancy for the project. The firm can apply for a temporary license for this project without being bound to name two partners residing in the Kingdom, provided it meets the requirements of the Implementing Regulations.

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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