SACC 1859/1444
The court dismissed a company's request for financial restructuring and protection against bankruptcy due to the incomplete nature of the request, lacking the required documentation and information as per the legal requirements.
Background
A claimant company had submitted a request for financial and administrative restructuring and protection against bankruptcy because it was unable to operate business as usual due to the closure of some of its bank accounts as a result of claims brought against the company and the delays in paying its debts.
The court stated that Article 43 of Saudi Arabia Cabinet Decision No. 264/1439 stipulated that a request for starting financial restructuring procedures may be recorded with the court once it is submitted with the relevant information and documentation. Furthermore, Article 5 of the Information and Documentation Regulation outlined the documents that must be submitted with requests for any bankruptcy procedure. The case documents showed that the request did not include the documents outlined by the article. The claimant company had not mentioned the reasons for the debt and failed to provide enough information to confirm the correctness of its claims. It also did not substantiate the claims and rulings issued by the courts against it.