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1sagia.gov.sa SAGIA.GOV.SA
DOING BUSINESSIN SAUDI ARBIA
FIRST EDITION - 2018
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CONTENTS
About SAGIA ............................................................................................................................. 4
Address of His Excellency the Governor of The General Authority for investment ............ 6
Investmet in Saudi Arabia ..................................................................................................... 8
Incentive and support ........................................................................................................... 11
How to Start Your Business .................................................................................................. 15
Types of investments ............................................................................................................. 23
Types of licenses and minimum capital and Saudi shareholding .................................. 37
Investor Journey ..................................................................................................................... 39
Contact ..................................................................................................................................... 42
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Based on its vision to be a pioneer in developing quality investments that facilitates sustainable development, the Saudi Arabian General Investment Authority (SAGIA) is responsible for following up and assessing investment performance, alleviating the difficulties encountered by investors, conducting studies and research and drafting executive plans to stimulate local investments.
Under a resolution of the Council of Ministers, SAGIA was created as a vehicle for investment in Saudi Arabia, including foreign investment, by improving the local investment environment and making it more attractive to foreign investments.
SAGIA utilizes its full capacities to improve the investment climate and enhance support structures. It also seeks to constantly elevate services through its human resources, effective partnerships and continuous interaction with investors.
In line with Vision 2030 and its initiatives within the National Transformation Program 2020, SAGIA has been giving special attention to the provision of quality services to investors through business centers that include representatives of investment-related government entities. It has also focused on attracting leading companies in promising sectors to invest in Saudi Arabia, on effectively and rapidly implementing the program of improving the investment environment, developing businesses and raising their international competitiveness as well as on holding local and international investment conferences and seminars.
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ADDRESS OF HIS EXCELLENCY THE GOVERNOR OF THE GENERAL AUTHORITY FOR INVESTMENTEng. Ibrahim bin Abdul Rahman Al-Omar
Since its establishment, the Saudi Arabian General Investment Authority (SAGIA) has been facilitating business and improving the investment environment to attract foreign investments, localize local investments, encourage the local and foreign private sectors to become basic partners in the economic and social development, achieve the pursued economic diversification, improve the level of services provided to investors and reduce the time taken to decide on license applications.
In this context, SAGIA has been giving special attention to providing quality services to investors. To attract leading companies in promising sectors to invest in Saudi Arabia, SAGIA’s business centers include representatives of investment-related government entities. In addition to effectively and rapidly implementing the program of improving the investment environment, developing businesses and raising their international competitiveness and holding local and international investment conferences and seminars.
In the course of improving the investment environment, SAGIA has intensified its efforts with its governmental partners to complete the legislative and regulatory structure that would contribute to providing a safe and stimulating investment environment. To this purpose, it has produced the Doing Business manual to define how to start and operate businesses in Saudi Arabia, including its strengths, features and incentives in addition to defining, classifying and highlighting the types of investments and licensing services.
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Based on Vision 2030 and the initiatives of the National Transformation Program 2020, SAGIA is responsible for following up and assessing investment performance, alleviating the difficulties encountered by investors, conducting studies and research and drafting executive plans to stimulate local investments. In this context, SAGIA utilizes its capacities in order to improve the investment climate and enhance support structures. It also seeks to constantly elevate services through its human resources, effective partnerships and continuous interaction with investors.
Saudi Arabia has many geographical, historical and cultural features that enable it to assume a pioneering political and economic position at all levels. Sitting at the heart of the Arab and Islamic region linking Europe, Asia and Africa together, Saudi Arabia is ideally situated at the crossroad of the world, making it an exceptional country and a global investment-attracting destination with vast lands rich in natural resources and multiple sources of renewable energy that are in line with its strategic vision and make it an important economic and investment destination.
Finally, I wish to extend my thanks and gratitude to the Custodian of the Two Holy Mosques and His Highness the Crown Prince for their continued support to SAGIA. I would also like to thank my colleagues on the Board of Directors as well as SAGIA staff for the tangible efforts they are making to achieve outstanding results, all confident that our great achievements will contribute, God willing, to building a sustainable economy that achieves the highest standards of well-being for our nation and citizens.
Allah is the arbiter of success,
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INVESTMENT IN SAUDI ARABIA
Saudi Arabia sits at the heart of the Arab and Islamic worlds at the crossroad of three continents. Saudi Arabia has many geographical, historical and civilizational features that enable it to assume a leading political and economic position at an international level.
It also features vast lands rich in natural resources with multiple sources of renewable energies.
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01 0203 04
KSA Strengths and FeaturesIncentives and Support
Saudi Arabia features many strengths that are in line with its strategic vision and make it an important economic and investment destination. Surrounded by key waterways, Saudi Arabia is a bridge for peoples and products, serving as a unique logistic center linking global trade routes and allowing the expansion of commercial activities.
The Saudi economy has been based on its strengths, supported by a competitive environment for all economic activities that allowed the average annual growth rate to increase by 4% over the past seven years.
Saudi Arabia has worked on diversifying its economy, expanding private sector activities, improving competitiveness, and building a vibrant society that represents the scope of the Saudi Vision 2030 and a road map towards a prosperous future.
Saudi Arabia has made great efforts in developing a business friendly environment taking new measures to facilitate business with full commitment to developing its investment environment.
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FINANCIAL SUPPORT
01
02
03
04
Financing export, guarantee and insurance credits provided by the Saudi Export Program.
Subsidizing energy, water, natural gas, ethane and diesel.
Providing financial incentives for R&D projects with the ability to promote the Kingdom’s economic growth and self-reliance.
Providing loan programs for general and private industrial investments.
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01
02
TAX SUPPORT
Eliminating customs duties on selected materials, equipment and machines.
Providing tax exemptions on wages and costs of Saudi labor training.
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EMPLOYMENT SUPPORT
01
03
05
02
04
The Human Resources Development Fund (HRDF) provides a program to encourage the training and
employment of Saudi nationals.
The Tamheer program for the on-the-job training program for Saudi graduates.
Training in non-profit institutions.
Rehabilitation of health certificate holders.
“Doroob” Program
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HOW TO START YOUR BUSINESS
A. Overview
When starting a business in Saudi Arabia, it is important to consider many factors with regard to the type of investment, legal entity and activity to be invested in. Saudi Arabia welcomes all investments that add value to Saudis and non-Saudis in all sectors.
B. Regulation of Foreign Investment
The basis of the Saudi investment system is found in the Foreign Investment Law issued by the Royal Decree No. (M/1) dated 15/1/1421 H. The foreign companies wishing to establish investment and commercial entities in Saudi Arabia fall subject to this regulation and are required to obtain licenses from SAGIA SAGIA.GOV.SA
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Regulation of foreign investment comprises three main components:
Foreign Investment Licenses and
Procedures
Foreign Investment
Financial System
International Trade
Agreements
01
02 03
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Foreign Investment Licenses and
Procedures
01
01
03
02
In order to start business in Saudi Arabia, investors must first obtain an investor license. SAGIA is the authority concerned with improving the investment environment
and providing all services to investors.
Investors can apply for a license online on SAGIA e-portal.
Types of investment licenses vary, each with its own requirements, such as the minimum acceptable capital and the maximum foreign capital.
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Foreign Investment
FinancialSystem
02
Corporate Income Tax: charged at 20% on the foreign shares of a resident company, the lowest among the G20.
Application of VAT.
Corporate tax is 20% of foreign shares net profit, and 2.5% Zakat of local shares.
Providing Social insurance.
01
03
02
04
The four key components of the financial system that are of interest to any foreign investor:
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International Trade
Agreements03
GLOBALLY
Saudi Arabia is a member of the World Trade Organization and is committed to further liberalizing trade systems and accelerating integration into the global economy.
REGIONALLY
Saudi Arabia is a member of the Gulf Cooperation Council and the Greater Arab Free Trade Area.
BILATERALLY
Saudi Arabia has signed treaties to avoid double taxation of income and capital with 29 countries, as well as agreements to promote and protect the investments of one contracting party in the territory of the other with 23 countries.
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C. Forms of Legal Entities:SAGIA seeks to facilitate the entry of foreign value-added enterprises to discover and take part in various activities in the Saudi market by the establishing the following legal entities:
A company in which the number of shareholders does not exceed 50. An LLC shall have a name that is creative or derived from its purpose. If the LLC is owned by one person, the name shall indicate that it is single member LLC. The LLC’s memorandum of association shall be signed by all shareholders. The contract shall include in particular the data of shareholders, capital, management, authorities and others. The LLC shall appoint one or more auditors.
A company that is established by one person who owns all its shares and whose liability shall be limited to the money they allocated to be the capital of the company. The owner shall have the authority and power of the company’s Director, Board of Directors and General Shareholder Assembly. The shareholder may appoint one or more directors to be representative(s) before courts, arbitral tribunals and third parties and responsible for the management of the company before the shareholder. In all cases, a natural person shall not establish or own more than one SMLLC. A (natural or corporate) single member LLC may not establish or own another SMLLC.
01
02
Limited Liability Company (LLC)
Single Member Limited Liability Company (SMLLC)
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A company whose capital is divided into negotiable shares of equal value. Each JSC shall have a name indicating its purpose and shall be managed by a board of directors. The JCS’s memorandum of association shall set the number of its members to be between three and eleven.
A company operating in Saudi Arabia through a branch, office, agency or any other form that is based in the kingdom to represent, direct, or coordinate work carried out outside it. Each branch of a foreign company shall use Arabic in all its papers, documents and publications printed in Saudi Arabia, as well as in the company’s name, address, head office and name of agent.
The branch of a foreign company within Saudi Arabia shall serve as its home with regard to its activities and businesses within the kingdom subject to all applicable regulations.
03
04
Joint Stock Company (JSC)
Foreign Company Branch
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Service Investments
01
Commercial Investments
03
Industrial Investments
02Entrepren-
eurial Investments
04
Real Estate Investments
05Engineering Consultancy
Offices06
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*Taking into account the documents and conditions set forth for all types of activity.
SERVICE INVESTMENTSService investments comprise licensing the activities of contracting, public transport, manpower recruitment agencies, domestic labor hiring, university colleges and regular universities*.
APPLICATION
• Application for licensing of service activities shall be made through SAGIA website – E-services page.• Ensuring that the percentage of Saudi shareholding and the capital comply with the minimum specified for this type of activity.• Payment of the SAR 2,000 annual license fee for a maximum of 5 years in addition to SAR 10,000 as a first one-year subscription to services of SAGIA Business Centers, to be followed by the service subscription fee in later years.
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LICENSING SERVICES
Applications to licenses can be made after completing the following documents and meeting the following conditions*:
1. A copy of the commercial registration of the shareholding partner certified by the Saudi Embassy; A copy of the national identity for natural GCC national shareholders; A copy of the national identity for Saudi shareholders; A proof of profession issued on “Absher”; A copy of the commercial registration for Saudi companies.
2. Last fiscal year financial statements of the applicant foreign company certified by the Saudi Embassy.
*Taking into account the documents and conditions set forth for all types of activity.
Issuance of License
Applications to license amendment can be made after completing the following documents and meeting the following conditions*:
1. A letter from/decision of shareholders for LLCs or the draft memorandum of association for SMLLCs certified by the Chamber of Commerce to amend the legal entity identifying the new entity.
*Taking into account the documents and conditions set forth for each type of amendments and the requirements of the General Authority of Zakat and Tax.
Amendment of License
Applications to license renewal can be made after meeting the following conditions:
1. Investment entities requesting renewal shall commit to update and validate their data at SAGIA annually.
2. The entity shall review the requirements of the licensed activity.
3. The requirements of the General Authority of Zakat and Tax shall be met.
Renewal of License
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*Taking into account the documents and conditions set forth for all types of activity.
INDUSTRIAL INVESTMENTSThey refer to the activities falling under the production processes of importing raw materials, production lines of manufacturing products for export or local sale as well as the provision of products’ warranty, maintenance and installation.
APPLICATION
• Application for licensing of industrial activities shall be made through SAGIA website – E-services page.• A statement that “The licensee must refer to the Ministry of Energy, Industry and Mineral Resources to obtain the industrial license, and the General Authority for Meteorology and Environmental Protection for environmental approval” shall be added to all licenses issued in the industrial field.• Payment of the SAR 2,000 annual license fee for a maximum of 5 years in addition to SAR 10,000 as a first one-year subscription to services of SAGIA Business Centers, to be followed by the service subscription fee in later years.
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LICENSING SERVICES
Applications to licenses can be made after completing the following documents and meeting the following conditions*:
1. A copy of the commercial registration of the shareholding partner certified by the Saudi Embassy; A copy of the national identity for natural GCC national shareholders; A copy of the national identity for Saudi shareholders; A proof of profession issued on “Absher”; A copy of the commercial registration for Saudi companies.
2. Last fiscal year financial statements of the applicant foreign company certified by the Saudi Embassy.
*Taking into account the documents and conditions set forth for all types of activity.
Issuance of License
Applications to license amendment can be made after completing the following documents and meeting the following conditions*:
1. A letter from/decision of shareholders for LLCs or the draft memorandum of association for SMLLCs certified by the Chamber of Commerce to amend the legal entity identifying the new entity.
2. Approval of the Saudi Industrial Development Fund (SIDF) on the requested amendment for industrial projects in case of being recipient of an industrial loan.
*Taking into account the documents and conditions set forth for each type of amendments and the requirements of the General Authority of Zakat and Tax.
Amendment of License
Applications to license renewal can be made after meeting the following conditions:
1. Investment entities requesting renewal shall commit to update and validate their data at SAGIA annually.
2. The entity shall review the requirements of the licensed activity.
3. The requirements of the General Authority of Zakat and Tax shall be met.
Renewal of License
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*Taking into account the documents and conditions set forth for all types of activity.
COMMERCIAL INVESTMENTSGiven the importance of commercial businesses in Saudi Arabia and the Saudi efforts to facilitate the
entry and engagement of foreign enterprises in wholesale and retail activities in the Saudi market according to specific terms and conditions set for ambitious foreign companies, SAGIA has started granting commercial licenses with Saudi shareholders in addition to issuing 100% foreign commercial licenses.
APPLICATION
• Application for licensing of commercial activities shall be made through SAGIA website – E-services page.• Ensuring that the percentage of Saudi shareholding and the capital comply with the minimum specified for this type of activity.• In the case of a commercial license with a Saudi shareholder, the Saudi share shall not be less than 25%. In the case of a 100% foreign commercial license, the entity shall comply with the criteria and conditions specified for such activity.• Payment of the SAR 2,000 annual license fee for a maximum of 5 years in addition to SAR 10,000 as a first one-year subscription to services of SAGIA Business Centers, to be followed by the service subscription fee in later years.
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LICENSING SERVICES
Applications to licenses can be made after completing the following documents and meeting the following conditions*:
1. A copy of the commercial registration of the shareholding partner certified by the Saudi Embassy; A copy of the national identity for natural GCC national shareholders; A copy of the national identity for Saudi shareholders; A proof of profession issued on “Absher”; A copy of the commercial registration for Saudi companies.
2. Last fiscal year financial statements of the applicant foreign company certified by the Saudi Embassy.
*Taking into account the documents and conditions set forth for all types of activity.
Issuance of License
Applications to license amendment can be made after completing the following documents and meeting the following conditions*:
1. A letter from/decision of shareholders for LLCs or the draft memorandum of association for SMLLCs certified by the Chamber of Commerce to amend the legal entity identifying the new entity.
*Taking into account the documents and conditions set forth for each type of amendments and the requirements of the General Authority of Zakat and Tax.
Amendment of License
Applications to license renewal can be made after meeting the following conditions:
1. Investment entities requesting renewal shall commit to update and validate their data at SAGIA annually.
2. The entity shall review the requirements of the licensed activity.
3. The requirements of the General Authority of Zakat and Tax shall be met.
Renewal of License
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*Taking into account the documents and conditions set forth for all types of activity.
ENTREPRENEURIAL INVESTMENTSGiven the importance of entrepreneurs to Saudi Arabia and their effective impact on its economy, SAGIA works to provide its services to entrepreneurs who wish to establish pilot enterprises accredited by Saudi
universities or business incubators.
APPLICATION
• Application for licensing of entrepreneurial activities shall be made through SAGIA website – E-services page.• Applications for licensing of entrepreneurial businesses shall be supported by accrediting resident universities or business incubators.• In case the applicant is a KSA-resident, a non-objection letter from their Saudi sponsor shall be provided.• License at issuance shall be valid for a period of 5 years.• Payment of the SAR 2,000 annual license fee for a maximum of 5 years in addition a payment for obtaining services from SAGIA Business Center according to the entity’s classification rather than entrepreneur license at the end of the 5th year.
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LICENSING SERVICES
Applications to licenses can be made after completing the following documents and meeting the following conditions*:
1. A copy of the commercial registration of the shareholding partner certified by the Saudi Embassy; A copy of the national identity for natural GCC national shareholders; A copy of the national identity for Saudi shareholders; A proof of profession issued on “Absher”; A copy of the commercial registration for Saudi companies.
2. Last fiscal year financial statements of the applicant foreign company certified by the Saudi Embassy.
*Taking into account the documents and conditions set forth for all types of activity.
Issuance of License
Applications to license amendment can be made after completing the following documents and meeting the following conditions*:
1. A letter from/decision of shareholders for LLCs or the draft memorandum of association for SMLLCs certified by the Chamber of Commerce to amend the legal entity identifying the new entity.
*Taking into account the documents and conditions set forth for each type of amendments and the requirements of the General Authority of Zakat and Tax.
Amendment of License
Applications to license renewal can be made after meeting the following conditions:
1. Investment entities requesting renewal shall commit to update and validate their data at SAGIA annually.
2. The entity shall review the requirements of the licensed activity.
3. The requirements of the General Authority of Zakat and Tax shall be met.
Renewal of License
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*Taking into account the documents and conditions set forth for all types of activity.
REAL ESTATE INVESTMENTSThey include investment in property provided that the total cost of the project, in terms of both land and construction, is not less than SAR 30 million in terms of land and construction and the investment is
carried out outside the borders of the cities of Mecca and Medina.
APPLICATION
• Application for licensing of real estate activities shall be made through SAGIA website – E-services page.• The total cost of both land and construction shall not be less than SAR 30 million.• The property shall be outside the borders of the cities of Mecca and Medina.• Ensuring that the percentage of Saudi shareholding and the capital comply with the minimum specified for this type of activity.• Payment of the SAR 2,000 annual license fee for a maximum of 5 years in addition to SAR 10,000 as a first one-year subscription to services of SAGIA Business Centers, to be followed by the service subscription fee in later years.
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LICENSING SERVICES
Applications to licenses can be made after completing the following documents and meeting the following conditions*:
1. A copy of the commercial registration of the shareholding partner certified by the Saudi Embassy; A copy of the national identity for natural GCC national shareholders; A copy of the national identity for Saudi shareholders; A proof of profession issued on “Absher”; A copy of the commercial registration for Saudi companies.
2. Last fiscal year financial statements of the applicant foreign company certified by the Saudi Embassy.
*Taking into account the documents and conditions set forth for all types of activity.
Issuance of License
Applications to license amendment can be made after completing the following documents and meeting the following conditions*:
1. A letter from/decision of shareholders for LLCs or the draft memorandum of association for SMLLCs certified by the Chamber of Commerce to amend the legal entity identifying the new entity.
*Taking into account the documents and conditions set forth for each type of amendments and the requirements of the General Authority of Zakat and Tax.
Amendment of License
Applications to license renewal can be made after meeting the following conditions:
1. Investment entities requesting renewal shall commit to update and validate their data at SAGIA annually.
2. The entity shall review the requirements of the licensed activity.
3. The requirements of the General Authority of Zakat and Tax shall be met.
Renewal of License
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*Taking into account the documents and conditions set forth for all types of activity.
ENGINEERING CONSULTANCY OFFICESSaudi Arabia seeks to attract consultancy-related investments of all types including 100% ownership Saudi-based engineering offices.
APPLICATION
• Application for licensing of engineering consultancy activities shall be made through SAGIA website – E-services page.• The applicant foreign company or one of its subsidiaries shall be licensed in the same field in four countries at least.• An experience certificate for the company shall be submitted for the last 10 years at least.• Payment of the SAR 2,000 annual license fee for a maximum of 5 years in addition to SAR 10,000 as a first one-year subscription to services of SAGIA Business Centers, to be followed by the service subscription fee in later years.
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LICENSING SERVICES
Applications to licenses can be made after completing the following documents and meeting the following conditions*:
1. Copies of the commercial registrations of the entity in the same field in four countries certified by the Saudi Embassy.
2. Last fiscal year financial statements of the applicant foreign company certified by the Saudi Embassy.
*Taking into account the documents and conditions set forth for all types of activity.
Issuance of License
Applications to license amendment can be made after completing the following documents and meeting the following conditions*:
1. A letter from/decision of shareholders for LLCs or the draft memorandum of association for SMLLCs certified by the Chamber of Commerce to amend the legal entity identifying the new entity.
*Taking into account the documents and conditions set forth for each type of amendments and the requirements of the General Authority of Zakat and Tax.
Amendment of License
Applications to license renewal can be made after meeting the following conditions:
1. Investment entities requesting renewal shall commit to update and validate their data at SAGIA annually.
2. The entity shall review the requirements of the licensed activity.
3. The requirements of the General Authority of Zakat and Tax shall be met.
Renewal of License
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TYPES OF LICENSES AND MINIMUM ACCEPTABLE CAPITAL AND SAUDI SHAREHOLDING
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26,666,6671
30,000,000
–2
–3
–4
–5
200,000,0006
The value of each project shall not be less than 30,000,000 (in terms of land and construction); investment shall be made
outside the perimeter of the two Holy Mosques7
–8
500,0009
500,00010
Commercial with Saudi Shareholding
Foreign capital shareholding higher than SAR 20 Mn
Communications
Value Added Communications
Insurance
Reinsurance
Real Estate Financing
Real Estate Development
Management of Construction Projects, Detailed Engineering Design and EPC Contracts
Public Transport (intracity bus service)
Public Transport (intracity metro service)
Joint Stock Company 500,00011
25%
–
70%
30%
40%
40%
40%
–
25%
30%
20%
–
Type of License Minimum Acceptable Capital (SAR) Minimum Saudi Shareholding (%)No.
*Related to the limit of the cost of a single project to be constructed. There is no minimum limit for the capital of property development projects.
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Signing up on SAGIA website
Issuance ofInvestment License
• The company’s commercial registration certified by the Saudi Embassy
• The last year financial statements for certified by the Saudi Embassy
Issuance of Commercial Registration
• Decision of the Board of Directors
• Commercial registration of the parent company
• Memorandum of association of the parent company
• Reservation of trade name
• Letter of appointment of the Director General
• Copy of the director-general’s passport or Iqama
• National address registration
Issuance ofInvestment License
• The company’s commercial registration certified by the Saudi Embassy
• The last year financial statements certified by the Saudi Embassy
Memorandum ofAssociation
Documentation ofMemorandum of Association
• Reservation of trade name• National address registration
Power of attorney
Foreign Company Branches
Limited Liability Company (LLC)
Single Member Limited Liability
Company (SMLLC)
Joint Stock Company (JSC)
The Journey of the Foreign Investor inEstablishing an Investment Entity
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Online File Reading Issuance ofMunicipal License
Issuance ofDirector General’s Visa
issuance ofCommercial Registration Opening of a Bank Account
• Sketching the location and office and their coordinates
• Construction license• Building completion certificate• Lease contract - Power of
Attorney• A picture of the office from the
outside
In a local bank to deposit the capital
(Optional)
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Toll-free telephone number from Saudi Arabia (8002449990)
Customer service from around the world (+966112035777)
Email us at [email protected]
For inquiries about the status of transactions and applications registered at SAGIA, please log in to the establishment online account on SAGIA website (www.sagia.gov.sa) or visit the inquiries section for applications submitted through business centers.
For complaints, inquiries, proposals and objections, please visit SAGIA website (www.sagia.gov.sa), log in to the Entity online account and submit your application. If you have no account, you can use the general inquiry form on the contact us page.
CONTACT US:
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For investment opportunities, visit INVESTSAUDI.SA
To visit SAGIA’s business centers:
Riyadh (Head Office)Riyadh - Imam Saud bin Abdul Aziz bin Mohammed Road after the intersection of Al-Takhasusi Street to the west
JeddahJeddah - Prince Sultan Road after the intersection of Al Amal Street North
DammamDammam - Khobar Highway, Eastern Region Cement Towers, Ground Floor
MadinaAl Munawwarah- King Abdullah road - King Abdulaziz roundabout “Tabah” - Comprehensive Service Center beside Investment Bank
JubailIndustrial Jubail - Royal Commission in Industrial Jubail
