The
English version of this document is for guidance only.
The Arabic version is the governing text.
Article
1 :
Every
merchant shall keep the commercial books required by the nature
and importance of his trade in a way that shows his exact
financial status and the rights and obligations pertaining
to his trade. These Books shall be in order and in Arabic.
He shall also keep at least the following books:
Journal in its original form
Inventory Book
General Ledger
Exempted
from keeping these books is the merchant whose capital does
not exceed one hundred thousand riyals.
Article
2 :
Establishments
and companies which use computers for their accounts may electronically
store the data of the commercial books. The Implementing Regulations
shall specify the procedures and rules that ensure the accuracy
and security of the data stored.
Article
3 :
All
financial transactions carried out by the merchant and his
personal withdrawals shall be recorded in the original Journal
on a daily basis in detail, except for personal withdrawals
which may be recorded in total, month by month. The merchant
may also use subsidiary journals to record the details of
different kinds of financial transactions. In this case only
the total of these transactions is recorded in the original
Journal, on regular intervals, based on these journals. If
this procedure is not followed, each subsidiary journal shall
be deemed an original journal.
Article
4 :
Details
of the goods available with the merchant at the end of his
fiscal year shall be recorded in the Inventory Book, or an
overall summary of such goods, if the details are recorded
in separate books or lists. In this case, these books and
lists shall be deemed complementary to the said Book. A copy
of the annual statement of the financial position of the merchant
shall also be recorded in the Inventory Book, if the same
is not recorded in another book.
Article
5 :
Financial
transactions of similar nature shall be carried forward from
the Journal to the General Ledger in such a way as to make
it possible to deduce the result of each account easily at
any time.
Article
6 :
The
merchant shall keep an exact copy of all correspondence and
documents relating to his trade, issued or received by him,
and shall be kept in a regular way that facilitates review
of the accounting entries, and ensures, where necessary, ascertainment
of profits and losses.
Article
7 :
The
Books provided for in this Law shall conform to the form specified
by the Ministry of Commerce, and the pages of these Books
shall be numbered.
Article
8 :
The
merchant and his heirs shall keep the Books provided for in
this Law and the correspondence and documents referred to
in Article 6 for a period of at least ten years.
Article
9 :
It
is presumed that all entries recorded in the merchant's Books
have been recorded with his knowledge and consent, unless
proved otherwise
Article
10 :
When
considering a lawsuit, the competent judicial authority may
decide, on its own or upon a request by one of the litigants,
the submission of the commercial Books in order to examine
the entries relating to the disputed issue and to make necessary
inferences. In the event the merchant refuses to submit his
commercial Books, the competent judicial authority may deem
his refusal as evidence proving the truth of the facts required
to be proved by the books.
Article
11 :
The
violations of the provisions of this Law and the decisions
issued for its implementation shall be investigated by officers
appointed by a decision of the Minister of Commerce.
Article
12 :
Whoever
violates the provisions of this Law or regulations and decisions
issued for its implementation shall be punished with a fine
not less than five thousand riyals and not exceeding fifty
thousand riyals.
Article
13 :
The
Board of Grievances shall have the jurisdiction to impose
the punishments provided for under this Law.
Article
14 :
Articles
6, 7, 8, 9 and 10 of the Law of Commercial Court issued by
the Order No. 32, dated 15/1/1350H shall hereby be repealed
as well as any other provision conflicting with the provisions
of this Law.
Article
15 :
The
Minister of Commerce shall issue the regulations and decisions
necessary for the implementation of this Law.
Article
16 :
This
Law shall be published in the Official Gazette and shall come
into effect after six months from the date of its publication.
===
|