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Introduction:
Establishment of the first stock company in the Kingdom goes back to
the third decade of the 20th century, but stock trading
found its way in the Kingdom by the end of the nineties, which
witnessed substantial increase in the number of stock companies. In
the year 1403H (1984), a Royal decree was promulgated for regulating
of stock trading through local banks, and forging of ministerial
panel for supervision of the market, which has among its members the
Minister of Finance, the Minister of Commerce and the governor of
Saudi Monetary Agency. The Saudi Monetary Agency was entrusted with
day-to-day control and supervision of the market activities,
effective as from the first half of 1405H. In the year 1990, the
first electronic integrated system, known by the name of ESIS, was
introduced for settlements and clearing, and launching of TADAWUL
system in October 2001 with its cut-edge technology added new
dimensions to trading system. As a part of the extensive regulatory
developments which are mainly designed for keeping pace with the
world developments, and for enhancing of the investment environment,
the Kingdom has reviewed and upgraded many of the already existing
regulations and systems, and new regulations, that cope with the
development and modernization process, were issued. At the top of
these regulations is the enactment of the "Capital Market Law",
which is mainly designed for restructuring of the capital market at
the Kingdom, benefiting from the most up to date international
applicable standards.
Capital Market Law
The "Capital Market Law" was promulgated by Royal Decree No. (M/30)
dated 2/6/1424H, coinciding with 31/7/2003, and was put into effect
after (180) days from publication thereof in the official gazette.
The law is mainly designed for restructuring of the capital market
in the Kingdom by introducing of new concepts that may contribute
towards protection of investor, enhancing of the confidence in the
market and attract more investors, which shall be positively
reflected on the disclosure process and market fairness and
transparency. For the first time, the law provides an umbrella and
integrated regulatory reference for the market, that explains
structures, regulatory, supervisory and operational entities and
clearly define their duties and powers, by separation between the
control and supervisory and operational role of the market, through
creation of new firms and dispute settlement committees as follows:
1)
Capital Market Authority.
2)
Capital Market (Securities Market).
3)
Depositary.
4)
Securities Disputes Settlement Committee.
5)
Appeals Committee.
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