The Draft Enforcement Law Implementing Regulation: What It Means for a Business Collecting an Unpaid Invoice

What is open for consultation, and what it does not mean yet

The implementing regulation is the text that sets out how the provisions of the law are applied in practice. What is on the table today is a draft of that regulation, prepared by the Ministry of Justice and posted on the Istitlaa platform, which lets the public and the government and private sectors comment on draft laws and regulations before they are adopted. Drafts of this kind usually aim to make enforcement procedures more efficient, deliver rights to their holders faster, and keep pace with digital transformation, while respecting the basic rights of the person enforced against.

• The draft is not a regulation in force, and no step or decision should rest on it before it is adopted and officially published.
• Until the regulation is issued in its final form, the reference remains the rules currently in force and the practice of the enforcement courts and the Najiz portal.
• Any figure, deadline or monetary threshold you read in the news attributed to the draft is a proposal that may change, so do not rely on it in your planning.
• The consultation is open until 29 September, after which the ministry reviews the comments before adoption.

What may change for a business collecting through Najiz and Nafith

The usual collection path for a small business has two stages. The first comes before enforcement: an amicable request, then a final demand letter, then obtaining an enforceable instrument, whether a promissory note documented through the Nafith platform, a court judgment, or another document the law treats as enforceable. The second is enforcement itself: filing the enforcement request through the Najiz portal, followed by notifying the debtor and the steps to disclose and seize the debtor's assets. An invoice on its own is usually not an enforceable instrument; it is evidence of the debt, and you need one of those instruments alongside it.

A new implementing regulation can affect both stages. According to what has been announced about the project's objectives, the draft moves toward more detailed rules for financial enforcement, wider reliance on digital channels, and a clearer balance between fast collection and protecting the debtor. In practice, these are the points worth watching once the final text is adopted:

• The conditions for accepting promissory notes and bills of exchange as enforceable instruments, including any requirement to register or document them electronically on approved platforms such as Nafith.
• Any prior notice the creditor may be required to send the debtor before filing the enforcement request in certain cases.
• The rules on measures that affect the debtor personally or affect the debtor's essential assets, and any limits or exceptions attached to them.
• The tools for disclosing and tracing the debtor's assets, and what they may mean for the speed of collection.

We do not state any figures, deadlines or monetary thresholds from the draft here, because they are proposals not yet adopted, and a guide a business owner relies on should not present a proposal as a rule. We will update this guide when the regulation is issued in its final form.

Why the claim file should be prepared now, not after the regulation is issued

Whatever the final wording, the direction is clear: enforcement is becoming more digital and more reliant on well-organised documents. A business that reaches the enforcement stage with an incomplete file loses time it cannot recover, whatever the rules. An organised file, on the other hand, works under any final version of the regulation, because it rests on elements that do not change: proof of the debt, proof of the demand, and proof that the debtor was given a chance to pay.

1. Gather the debt documents: the contract or purchase order, the invoice, and proof of delivery or of the service performed.
2. Reconcile the amount claimed with the statement of account, and separate the principal from any other amounts you intend to claim.
3. Send a written final demand letter that identifies the debt and the payment deadline, and keep proof of delivery.
4. If the debtor responds, document the commitment in writing through an acknowledgment of debt or a promissory note on Nafith rather than verbal promises.
5. If the debtor does not respond, review the file with your lawyer to identify the available enforceable instrument and the right route before filing through Najiz.

The final demand letter: what it must establish in your file

The final demand letter is the first document in your file showing that you clearly claimed your right before escalating. Its value comes not from its tone but from its precision: it identifies the debt beyond any doubt, links it to its documents, gives the debtor a clear deadline, and states the next step without threats or exaggeration. A good letter serves you twice: it may lead the debtor to pay without a dispute, and if not, it becomes part of an organised file that is easy to build on.

• The details of both parties as they appear in the commercial register or ID, without abbreviations that could open a dispute over the debtor's identity.
• A description of the debt: the invoice number, date and basis, and the amount due in riyals written in figures and words.
• A payment deadline set by a clear date, with the payment method and account details.
• A calm statement that you will take the available legal steps if payment is not made, without citing penalties or unconfirmed figures.
• A delivery method you can prove, keeping a copy of the letter and proof of delivery in the file.

Template B-01 in the Sighaty debt collection pack brings these elements together in a bilingual letter you can fill in minutes, prepared by a licensed Saudi lawyer and kept current with the law. It is complemented by the acknowledgment of debt B-04 if the debtor admits the debt, and the Nafith promissory note guide B-05 if you agree on an enforceable instrument. The templates remain certified drafts and a strong starting point, not a substitute for advice on a specific dispute, and the Arabic text prevails in case of any difference.

How to take part in the consultation and follow the final text

Public consultation is a real opportunity for small business owners, because they live the day-to-day details of collection more than anyone: a small overdue invoice, a client who promises and does not pay, and valuable time lost in follow-up. A clearly written comment from a business with this experience has value when the draft is reviewed.

1. Read the draft on the Istitlaa platform before 29 September, focusing on the parts that affect a commercial creditor.
2. Write your comments from your own experience: where claims stall in practice, and what would speed them up without harming the debtor's rights.
3. Once the final text is issued, review your open claim files with your lawyer to align them with the adopted rules.

Frequently asked questions