How to Setup a Business in Saudi Arabia as a Foreign Company Step 2
Filing the Memorandum of Association (MoA)
After obtaining the investment license, the next step in setting up the business is filing the Memorandum of Association (MoA) with the Ministry of Justice. This filing establishes the legal standing in Saudi Arabia which is a prerequisite to apply for the Commercial Registration (CR) through the Ministry of Commerce. The MoA outlines typically outlines the legal structure, business activities, capital distribution, ownership percentages, and the roles and responsibilities of shareholders or partners. In the case of foreign branches, this step is generally replaced by a board resolution authorizing the establishment of the branch within the Kingdom.
Filing Process and Access Requirements
Filing the MoA is conducted through the Ministry of Justice’s digital platform. As the system requires Nafath access—Saudi Arabia’s unified national digital ID system—the application must be submitted by an individual with local credentials. For foreign entities, this usually means issuing a Power of Attorney to a local representative authorized to act on behalf of the company. This representative could be a legal advisor, consultant, or service provider familiar with the process.
Because filing the MoA requires proper legal formatting, accurate translation of business terms, and alignment with local regulatory expectations, it is an involved process that often benefits from support from experienced local service providers. AK Launch can support you by drafting the MoA in line with the Saudi legal standards, handling required revisions, and ensuring a compliant and prompt filing.
