المسؤولية القانونية لمدير شركة الشخص الواحد في النظام السعودي : دراسة مقارنة مع القانون الأردني

Abstract

This study, which is titled "The Legal Responsibility of the Manager of a Single Person Company in the Saudi Law, a Comparative Study with the Jordanian Law" deals with the knowledge of the legal responsibility of the manager of a single person company, with mentioning the legal articles that were inferred by the regulations. The study dealt with a number of objectives that answered these inquiries including the clarification of the civil responsibility of the manager of a single person company in the Saudi Law and Jordanian law and when it is achieved. It also dealt with the criminal responsibility of the manager of the single person company and mentioned the most important crimes of the manager of the single person company that has a connection in its nature and discussing it with the Saudi Law and comparing it with the Jordanian law. In this study, the researcher used the analytical, deductive, and comparative approach to reach possible solutions about presenting the problem, and through that the researcher reached several findings. The most important was that the Saudi regulator did not single out a legal regulation for a single person company like the rest of commercial companies. It also reached to the basis of the civil responsibility, which is the existence of damage; whereas the basis of the criminal responsibility is perception and choice, as well as that the effects of civil responsibility of the manager of a single person company are compensation for the damage resulting from the breach of an obligation established in his responsibility. The study provided several recommendations. The most important was that the Saudi regulator should impose strict control on the company by constantly reviewing its records, documents and financial statements, and setting special conditions for those who wish to establish a single person company, including examining his credit record in (SIMAH), as well as setting a minimum capital for the establishment of a single person company of no less than five hundred thousand riyals. The study also recommended that the Saudi regulator should add a fourth case in article 155 in the companies' law, so that the person who owns the limited liability company is responsible in his own funds for the company's obligations against third parties who deal with him in the name of the company as stated “If he commits - in bad faith - acts of fraud, or negligence and that led to the bankruptcy of the company".