7 legal reasons for dismissing the endowment supervisor

7 legal reasons for dismissing the endowment supervisor

Endowments hold an important place in Saudi society, as they are a source of goodness and an important source of community development and assistance to those in need without compensation. Therefore, the Kingdom of Saudi Arabia is making tremendous efforts to protect and manage these endowments and fulfill the conditions and desires of donors in a manner that serves the public interest.

Endowments are organized and supervised by endowment supervisors through regulations regulating the work of supervisors under the supervision of the General Authority for Endowments.

The regulations regulate the conditions for appointing the endowment supervisor, his obligations, the reasons for his dismissal, and the procedures for filing a lawsuit against him.

Who is the endowment supervisor?

He is the one who takes care of and manages the endowment on behalf of the donor, whether he is a natural person called “endowment supervisor” or a legal person called “supervisory council”

When assuming responsibility for caring for the endowment, the endowment supervisor is obligated to carry out the following tasks:

• Supervising the management of endowment work.
• Investing in the endowment and collecting returns from it.
• Disbursing financial returns according to the banks specified in the endowment document.
• Implementing the conditions of the donors in a manner that does not violate the provisions of Islamic Sharia and the system.
• Waqf maintenance and repair.
• Adhere to the rules and regulations related to collecting donations and obtain approval from the competent authorities before doing so.
• Take the necessary care to achieve the interest of the endowment.
• Protect the endowment and take the necessary measures to preserve it.
• Representing the endowment before the judicial authorities.

7 legal reasons for dismissing the endowment supervisor

What are the conditions for supervision of the endowment?

When appointing an endowment supervisor, the following conditions are required:

• To be a Muslim.
• To be fully qualified.
• To hold Saudi citizenship.
• Possessing the appropriate knowledge and qualification to manage the endowment and take care of its affairs.
• To be of good conduct and not to have been convicted of a crime related to honor and honesty.
• He must not have been previously removed from the glasses due to a court ruling.
• The appointment of a legal person “company” requires that he or she hold a license from the General Authority for Endowments.

What are the procedures for appointing a supervisor for an endowment?

The donor has the right to undertake the supervision of his endowment or to appoint an endowment supervisor approved by the Authority to undertake the task on his behalf.

The procedures for appointing an endowment supervisor are carried out through the donor’s account on the Najez platform or by communicating with the General Authority for Endowments to complete the appointment procedures, and the decision to appoint the endowment supervisor must include his powers, fees, and responsibilities.

When can the endowment supervisor be removed?

When can the endowment supervisor be removed?

The endowment supervisor is removed by the donor by filing a lawsuit before the Personal Status Court or by the Authority when he violates his obligations stipulated in the system or in the endowment document and does not adhere to the controls and procedures regulating the endowment.

Conditions for dismissing the endowment supervisor

• The endowment supervisor suffers from insanity or a terminal illness.
• His inability to manage the endowment.
• dishonesty.
• His lack of knowledge of the provisions of the endowment.
• Using the endowment for his personal interests.

Is it permissible to change the endowment supervisor?

The ruling on dismissing the endowment supervisor is permissible if there are legitimate reasons for his dismissal, and he may be replaced by another supervisor in accordance with the provisions of the regulations regulating the supervision’s work.

7 legal reasons for dismissing the endowment supervisor

What are the reasons for dismissing a Waqf supervisor?

The General Authority for Endowments has the authority to dismiss the endowment supervisor if he commits one of the following violations:

1. The supervisor commits any crime stipulated in the system or by assuming supervisory duties.
2. Proof that the supervisor violated the donor’s condition in the endowment banks.
3. The supervisor mixed the endowment funds with the funds of others.
4. Proof of the occurrence of fictitious actions by the supervisor in the name of the endowment for the purpose of circumventing the regulations.
5. Proof that the supervisor refused to open a bank account in the name of the endowment without justification.
6. Proof of the supervisor’s violation of the relevant regulations regarding the disposition of the original endowment.
7. It was proven that the supervisor refused to enable the Authority to conduct inspection and oversight of the endowment and did not provide it with the necessary documents and papers.

What are the procedures resulting from the dismissal of the endowment supervisor?

• Inform the supervisor of the dismissed endowment and all parties dealing with the endowment of the decision to dismiss the supervisor.
• All documents related to the endowment are amended.
• Notifying the Saudi Central Bank and the Capital Market Authority to cancel the authorization granted to the dismissed endowment supervisor.
• Appointment of an alternative endowment supervisor.
• Obligating the dismissed supervisor to take the following measures:
  • Disclosure of all endowment assets, documents and data related to the endowment.
    • Submit all documents and everything related to the endowment to the alternate supervisor.
      • Update the endowment registration certificate.

What are the procedures for filing a lawsuit to dismiss a suspended supervisor from Najez?

What are the procedures for filing a lawsuit to dismiss a suspended supervisor from Najez?

The donor can file a lawsuit to dismiss the endowment supervisor through the Najez platform of the Ministry of Justice by following the following steps:

• Log in to the Najez platform via the national unified access.
• From the home page, click on the “Eliminate” icon
• Selection “claim newspaper”
• Click on the icon “new request”
• Choosing the main classification of the lawsuit “personal status”
• Select subcategory “Endowments and Wills Claims”
• Choosing the type of lawsuit “dismissing the supervisor of an endowment or will.
• Fill in the required data and attach documents supporting the lawsuit.

7 legal reasons for dismissing the endowment supervisor

It is important to use the services of a lawyer in endowment cases before taking any legal action, especially when appointing an endowment supervisor.

A specialized lawyer from the office of Attorney Abdul Majeed Al Rashid will study and analyze the case, provide legal advice on the endowment document and review its provisions, draft legal memoranda and defenses, represent the client before government committees and agencies, attend sessions before personal status courts on behalf of the client, follow up on bond implementation procedures, executive rulings, and other services.

Lawyer Abdul Majeed Al Rashid’s office is your shield and legal security.