الحماية القانونية لحق المساهم في الإعلام أنموذجا لأحد ضمانات النزاهة: دراسة تحليلية في نظام الشركات السعودي

الملخص EN

The right of shareholders in joint-stock companies to access information is one of the integrity guarantees established by the Saudi Corporate Law, as issued by Royal Decree No.

(M/132) dated 1/12/1443 AH.

The researcher examined the provisions of this Law and analyzed them to extract the concept of this right, the regulatory framework for its enforcement, the establishment of executive rules, and the protection mechanisms in place for this right.

The researcher found that the law protects this right through multiple means.

It explicitly safeguards it by specifying the shareholder's right to access the company's records and documents, including the right to be informed about their attendance at the General Assembly meeting and participation in its deliberations.

It further protects this right by establishing practical rules that ensure the shareholder's access to this right and considers it a fundamental right that cannot be denied, as its rules are imperative and cannot be overridden.

Additionally, it provides for both civil and criminal penalties that deter anyone from infringing upon this right in any form.

This led the researcher to conclude that the Saudi regulator adheres to the principle of broad protection of shareholders' right to information.

Despite the above, the research identified shortcomings in this protection that necessitate regulatory intervention to amend some provisions or add new ones to align with the principle of strengthening and expanding protection for shareholders' right to information.