Harmonising Legal and Sharia Principles in Foreign Investment: The Regulatory Framework of Subsidiaries in Saudi Arabia

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Authors: Saud H. Alharthi, Hajed A. Alotaibi
Cited by: 2

Abstract

This paper examines how Saudi Arabia’s updated investment regime (2024-2025) and Sharia principles jointly shape the legal and economic environment for establishing subsidiaries. Using a mixed-methods research design, the study combines doctrinal analysis of primary legal sources: the investment laws of 2024 and the implementing regulations of 2025 the 2022 Companies Law. We also considered relevant macroeconomic determinants that inform the foreign direct investments and empirical assessments that adopted the time series data for the period 1960 to 2023. As a finding, this research found that the new Investment Law guarantees equal treatment for domestic and foreign investors and shifts most activities from a licensing model to a streamlined, registration-based entry system, while maintaining approval requirements for sensitive sectors. The 2022 Companies Law enhances structural flexibility by permitting single-member LLCs, modernising governance rules, and removing earlier constraints on shareholder numbers. These changes collectively support holding-company and subsidiary formation.

Fields of Study & Subjects

Socioeconomic Development in MENA Islamic Finance and Banking Studies International Arbitration and Investment Law

Publication details

Journal / source
Jurnal Ilmiah Hukum LEGALITY
Publisher
Universitas Muhammadiyah Malang
Volume
34
Issue
1
Pages
162–182
Publication date
16 March 2026