The Prime Minister Issues Rules for

On 31 December 2018, the Prime Minister issued a decree (the “Decree”)[1] with the procedures for submitting a complaint by a company or non-government organization against administrative decisions that are issued in relation to Financial Leasing and Factoring Law 176 of 2018 (the “Law”).[2] The Law provides for the establishment of one or more petition committees for that purpose. The committees are established by a decision from the relevant minister (currently the Minister of Investment). They must be headed by a State Council Deputy and include in their formation two justices from the State Council – chosen by the Chairman of the Council – a representative from the Financial Regulatory Authority (“FRA”), and an expert that is chosen by the Minister of Investment. A representative from the Ministry of Social Solidarity is added to this composition in the event that the complaint is submitted by a non-governmental organization. Complaints may be submitted before a petitions committee within one month from the date of being notified of the administrative decision or from the date of knowledge thereof. The Law further provides that the committee must issue its decision within 30 days from the date of receiving all requested data and documentation. Importantly, a law suit may not be filed through the competent court prior to exhausting the route of the petitions committee. The Decree states that a complaint can be submitted to the relevant department at FRA and lists the data that must be submitted alongside the complaint. This includes company (or organization) name, address, and e-mail; the date of the contested decision and the date of knowledge of it, the subject of the complaint, and payment of EGP 20,000. FRA department must enter complaints on a record and provide the complainant with a copy including their complaint number. The company (or organization) must then be notified by registered mail or e-mail of a hearing date; the Decree does not, however, specify a timeline during which the FRA department must get back to the complainant with a hearing date. Once a decision has been made on the complaint, the FRA must inform the complainant within a week from the date of the decision. Both the FLFL and the Prime Minister’s Decree state that if the committee’s decision revokes the contested administrative decision – and after the lapse of the timeline for appeal on the committee’s decision – or if the decision is otherwise revoked by court order, the FRA returns the EGP 20,000. Finally, FRA is to issue further procedures in implementation of the Prime Ministerial Decree.   [1] Prime Ministerial Decree No. 2805/2018 on the procedures for submitting a complaint by a company or a non-governmental organization against administrative decisions that are issued in relation to Law No. 176/2018 regulating financial leasing and factoring activities, Official Gazette, Issue No. 52 (bis) (c), 31 December 2018. [2] Law No. 176/2018 regulating financial leasing and factoring activities, Official Gazette, Issue No. No. 32 (bis) (c), 14 August 2018.