Kuwait Court of Cassation principle number 816

Decree No. 1 of 1959 concerning the Commercial Register system specifies the particulars to be recorded upon registration of commercial companies. The condition thereof: registration or amendment of its particulars may occur only if it satisfies the conditions - 245 - Administrative specified by the Decree and its implementing regulations. These include the presence of the quorum required for a valid meeting of the company’s ordinary or extraordinary general assembly pursuant to Articles 155 and 156 of Commercial Companies Law No. 15 of 1960. - The challenged judgment’s treatment of the administrative authority’s delay in making the registration pending completion of the required particulars as a negative decision refusing registration, and its failure to examine the subsequent change in the circumstances of the board of directors sought to be recorded, whereas a new factual situation had arisen resulting in registration of the particulars of this assembly becoming without purpose. This vitiates it and requires its cassation.