Kuwait Court of Cassation principle number 88

The requirement of the law obliging the administrative authority to take a particular course is that the interested party attach certain documents. His failure to submit these documents despite the administrative authority's notification to him that they must be submitted. Effect: the administrative authority is not obliged to take the measure, and no negative conduct is attributable to it. - Decree No. 1 of 1959 concerning the Commercial Register system specifies the particulars that must be recorded when registering commercial companies. Condition thereof: registration or amendment of its particulars shall not take place unless it satisfies the conditions specified by the Decree and its implementing regulations. Among them is the presence of the quorum by virtue of which the company's ordinary or extraordinary general assembly achieves a valid meeting in accordance with Articles 155, 156 of Commercial Companies Law No. 15 of 1960. - The challenged judgment's treatment of the administrative authority's waiting to effect registration until completion of the particulars - 31 - Administrative required 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 as a result of which registration of the particulars of this assembly had become without object. This vitiates it and requires its cassation. In social insurance matters