Kuwait Court of Cassation principle number 1320

The contract of a limited liability company. Official form is an essential constituent element of it, of a contract by which any partner assigns his share therein, and of the power of attorney issued to another to execute it. Contravention of this. Its effect. Absolute nullity, which may be invoked by any interested person, whether a contracting party or a third party, and which the court may declare of its own motion. - An official instrument. Its nature. - A public official. What is meant thereby in relation to drawing up commercial company contracts. The notary public. - An official document. Its nature. - Documents on which the notary public certifies the signatures of the persons concerned. Private documents. The reason for this. Mere certification of signatures does not confer official status upon them within the meaning of the law. This is not altered by certification being subject to certain formalities and procedures concerning authentication of official documents. Example of authorising a partner to sell a share under a power of attorney bearing a certified signature. - 273 - Obligation