Kuwait Court of Cassation principle number 1321

Formation of a limited liability company or any amendment thereto. The requirement that it be embodied in an official instrument. The reason for that: it is a matter of public policy. Contravention of that. Non-existence of the contract. Its effect. Any interested person may invoke its nullity, and the court may rule on it of its own motion. The import of that. The power of attorney for any amendment to this company's contract must satisfy the requirement of official form. - A partner's assignment of his interest in a limited liability company. Its import. The amendment of the company's memorandum of association must be embodied in an official instrument and registered in the Commercial Register. The reason for that. - An official instrument. Its nature. Example concerning failure to embody the amendment of the company, a partner's assignment of his interest therein, and the admission of others in an official instrument.