Kuwait Court of Cassation principle number 1334

The contract of a limited liability company or any amendment introduced thereto. It must be embodied in an official instrument. Contravention thereof. Its effect. Absolute nullity. The reason for this: it is a matter of public policy. - Official form is required for amending the contract of a limited liability company and for the power of attorney issued by its founders for its conclusion. - A partner’s relinquishment of his share in a limited liability company. The amendment to the company’s memorandum of association must be embodied in an official instrument and entered in the Commercial Register. The reason for this. - Rules governing consular representation. Their source is the rules of public international law. The customary functions of consular missions. Consuls acting as notaries of contracts, registrars of civil status, and exercising certain functions of an administrative nature for their nationals in accordance with national laws, unless they conflict with the laws of the receiving State. - The State of Kuwait’s accession to the Vienna Convention on Consular Relations drawn up on 24/2/1963 pursuant to Law 24/1975 issued on 29/6/1975. Its effect. The consul of the State of Kuwait abroad is a public official entrusted - 276 - Obligation by law with performing notarisation functions. The meaning thereof. An instrument notarised by him is an official instrument issued by an official competent to notarise such instruments. Cause of the contract: