Kuwait Court of Cassation principle number 2628

The memorandum of incorporation and articles of association of joint-stock companies must be drawn up in an official instrument. The founders’ authorisation of others to conclude the company contract. Its necessary consequence. These powers of attorney must be embodied in official instruments. Official form is an essential element of the contract and the power of attorney. Its omission results in nullity. This pertains to public policy. The consequences thereof. There is no basis for invoking Article 186/2 of the Civil Code. The reason for this.