Kuwait Court of Cassation principle number 2633

The memorandum of association of a limited liability company, an agreement amending it, or an agreement assigning partners’ shares therein. It must be written in an official instrument for the transaction to be constituted. Failure to do so. Its effect. Absolute nullity of the contract. The judgment’s declaration that the respondent is a partner in the company contrary to what is established in the memorandum of association recorded in an official instrument. A violation of law and an error in its application requiring cassation.