Kuwait Court of Cassation principle number 2635

Conversion of a company from one legal form to another. Its necessary requirement. Publication thereof in the Official Gazette and in two daily newspapers, the lapse of sixty days from the date of publication, taking the legal procedures necessary for the company's conversion, and annotation thereof in the commercial register. - The legislature's prescription of a particular form for a contract. Its validity is contingent upon fulfilment of that form. Introduction of an amendment to it. That form must be fulfilled. The reason for this: it pertains to public policy. Contravention thereof. Non-existence of the contract or its amendment. Invoking its nullity. Permissible for any interested person. - Joint-stock companies whose shares are not offered for public subscription must be established by an instrument issued by all the founders. Article 94 of the Companies Law. An example.