Kuwait Court of Cassation principle number 3101

Formation of a limited liability company or any amendment made thereto. The requirement that it be embodied in an official instrument. The rationale: it is a matter of public policy. Contravention thereof. Nonexistence of the contract. Its effect. Any interested party may invoke its nullity, and the court may rule on it of its own motion. The implication thereof. The official form must be satisfied in an agency for any amendment to this company's memorandum of association. - A partner's relinquishment of his share in a limited liability company. Its implication. The amendment to the company's memorandum of association must be embodied in an official instrument and entered in the commercial register. The rationale for this. - Official instrument. Its nature. An example concerning the failure to embody the amendment of the company, a partner's assignment of his share therein, and the admission of others in an official instrument.