Kuwait Court of Cassation principle number 3916

Limited liability companies. All their documents and printed materials must contain particulars leaving no room for doubt about their type, identifying them, and stating their capital. Omission of these particulars. Its effect. Joint and several liability of the company’s managers in their personal assets toward third parties deceived as a result of the omission of these particulars. The condition thereof. That the third party suffer harm as a result and that the company’s own assets be insufficient. Reason therefor. - The judgment obliging the appellants, as managers of the company, to compensate the appellant although he did not allege that he had suffered harm from the omission of the particulars in the company’s documents and did not allege that the company’s assets were insufficient to discharge its outstanding indebtedness. Renders it defective and requires its partial cassation. - 724 - Obligation