Kuwait Court of Cassation principle number 498

A foreign company pursuant to Law 5 of 1961 regulating legal relations containing a foreign element is an economic enterprise possessing independent legal personality. The law applicable thereto. The state's sole ownership of its capital or its conduct of its activities under state supervision. This does not affect its possession of that personality. The condition therefor: registration of the instrument of incorporation or reorganisation of the company with the regional court within whose district the company's head office is situated, publication of the court's decision thereon in the Official Gazette, and the date of publication being the date relied upon in recognising the incorporation or reorganisation. The appealed judgment's departure from the foregoing view. It vitiates it and requires its cassation. Example. - Companies' possession of independent legal personality. Its necessary consequence: their separate financial patrimony from the state. The effect thereof.