Kuwait Court of Cassation principle number 3565

The contract of a limited liability company. Official form is an essential element thereof, of a contract by which any partner transfers his share therein, and of a power of attorney issued to another to execute it. Contravention thereof: its effect. Absolute nullity of the contract. Any interested person may invoke it, whether a contracting party or a third party, and the court may rule upon it of its own motion. The reason for this. - Instruments in which the notary authenticates the signatures of the persons concerned. Private instruments. The reason for this. Mere authentication of signatures does not confer official status upon them within the meaning of the law. This is not altered by authentication being subject to certain formalities and procedures concerning the notarisation of official instruments. An example of authorising a partner to sell a share pursuant to a power of attorney bearing an authenticated signature.