Kuwait Court of Cassation principle number 3566

Formation of a limited liability company or any amendment thereto. The requirement that it be embodied in an official instrument. The reason therefor: it is a matter of public policy. Contravention thereof. Non-existence of the contract. Its effect: any interested party may invoke its nullity - 699 - Agency and the court may declare it of its own motion. The implication thereof. The official form must be observed in an agency for any amendment to this company’s contract. - 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 reason therefor. - An official instrument. Its nature. Example concerning failure to embody the amendment of the company, a partner’s relinquishment of his share therein and the admission of others in an official instrument.