Kuwait Court of Cassation principle number 738

Limited liability companies. All their papers and printed materials must contain particulars leaving no room for doubt as to their type, identifying them, and stating their capital. Omission of these particulars. Its effect. The company’s managers are jointly and severally liable out of their personal assets towards a third party deceived as a result of the omission of these particulars. The condition for this. The third party must sustain damage as a result, and the company’s own assets must be insufficient. The reason for this. - The judgment ordering the appellants, as managers of the company, to compensate the appellant although he did not allege that he had sustained damage from the omission of the particulars from the company’s papers and did not allege that the company’s assets were insufficient to discharge its outstanding indebtedness. This vitiates it and requires its partial cassation.