Kuwait Court of Cassation principle number 221

A foreign company under Law 5 of 1961 Regulating Legal Relations with a Foreign Element is an economic enterprise possessing independent legal personality. The law applicable to it. The State's sole ownership of its capital or its conduct of its activities under State supervision. Has no effect on its possession of that personality. The condition for this: registration of the company's instrument of incorporation or reorganization with the regional court within whose jurisdiction the company's head office is situated, publication of the court's decision thereon in the Official Gazette, and reliance on the publication date for recognition of incorporation or reorganization. The challenged judgment's departure from the foregoing view. Vitiates it and requires its cassation. Example. - 381 - Civil Procedure - Companies' possession of independent legal personality. Its necessary consequence: their patrimony is separate from the State. The effect thereof.