Kuwait Court of Cassation principle number 1330

Decree No. 1 of 1959 concerning the commercial register system specifies the particulars that must be recorded when registering commercial companies. The condition for this: registration or amendment of its particulars may not take place unless it satisfies the conditions prescribed by the Decree and its implementing regulations. These include the presence of the quorum by which the company’s ordinary or extraordinary general assembly meeting becomes valid pursuant to Articles 155, 156 of Commercial Companies Law No. 15 of 1960. - The challenged judgment’s treating the administrative authority’s waiting to effect registration until the required particulars were complete as a negative decision refusing registration, and its refusal to examine the change that had occurred in the circumstances of the board of directors sought to be recorded, whereas a new factual situation had arisen as a result of which registration of the particulars of this assembly had become without object. Vitiates it and requires its cassation.