Kuwait Court of Cassation principle number 46

The memorandum of incorporation and articles of association of a joint-stock company must be drawn up in an official instrument. If the founders authorise others to conclude the company’s contract. It is necessary that these powers of attorney be embodied in official instruments. Official form is an essential element of the contract and the power of attorney. Its omission entails nullity. This relates to public policy. The consequences of this. There is no basis for relying on the provision of Article 186/2 of the Civil Code. The reason for this.