Kuwait Court of Cassation principle number 47

The contract of a limited liability company. Authentic form is an essential element thereof, of a contract whereby any partner assigns his share therein, and of a power of attorney issued to another to draw it up. Contravention thereof and its effect. Absolute nullity of the contract. It may be invoked by any interested person, whether a contracting party or a third party, and the court may declare it of its own motion. The reason therefor. - Instruments in which the notary public certifies the signatures of the persons concerned. Private instruments. The reason therefor. Mere certification of signatures does not confer authentic status upon them within the meaning of the law. - 12 - Civil Procedure. This is not altered by the certification being subject to certain formalities and procedures concerning the authentication of authentic instruments. An example of authorizing a partner to sell a share under a power of attorney bearing a certified signature.