Kuwait Court of Cassation principle number 1434

Formation of a limited liability company or any amendment thereto. Must be embodied in an official instrument. Reason therefor: it is a matter of public order. Contravention thereof. Non-existence of the contract. Its effect. Any interested party may invoke its nullity, and the court may rule on it of its own motion. Its implication. The power of attorney for any amendment to this company’s contract must take official form. - A partner’s assignment of his interest in a limited liability company. Its implication. The amendment to the company’s memorandum of association must be embodied in an official instrument and entered in the commercial register. Reason therefor. - Official instrument. Its nature. Example concerning failure to embody the amendment of the company, a partner’s assignment of his interest therein and the admission of others in an official instrument. - Condition for the existence of the company (intention to participate in an activity involving risk):-