Kuwait Court of Cassation principle number 153

The memorandum of incorporation and articles of association of joint-stock companies must be drawn up in an official instrument. The founders authorizing others to conclude the company contract. Necessarily requires those powers of attorney to be embodied in official instruments. Official form is a constituent element of the contract and the power of attorney. Its omission entails nullity. This relates to public order. The consequences thereof. There is no basis for invoking Article 186/2 of the Civil Code. The reason for this.