Kuwait Court of Cassation principle number 1594

The contract of a limited liability company. Official form is an essential element thereof, of a contract by which any partner assigns their interest therein, and of a power of attorney granted to another person to execute it. Contravention thereof. 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 rule upon it of its own motion. The rationale thereof. - An official instrument. Its nature. - A public official. What is meant thereby in relation to the execution of commercial company contracts. The notary public. - Instruments on which the notary public certifies the signatures of the persons concerned. Private instruments. The rationale thereof. Mere certification of signatures does not confer official status upon them within the meaning of the law. This is not altered by the certification being subject to certain formalities and procedures concerning the authentication of official instruments. An example of authorizing a partner to sell an interest under a power of attorney bearing a certified signature.