Kuwait Court of Cassation principle number 1664

The formation of a limited liability company or any amendment made to it. The requirement that it be embodied in an - 291 - Commercial official instrument. The reason for this: it is a matter of public policy. 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. The implication thereof. The official form must be observed in the power of attorney for any amendment to this company’s contract. - A partner’s assignment of his interest in a limited liability company. Its implication. The amendment of the company’s memorandum of incorporation must be embodied in an official instrument and entered in the commercial register. The reason for this. - An official instrument. Its nature. An example concerning failure to embody the amendment of a company, a partner’s assignment of his interest therein, and the admission of others in an official instrument. - Termination, liquidation and dissolution of the company:-