Kuwait Court of Cassation principle number 1986

The contract of a limited liability company. Official form is an essential element thereof, of a contract by which any partner transfers his share therein, and of a power of attorney issued to another for its execution. Contravention thereof. Its effect. Absolute nullity of the contract. Any interested party, whether a contracting party or a third party, may invoke it, and the court may declare it of its own motion. The reason therefor. - Instruments on which the notary public certifies the signatures of the parties concerned. Private instruments. The reason therefor. Mere certification of signatures does not confer official status upon them within the meaning of the law. This is not altered by certification being subject to certain formalities and procedures concerning authentication of official instruments. Example of authorising a partner to sell a share under a power of attorney bearing a certified signature.