Kuwait Court of Cassation principle number 2233

The contract of a limited liability company. Official form is an essential element thereof, of a contract assigning any partner's share therein, and of the power of attorney issued to a third party to execute it. Contravention thereof. Its effect. Absolute nullity of the contract. It may be invoked by any interested person, whether one of the contracting parties or a third party, and the court may rule upon it of its own motion. The reason therefor. - An official document. Its nature. - A public official. The meaning thereof in relation to executing contracts of commercial companies. The notary public. - An official instrument. Its nature. - Instruments in which the notary public certifies the signatures of the persons 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 the certification being subject to certain formalities and procedures concerning the notarization of official instruments. An example of authorizing a partner to sell a share under a power of attorney bearing a certified signature.