Kuwait Court of Cassation principle number 2596

Conversion of a company from one legal form to another. Its requirements. Publication thereof in the Official Gazette and in two daily newspapers, the lapse of sixty days from the date of publication, completion of the legal procedures necessary for the company's conversion, and annotation thereof in the Commercial Register. - The legislature's prescription of a particular form for a contract. Its validity is conditional upon compliance with that form. Introduction of an amendment thereto. The requirement that it comply with that form. The reason for this: it is a matter of public policy. Contravention of this. Nonexistence of the contract or its amendment. Invoking its nullity. Permissible for every interested party. - The requirement that joint-stock companies whose shares are not offered for public subscription be incorporated by an instrument issued by all the founders. Art. 94 of the Companies Law. Example.