Kuwait Court of Cassation principle number 3913

Limited liability companies. All their papers and printed materials must contain particulars leaving no room for doubt as to their type, identifying them and stating their capital. Omission of these particulars. Effect thereof. The company’s managers are jointly and severally liable out of their own assets towards a third party deceived as a result of the omission of these particulars. Condition therefor. That the third party suffer damage as a result and that the company’s own assets be insufficient. Rationale therefor. - The judgment’s ordering the appellants, as managers of the company, to compensate the appellant although he did not allege that he had suffered damage from omission of the particulars from the company’s papers and did not allege that the company’s assets were insufficient to discharge its outstanding indebtedness. This vitiates it and requires its partial cassation. - A subcontractor’s direct recourse against the employer and the main contractor:-