The Commercial Companies Law No. 15 of 1960, as amended, and the Commercial Law No.68 of 1980, which contains the provisions of particular significance to foreigners, regulate the various types of business organizations that can be established in Kuwait.
Articles 23 and 24 of the Kuwaiti Commercial Law state the basic principles for practicing business in Kuwait. The Article 23 provides that non-Kuwaiti can not engage in any commercial activity without having a Kuwaiti partner whose equity holding must be at least 51%. Furthermore, Article24 explained that a foreign company can not establish a branch in Kuwait or it may not engage in any commercial activities in Kuwait except through a Kuwaiti Agent.
“But it must be remembered that the aforesaid law does not prevail in case of 100% foreigner’s investment capital under Foreign Investment Law. The Foreign Investment Law is a special law, which was passed on17th April2001 by the Govt. of Kuwait under the special provision of “Law No.8 of 2001 Regulating Direct Foreign Investment in the State of Kuwait” to attract foreign investment in Kuwait, because the Govt. is keen to increase non-oil activities under which foreign investors are permitted to conduct their business in Kuwait under up to 100% foreign ownership of business entities in certain approved sectors.”
Dr. Khaled Al-Yaqout Law Firm is a leading advisor on all aspects of doing business in Kuwait and GCC Countries. We advise our overseas clients how to setup their businesses in Kuwait and other GCC countries and the legal ramifications of all the peripherals issues involved in the process of this field of law. Advice on these matters generally focuses on the regulations surrounding the importation and exportation of goods in different jurisdictions. Our Lawyers have vast experience in dealing with all forms of companies in Kuwait as well as in Gulf region. We represent a wide range of companies including State Bodies and Institutions, Kuwaiti Share Holding Companies (KSC), Banks and Investment Companies, Contracting Companies & Establishments, Foundations, Associations, Unions and Clubs, Diplomatic Missions, Regional and International Organizations etc. We have considerable experts in this area of practice and maintain good relations with Private and Government Sectors. We also advise our overseas clients for making their corporate establishment and investment in the State of Kuwait & Gulf region.