1. The MOA of the Company and any amendment thereto shall be drafted in the Arabic language and attested by the Competent Authority; otherwise, the MOA or the amendment thereto shall be null and void. If the Memorandum is drafted in a foreign language in addition to Arabic, the Arabic version shall prevail and apply in the State. Attestation by the Competent Authority shall be conducted in person or by electronic signature, as determined by the Competent Authority in this regard. By way of exception, attestation shall be performed before the Notary Public in the cases determined by a decision issued by the Competent Authority. 2. The partners may rely on the nullity arising from failure to draft the MOA or an amendment thereto, or from the failure to attest them, as against one another. However, nullity may not be invoked by the partners against third parties. 3. Where a judgment declaring the nullity of the company is issued upon the request of a partner, such nullity shall take effect only from the date on which the judgment becomes final. 4. Partners in Limited Liability Companies or shareholders in Private Joint Stock Companies may include in the Memorandum of Association or Articles of Association the following: a. A provision permitting one or more partners or shareholders to oblige the remaining partners or shareholders to sell their stakes or shares to a third party upon the fulfillment of specific, pre-agreed conditions, or a provision granting a right enabling a partner or shareholder to join an existing sale transaction conducted by another party, under the same terms agreed upon with the purchaser. b. A provision regulating the mechanism for dealing with the stakes or shares of a deceased partner or shareholder, including granting the other partners or shareholders or the Company itself a pre-emptive right to purchase those stakes or shares at the price agreed upon with the deceased's heirs. In case of disagreement, the competent court shall appraise the value of the stake or share through one or more experts with technical and financial experience in the subject matter of the stake or share.
Interpretation and application must be checked against the official text and current version.
