Kuwait’s Decree-Law No. 78 of 2026 on commercial concealment raises a practical question for businesses and investors: does the activity carried on in practice match the licence and structure under which it operates?
The decree-law was published in the Official Gazette on 9 August 2026 and provides for commencement six months after publication. It addresses arrangements that enable a person to carry on economic activity prohibited to them or circumvent statutory ownership limits. AmCham Kuwait discussed the changes in an October 2026 session featuring a partner from Al Tamimi & Company.
A review can compare actual operations with the scope of the licence, identify who manages the activity, signs contracts and receives its economic benefit, and check whether those arrangements align with the company documents and shareholder agreements. The available options will depend on the activity, licence and ownership structure.
Information update dated 12 November 2026. The official text and any subsequent decisions or guidance should be checked when assessing a particular arrangement.
Sources
Kuwait Ministry of Commerce and Industry
Al Tamimi & Company, analysis of the decree-law
AmCham Kuwait, October session