Articles67 found

An article on the ability to prevent a shareholder or director from voting on decisions where his manner of voting against the decision is clear in advance. The article was written by Doron Afik, Esq. of Afik & Co.

An article on the approval of transactions in a public company between the company and another corporation controlled by the same shareholder. The article was written by attorney Gilad Bar-Ami of Afik & Co.

An article on the importance of due care when procuring a D&O insurance and the required use of a lawyer and insurance broker with expertise in the field. The article was written by Doron Afik, Esq. of Afik & Co. and Elad Tubol, Adv. of the Howden Israel Group

An article on the tests for piercing the corporate veil and attributing corporate debts to its shareholders. The article was written by Gilad Bar-Ami, Adv. of Afik & Co.

An article on oppression in companies, where the oppressing party is in fact the minority and not the majority. The article was written by advocate Shelly Wilner of Afik & Co.

Shareholders of a company agree on the exit of one of them and because the company has cash, they also agree that the company will purchase his shares. The shareholders really like the idea but it turns out that the Tax Authority likes it even more because it deems it a taxable dividend to all […]

Is there a personal liability of managers and shareholders to company debts to its employees? Under certain circumstances, as the Labor Courts determined, both controlling shareholders and managers may be liable for paying wages of employees (including pension contributions and other obligations to the employees). A well-known corporate rule, which is anchored in the Israeli […]

An article dealing with shareholders disputes and the authority of the Court to separate between the disputed parties. The article was written by Yair Aloni, Adv. of Afik & Co., lawyers and notaries

An article about the importance of legal advice from an experienced lawyer who knows all the facts and when a legal opinion will have any meaning at all. The article was written by Doron Afik, Esq. of Afik & Co., Attorneys and Notary.

An article on the procedures required for approving transactions of interested parties in a company and the business judgement rule. The article was written by Adv. Shelly Wilner of Afik & Co.

An article dealing with the issue of at what stage do ambitious presentations designed to bring investors to a start-up cross the line and become a criminal misrepresentation. The article was written by Doron Afik, Esq. of Afik & Co., Attorneys and Notary.

In June 2010, I published an article in the The Marker titled “The unsettling easiness of a financial murder in Israel” in which I compared James Bond, a killer in the name of the Queen, to the Israeli Official Receiver. The first deliberately eliminates enemies of the Kingdom and the second negligently eliminates businesses and […]

An article dealing with The Representative Problem in companies, the need for corporate governance and to avoid personal responsibility and not allow non-senior executives in the company to negotiate on its behalf or negotiate without the assistance of a lawyer, especially when it comes to a public company

An article on the liability of directors and officers to antitrust offences of the corporation

A company pays a 100 grand a month for cleaning services. The new CEO replaces the clean-up team with another service provider that charges only 75 grand a month, but “neglects” to disclose that the new service provider is his childhood friend. This is certainly a blunt breach of trust, but is the officer obligated […]

My father – David Afik – passed away from Corona in December, 2020, although he never contracted the virus. My father was executed at the age of 86 under a death sentence imposed on him by the Israeli government, even though it never took a decision to kill him. Au Contraire, the death sentence was […]

An article on the question of whether a settlement agreement that includes a waiver of claims prevents the filing of a claim in a fraud case

An article on the personal criminal liability of officers o restrictive trade arrangement offences by the company and the manner in which it may be avoided.

Two entrepreneurs incorporated a company and want to ensure their control over it even after the entry of investors. The way to ensure this may be through a ‘control agreement’ or a ‘voting agreement’, in which the parties may undertake to agree between them on any vote before casting it. But then it may turn […]

A person volunteers to be a member of an NGO or even more – to participate in the actual management of the NGO by sitting in its board – and one fine day receives a statement of claim from an employee of the NGO demanding him to be personaly liable for pension funds to which […]

If in the past it was customary to bury a man along together with animals and much property to support him in the afterlife, today this practice is less than acceptable. So why are businesses and companies sometimes buried, inadvertently, together with their owners? For example, a high-tech entrepreneur and a major shareholder in a […]

“10 Let no one be found among you who sacrifices their son or daughter in the fire, who practices divination or sorcery, interprets omens, engages in witchcraft, 11 or casts spells, or who is a medium or spiritist or who consults the dead.” states the Book Deuteronomy, Chapter XIX. But what if the dead is […]

So you succeeded in realizing “the Israeli dream” – you were hired by a high-tech company and are on the right path to “big money”. You arrive at your first day at work and received the standard new employee set of documents, including a “standard” employment contract, which also notes that you are entitled to […]

An article in The Observer newspaper 5.5.1939 by Ze’ev Jabotinsky opens with the words: “Not every nation has its own national sport; and if there is, then the other nations soon come and learn it and immediately they start to play it, maybe better than the inventors themselves and by that it ceases to be […]