Articles75 found

February 4, 2025 Tax Aspects of SAFE (Simple Agreement for Future Equity) Investments On January 29, 2025, the Israeli Tax Authority issued clarifications on the taxation of investments made through a Simple Agreement for Future Equity (SAFE); previous guidelines had been issued on May 16, 2023. A SAFE is a financial instrument that is commonly […]

An article on the subject of limiting the ability in Israel of terminating an agreement when the other party to it enters insolvency proceedings. The article was written by Attorney Shelly Wilner of Afik & Co.

An article on the importance of legal support in managing a company and the importance of full transparency vis-à-vis the legal advisor and acting pursuant to its recommendations. The article was written by Doron Afik, Esq. of Afik & Co.

In 1970, a man transferred the shares in two companies to his children, but in practice he continued to manage the companies and withdraw the full dividends from them, which led to a divorce dispute that began in 2000 and ended after the demise of both spouses only by a Supreme Court of Israel ruling […]

Unlike other governance systems where, as the residents of Animal Farm (George Orwell, 1945) discovered, everyone is equal but… some are more equal than others, one of the cornerstones of democracy is absolute equality before the law. But, what about voting rights in a company’s board of directors – will it be possible for one […]

An article on options for employees (and for the more advanced also RSUs and Phantom Shares), option taxation and the importance of duly structuring the option plan, approving it correctly, signing the employees and dealing with the trustee, in order to avoid tax accidents and enable optimal use of this important tool. The article was written by Doron Afik, Esq. of Afik & Co.

An article on the requirement on electronic filing with the Israeli Companies Registrar as of June 26, 2024, and the importance of a proper corporate secretariat, to duly hold corporate ledgers and all documents and agreements (as well as verifying that they are duly signed and are binding), and not only report the annual report to the Companies Registrar. The article was written by attorney Doron Afik of Afik & Co.

An article on the meaning of a joint activity without an agreement, which may create the status of a partnership, on all the meanings of this. The article was written by attorney Yair Aloni from Afik & Co.

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 […]