In this regard, it has been ruled more than once that the director's right to receive information is a fundamental component of his work, the purpose of which is to enable him to perform his role as an officer of the company and as a supervisor of its management (See Civil Appeal 5340/10 Director Mark Abu vs. Adv. Guy Nof [Nevo] (26/1/2012); Civil Appeal Authority 8473/99 Credit Cards to Israel in Tax Appeal v. SegevIsrSC 55(1) 337 (1999); Civil Appeal Authority 58/04 Magen v. Tiferet Amos Investment Company Ltd., IsrSC 58(4) 377 (2004); Danziger, supra, at p. 84, 114 - 115).
The Request for Accounts
- After we have interpreted the legal framework, it is necessary to clarify the plaintiff's right to receive accounts from the companies.
- The plaintiff claims in both lawsuits that there is a "complete lack of trust" between the parties. According to her, the affairs of the companies are conducted while depriving her of her rights as a minority shareholder, with Greenberg exploiting his rights as a majority shareholder to promote his personal interests and those of related companies, at the expense of the joint companies. The plaintiff emphasizes that the request to review the companies' documents and provide accounts is intended to enable her to obtain all the relevant information necessary to substantiate her claims regarding the discrimination and to act to obtain remedies for its removal.
- The plaintiff argues that the basis for proving the claims of discrimination is already before the court, and that the documents and claims that have already been made are sufficient to indicate that she has prima facie grounds for filing a claim for removal of discrimination. However, in order to fully examine the allegations of discrimination and complete the argument, it is required to allow her to review the requested documents.
- In the framework of Greenberg Properties' lawsuit, the plaintiff claims that it appears from the documents in her possession that Greenberg acted on behalf of the company to take loans for his personal use. According to the claim, it can be learned from the financial statements that for the purpose of repayment of the loans, money is transferred by Greenberg, and that the payment was ostensibly made Back to Back. It was argued that these transactions, which were intended to promote Greenberg's personal interest, did not receive the company's approvals as required by law. It also appears, it is claimed, that the rent for renting the company's properties is paid to Greenberg and Shneur Properties in a tax appeal and not to the company. This is also anchored in the opinion of the appraiser D. Deri, which was prepared at the defendant's request for the purpose of providing collateral for a loan of Greenberg Shneur Properties and Real Estate in a tax appeal (the opinion was attached to the summaries as Appendix 4). It was claimed that no lawful decision was ever made by the company to allow a company related to Greenberg to collect the rent. Finally, it was claimed that the company employed members of Greenberg's family without receiving the approvals to do so.
- In order to establish the significance of these transactions, which raise concerns about discriminatory conduct, the plaintiff is of the opinion that the request for the provision of accounts should be granted. The plaintiff wishes to review the following documents:
- The continuum statements of the company's bank accounts (paragraph 38 of the summaries).
- Lease agreements with all tenants in the company's real estate property (paragraph 39) in summary).
III. The bank statements to which the rent was flowed, which is not the company's bank account (Paragraph 40 of the summaries).
- The management agreements in the commercial property, which were separated from the lease agreements (paragraph 41 of the summaries).
- The bookkeeping ledger between the company and each of the management entities (paragraph 41 to complete the argument).
- The Company's financial statements (paragraph 42 of the summaries).
VII. Engagements and agreements of the Company with interested parties (paragraph 43 of the summaries).