The roundtable discussions are based on platforms for the discussion drafted by the Ministry of Justice. According to the Ministry's position on the subject of "Supervisory and Enforcement Powers", it is proposed to include in the new Non-Profit Organizations Law a clause that allows the filing of a derivative claim on behalf of an association by a member of an association, a member of the association's board and a "donor" as defined there (see: Initial position on behalf of the Ministry of Justice on the subject of "Supervisory and Enforcement Powers" in the new Non-Profit Organizations Law of December 2, 2014, at para. 73. http://www.justice.gov.il/Units/RasutHataagidim/units/RashamAmutot/LawsAndJudgments/Pages/Tazkir-Amutot.aspx).
From this platform for the discussion and the responses to it, it can be concluded that the Ministry of Justice, the business sector, and civil society believe that a derivative lawsuit mechanism in relation to an association is a desirable and appropriate mechanism. At the same time, it can also be concluded from these discussions that the legislature's position is that the institution of the derivative claim does not exist in the current legal situation in relation to non-profit organizations, i.e., that the arrangement in the Associations Law in this context is a negative one. While these discussions are currently being conducted by civil and governmental bodies (and not by the legislature itself), they reflect the legal context in which the law operates and is interpreted.
It should be noted that the latter conclusion should be qualified, and it should be noted that the need to amend the law does not necessarily indicate an interpretive conclusion with respect to the existing legal situation. Changes in the law may be declarative, or may be made for prudential purposes only (in order to interpret an unclear situation in the existing law). In such a situation, the interpretive assumption of the legislator seeking to change the law does not affect the interpretation of the law (see the Lebanon case, In paragraph 11 of the judgment of President E. Barak; High Court of Justice 6194/97 Nakash v. National Labor Court, IsrSC 35(5) 433, at para. 28 of the judgment of Justice M. Cheshin (1999)).
- It is also possible to learn about the subjective purpose of the legislation from the words of the legislature in relation to contemporary legislation that regulates aspects relevant to non-profit organizations. In these contexts, the legislature explicitly noted the importance it finds in a uniform and holistic regulation of the law that applies to non-profit organizations, even if this leads to a delay in desirable legislation.
Thus, in the explanatory notes to the Insolvency and Economic Rehabilitation Bill, H.H. 5776-2016 1027, p. 604, it is written (at pp. 790 and 800, in which sections 3452C of the bill were discussed, which deal with the continued application of certain provisions ofthe Companies Ordinance, and sections 365 and 374 of the bill, which deal with bankruptcy and the transitional provisions regarding the cancellation of the Companies Ordinance), that: