It is a settled rule before us that extreme caution must be exercised with regard to the merger of a corporation in which the shareholders who hold are not only family members but also external third parties, since their exposure to the dispute between the parties may cause significant business damage, as detailed in the following rulings:
Ruling of the Honorable Judge Shochat in Miscellaneous Motions Civil 3879/00 Zwebel v. Zwibel (Nevo 12/6/01)
Ruling of the Honorable Justice Shapira in Motion for Leave to Appeal (Jerusalem) 830/05 V.A. v. A.A. (Nevo 14/9/05)
and in the judgment of the Honorable Justice Zagori in Family Case 23852-12-09 Anonymous v. Anonymous (Nevo 6/12/00).
- From a factual point of view, in the matter before us, with respect to the three corporations in which only a certain person holds (even if by holding shares in another corporation), no difficulty should arise, and therefore there is room for additional defendants to serve, just as AA was added in the tax appeal as an additional defendant. The five additional corporations have additional shareholders, whose inclusion as additional defendants raises difficulties, both because of their exposure to the marital dispute and because this may affect the business conduct with them, in a manner that may sever the business relationship with them and thus reduce the sources from which it will be possible to repay at the end of the proceeding.
- The conclusion is that at this stage, in addition to AA Ltd., the two corporations under the man's control will be added as defendants: Company C in a tax appeal and Company . XX Ltd
An amended statement of claim will be submitted within 14 days and a statement of defense on their behalf will be filed within 30 days of receipt of the statement of claim.
It should be noted here that a statement of defense has not yet been filed on behalf of AA in a tax appeal. It is not clear whether the delivery was carried out lawfully, but this matter must be settled.
Regarding the second remedy – the appointment of a special administrator or an estate administrator, or alternatively, a temporary injunction
- From a legal point of view, the main provision of the law is section 11 of the Property Relations between Spouses Law, 5733-1973, entitled "Measures for the Protection of Rights", in which it is stipulated as follows:
"If one of the spouses has taken an action that may thwart the right or future right of the other spouse under a prenuptial agreement or under the resource balancing arrangement, or there is a reasonable concern that he is about to take such an action, the court or tribunal may, at the request of the other spouse, take measures to preserve the said right, and may, inter alia, do one or more of the following: