(b) The court hearing the application for the appointment of a receiver shall take into account the amount of the debt or the value of the subject, the amount that the receiver can obtain according to the estimate from the sale or management of the assets, the estimated costs involved in appointing him and performing his duties, and the damage that may be caused to the defendant due to the sale or management of the assets by a receiver, and he may order the Conduct an examination or investigation in any matter related thereto."
The case law before us is that when we are dealing with a remedy that is liable to completely collapse the activity of the relevant asset, it may not be used except in exceptional and exceptional cases, after any other remedy has been examined.
- With regard to the remedy of appointing a temporary manager, Section 191 of the Companies Law, 5759-1999 states:
- "If a matter of a company's affairs is conducted in a manner that constitutes discrimination against its shareholders, in whole or in part, or there is a material concern that it will be conducted in this way, the court may, at the request of a shareholder, give instructions that it deems necessary for the purpose of removing or preventing the discrimination, including instructions according to which the company's affairs will be conducted in the future, or instructions to the shareholders of the company, according to which they or the company will acquire subject to the provisions of section 301, Shares of its shares.
- If the court orders as stated in subsection AA Ltd., the changes required thereby shall be included in the company's articles of association and decisions, as determined by the court, and such changes shall be deemed to have been lawfully accepted by the company; A copy of the decision will be sent to the Registrar of Companies, and if the company is a public company, to the Securities Authority."
The case law in this matter states that the jurisdiction of the Family Court is limited mainly to cases in which the applicant's spouse holds shares, which is not the case in the case before us.