Caselaw

Civil Case (Tel Aviv) 262-04-17 Toiga Online Ltd. v. Mizrahi Tefahot Bank Ltd. - part 43

December 6, 2018
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In addition, a document dated March 15, 2017, signed by the accountant Uri Be'eri, was attached, in which the accountant Be'eri confirms that all the financial income in the Toledano account has been reported to the tax authorities in accordance with the provisions of the law and that the relevant tax charges are paid as required and in accordance with the reports submitted to the authorities.

  1. The manager of the bank branch confirmed the receipt of the messages and the handling of them. Subsequently, on February 16, 2017, Ms. Sigal Sadi Mantin requested the spelling of two controlling shareholders in English.

Thus, on the level between the customers and the bank, and at the same time, in the internal correspondence between the bank's employees, on February 12, 2017, Mr. Lotem, comments were made to the material that was transmitted by the plaintiffs as follows:

  1. There is no organized list of the countries in which the Group operates + a valid license for each of the countries.

The letter relates to UFX companies and not to Paragon EX from which Haim Toledano is seeking to withdraw dividends.

  1. The compliance documents of MPF and Realtenco are not current as they are from the years 2012 and 2013.
  2. The documents regarding the companies' tax returns are irrelevant and do not constitute a substitute for Form 901.15

The lawyer's letter indicates that Frogan X is the controlling shareholder of the trading companies, contrary to an explicit letter received on May 5, 2016.

The letter states that the ownership data is in accordance with what is registered in the companies' documents and that a certificate based on an up-to-date registrar of companies is required.

  1. In the antitrust agreement, confirmation was received that UFX has a license to operate in Vanuatu - no list of countries in which the group operates, and no valid licenses were received for each of the countries.
  2. A company in Israel has desks (French, Arab, English, Turkish) - what is the activity of these desks? Which Arab countries does the Arab desk address? And how do you get money from there?
  3. In the expenses sections, travel abroad (including Uganda and Albania) is documented - what is the marketing activity in those countries?

In a parenthetical article, I will note that this letter of comments was forwarded prior to the receipt of the letter from Toledano, and therefore, prima facie, it cannot be disputed that some of the comments in it became redundant after the bank also received the letter from Toledano regarding Paragon EX and its attachments.

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