Caselaw

Criminal Case (Haifa) 64242-08-21 State of Israel v. Assaf Tal - part 33

May 7, 2026
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"A person shall not engage in investment portfolio management unless he holds a portfolio manager's license, and if he is an individual, he is licensed and works in a company that holds an investment portfolio manager's license."

Section 39(b)(12) deals with a person who "made an offer to provide services, in contravention of the provisions of section 3a".  Section 3A of the Law states as follows:

"A person shall not apply with an offer for the provision of services, unless the service is provided by an appropriate license holder under this Law, or by a person who is entitled to provide such service even without a license, in accordance with the provisions of sections 3 or 9 or chapter B1; In this subsection, "request by proposal" - whether by instrument or indirectly, including by means of publication, circulars, opinions, by mail, facsimile, telephone or in any other way.

  1. Section (a)(1) defines the management of investment portfolios without a license as an offense, along with engaging in investment advice and marketing investments without a license, which are also considered an offense.

The expressions "investment portfolio management", "services", "investment advice" and "investment marketing" are defined in section 1 of the Advisory Law as follows:

"'Investment advice' - advising others regarding the feasibility of investing, holding, buying or selling securities or financial assets; In this regard, "consultation" - whether directly or indirectly, including by means of publication, circulars, opinions, by mail, facsimile or by any other means, except for publication by the State or by a corporation that fulfills a legal role in the framework of its position."

"Investment Marketing" - advising others regarding the feasibility of investing, holding, buying or selling securities or financial assets, where the advice is related to a financial asset; For this purpose, 'advice' - as defined in the definition of investment advice"

"'Investment Portfolio Management' - executing transactions, at discretion, at the expense of others"

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