The Honorable Judge Shaked: This is your opinion now,
The witness, Mr. Peretz: That's what I think, yes.
The Honorable Judge Shaked: But you don't really know how to explain to me what happened then in 2012.
(p. 127 of the transcript, paras. 14-18).
- I am unable to accept the plaintiff's statement. First, when a relationship of trust is damaged, it is difficult to convince that the plaintiff will continue to have a business relationship with defendant 1. Second, according to the plaintiff's testimony, this was a venture with a relatively small scope of profits relative to the scope of the plaintiffs' activity in the field of manpower (approximately ILS 12,000 per month; p. 126 of the transcript, paras. 17-22). In such a small venture, the plaintiff finds it necessary to draw up a written partnership agreement, whereas with regard to large-scale activity in the manpower corporations, as appears from the amended indictment, does not? I wonder.
E3 Signing Rights Reflect a Framework of Company Management and Not of a Partnership
- As stated, one of the indications for examining whether it is a partnership is whether the parties have an equal right to manage the business, and especially the right to obligate the business without the partner's signature (the Tanami case).
This basic principle is set forth in section 14 of the Ordinance: "Each partner is an agent of the partnership and the other partners for any matter of the partnership's business; And the actions of each partner, when he conducts business of the kind that the partnership of which he is a member, will bind the partnership and its partners, unless in fact he is not authorized to act on behalf of the partnership in that business and the person with whom he negotiated knows that the partner is not authorized to do so, or does not know, or does not believe, that he is a partner."
- The problem is that I was presented with a protocol of signing rights of Odan Services from 2005 (N/21), which shows that the signatures of the plaintiff and defendant 1 together - together with the company's seal - are required in order to bind it.
The same goes for Odan Entrepreneurship - M. Former Schneider - A protocol of signing rights (N/2) was presented, which indicates that in order to bind it, the signature of both parties is required - the plaintiff or Harush on his behalf on the one hand and defendant 1 or his son Eli on the other.