Alongside the case of the parties themselves, there is also a duty to take into account the implications of liquidation on third parties, including, for example, third parties who have chosen to enter into an agreement with a company, which on the face of it is solvent, taking into account that that company cannot be liquidated easily and with a wave of the hand.
- In addition, I found the liquidation request to be one that lacks reference to the issue of the reliance of the parties themselves on the economic channel in which they have chosen to operate over the years. When a person chooses to precede a company together with another person, this decision has significance and implications, including with regard to his knowledge that the liquidation of the corporation will not be done casually. In this regard, the parties will be referred to bankruptcy 1049/08 [Nevo] , which was mentioned above, in the framework of which it was ruled, inter alia, as follows:
"One of the essential principles that underlie corporate law is the principle of legal certainty with regard to the separate legal personality. When the brothers incorporated in a company and not in a partnership, they took upon themselves the application of corporate law, and as noted in other municipal applications 419/89 Olstein v. Saxony Matoya Weaving Ltd. IsrSC 46(1) 172:
"When individuals are incorporated as a company, the regime of corporate law applies to them. The incorporator as a company assumes upon himself the full results required therefrom, including the liquidation laws."
- I also note that when the court comes to examine and decide the parties' arguments, it is based, first and foremost, on the motion for liquidation and the objection to it. In this case, the applicant chose to raise arguments again, even if not in the framework of the pleadings, and in a manner that would have made it difficult to conduct the proceeding. In this regard, I will clarify that I am aware of the fact that some of the additional data to which the applicant sought to draw attention are those which, according to him, were concealed from him, and were brought to the attention of his counsel only in view of decisions given by me. However, we are dealing with only some of the arguments and documents. With regard to another part, this is ostensibly an attempt to make a kind of "allocation of improvements" that has no place in the proceeding (for example, with regard to the attachment of affidavits).
- In this framework, I also find reference to the Applicant's arguments that some of the Company's employees are in any case destined to petition for the liquidation of the Company in view of non-payment of wages or non-provision of funds due to them as part of the terms of their employment and in accordance with the provisions of the law.
It is clear that I cannot determine any conclusions on this question in the framework of this application.