Afik News 205 25.05.2016

Afik News 205 25.05.2016

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Legislative Updates

May 15, 2016

A Court will cancel an illegal provision of an investment agreement in lieu of cancelling the whole agreement

A person signed a termsheet for investing several hundred thousand Dollars in a technology company which stated that no sanction will be held if not all of the amount will be invested.  Later the investor signed another termsheet that cancelled the first and the amount of investment was raised to millions, but failed to invest the full amount and the company sued only for the amounts due under the...

May 2, 2016

A counterparty of a company need ensure that the person who signs on behalf of the company has signatory rights

A company leased land in order to build a gas station thereupon and executed a term sheet with a gas stations operator, in which it was written that it will obligate only until an agreement is signed and that the agreement is subject to antitrust commissioner approval, if required.  After a year-long negotiation the operator withdraw from the transaction claiming that it was defrauded as to the ...

May 19, 2016

A company may sue an organ who exceeded its authority and obligated the company

An agreement of acknowledgement of a debt and compromise was executed vis-à-vis a company when on behalf of the company signed the father of the shareholders.  The Company later contended that the signatory was not authorized and the agreement does not bind it...

May 10, 2016

An employer may use a private email message of an employee if exposed to it unintentionally and in good faith

An employee left his work place and his private e-mail box remained open on the desktop computer at the workplace. As the company sought to give his computer to another employee it was exposed to messages indicating a fraud committed by the employee...

May 15, 2016

Statement that an agent is acting from personal interests are defamation

An insurance agent transferred his client from one company to another.  The company which client left it had conversations with the clients and explained to them that the agent recommended them to change company because of his personal interest – a bonus received from the new company – and not from reasons of the benefit of the client...

May 1, 2016

An apartment Cannot be used in contrary to the provisions of the condominium regulations ‎

Tenants in an apartment building have used their apartment as a synagogue and community center, allegedly, in contradiction to the rules of the condominium regulations...

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