Afik News 217 09.11.2016

Afik News 217 09.11.2016


Legislative Updates

October 13, 2016

Parties that present themselves as partners and behave so will be deemed partners

An immigrant from Eritrea wanted to start a business of a drinks bar in Jerusalem, but due to the lack of legal status in Israel cooperated with an Israeli who was registered as the leasee of the property and the parties ran the business together for about 4 years. Later the Israeli claimed that the business was solely hers and the Eritrean immigrant was merely and employee who received a ...

October 25, 2016

A shareholder who did not receive any company’s assets and did not act ‎with intent to deceive will not be held accountable for company’s city tax ‎debt

A municipality filed a lawsuit against a shareholder of a company claiming that the shareholder is to be personally liable for the city tax debts of the company...

September 13, 2016

Non-transfer of employee’s pension provisions constitute grounds for lifting the corporate veil

A service provider that was proven to be an employee filed a personal claim against the company’s shareholder for payment of employee’s rights...

October 28, 2016

An employment agreement of the control holder of a company that was not duly approved by the company will not be upheld

A CEO and director of a company, that upon its establishment and until the entrance of an investor was the majority shareholder, filed a claim after his dismissal for increased severance pay and leave notice pursuant to his employment agreement that included extreme liquidated damages provisions...

October 20, 2016

Unclarity in an adhesive contract between a large service provider and a customer will lead to interpretation against the services provider

A customer signed an equipment lease and services agreement with a big communication company. Upon theft of the equipment the company sought to charge the client for it...

September 29, 2016

A gift recipient’s right will prevail a later foreclosure, if it has been proven that the gift was given in good faith A gift recipient’s right will prevail a later foreclosure if the gift was given in good faith

A father granted his children land assets as a gift but the children did not record the transfer or even a cautionary note on such gift.  Several years later a foreclosures was imposed on the property. The gift recipients filed a motion to Court arguing that the foreclosures are to be canceled and that their ownership rights should be registered under their name...