Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeThe default is that a director who serve only as a director in the company will not be treated as a employee of the company
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Dispute Resolution
A director and a controlling shareholder of the company filed a claim asking the court to recognize him as an employee of the company and to grant him all the rights to which he is entitled to as an employee, for the services he provided to the company as a director. The court held that […]
Lack of good faith of a tender participant may cause the disqualification even after such participant was declared the winner of the tender
Dispute Resolution
Public Law, Environment and Tenders
A company won a tender for services but later it was suspected of price fixing and the tender committee cancelled the win. The company moved the Court against such resolution and also requested that it will not enter into effect until a Court verdict. The Court held that the principal of good faith and the […]
Disclosure duties upon sale of used vehicles
Commercial, Banking and Financial
Dispute Resolution
The sale of the used vehicle’s market is one of the markets in which the seller, especially one who is a car merchant, has a great advantage on the purchaser who is unable to easily discover what is “under the hood.” Moreover, a person purchasing a vehicle from a merchant (such as a car dealer […]
A lessor is not entitled to compensation from the lessee for demolition of an illegally built pergola
Real Estate
Dispute Resolution
A lessee of a commercial property demolished, prior to evacuation of the property, an illegally built pergola that was erected many years before. The lessor claimed that the purpose of the demolition was to prevent leasing the property to a competitor of the lessee and that the lessee did not have the right to demolish […]
A Foreign employee may not change his occupation without changing the permit while the permit is still valid
Dispute Resolution
Labor Law and Immigration
A Chinese citizen received a permit to stay in Israel and work as a chef. After the permit expired, the employee remained in Israel illegally, worked as a construction worker and at the same time attempted to arrange a permit as such. The employee was caught by the Immigration Authority and was demanded to leave […]
A liquidator does not have the right to receive reports filed with the Antitrust Authority
Business, Corporate and Joint Ventures
Dispute Resolution
Commercial, Banking and Financial
A company liquidator demanded to receive reports filed with the Antitrust Authority. The Court held that that when an officer of the Court in case of liquidation requests documents usually the Court will enable this in order to facilitate discovery and investigation but the right of the liquidator will be limited by other protected rights […]
In order to receive compensation due to infringement of a trademark damage need be proven
Commercial, Banking and Financial
Copyright, Trademarks Media and Artists
A company claimed that another is selling counterfeit products and is misleading the public and that this is also breaching its registered trademark. Thus, the company demanded compensation under both the Trademark Ordinance and the tort of passing off. The Court held that sale of a product bearing the name of the protected trademark not […]
A control holder of a public company may not personally remunerate office holders
Business, Corporate and Joint Ventures
Dispute Resolution
A public company did not approve special remuneration for office holders for a specific move in which the control holders had a personal interest and the control holders obligated to personally pay bonus to the office holders. A shareholder filed a motion for a derivative claim on behalf of the company. The Court held that […]
