Afik News 241 11.10.2017

Afik News 241 11.10.2017


Legislative Updates

September 19, 2017

A non-Israeli company is to deposit a guarantee upon filing a claim, except in exceptional cases

A non-Israeli company filed a claim in Israel and argued that it is a subsidiary of a well-known public company and is under the control of a wealthy businessman...

September 23, 2017

Issuing of an invoice to a company may show agreement to contract vis-à-vis the company and not its shareholders

A dating application developer filed a claim for non-payment for his services both against the two persons who ordered the development services and their company, including for working hours for changes required during the development of the application. The company contended that the application did not work in closed places even though the system characterization document did not disclose this ...

September 29, 2017

A shareholder of a company selling its activities without settling its accounts with the employees might be personally liable

A restaurant was managed by a limited liability company, which sold the restaurant to a third party before entering into liquidation proceedings. A cook in the restaurant sued the person who was the only shareholder and director of the company for unpaid social benefits, such as severance pay, overtime payment and absence of prior notice of termination...

September 4, 2017

‎‎‎‎‎‎‎‎ Representations in a transaction regarding the future will not constitute misrepresentation unless there was no intention to fulfill them

Investors who invested in two failed real estate projects in Eastern Europe and lost their investment sued the marketing company, inter alia due to false representations as to project's prospect...

September 6, 2017

An employer may receive emails of employee concerning the business and not personal affairs of the employee

A dismissed employee sent himself by email a confidential database of the employer.  The employer moved the Labor Court who appointed a receiver to seize the computer, cellular phone and personal GMAIL mailbox of the employee. The employer demanded to receive GMAIL correspondence of the employee with third parties to which the employee sent the database...

August 9, 2017

A land sharing agreement requires recording but may obligate a third party who did not examine the existence of such an agreement

Co-owners of real estate executed a real estate partnership agreement but did not record it, nor recorded a cautionary notice in respect thereof, with the Land Registry.  About five years later one of the owners sold his holdings to a third party in an agreement that does not give notice of the partnership agreement. The Court held that registration of a land partnership agreement gives it ...