Afik News 268 24.10.2018

Afik News 268 24.10.2018

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Legislative Updates

September 6, 2018

Managing a group of companies while mixing assets between them may result in the lifting of the screen of incorporation between the group’s companies

A supplier who sold goods to a company that is part of a group of companies did not receive payment and asked to see the group and its shareholders as jointly and severally liable to him...

September 6, 2018

A right of claim by a shareholder will lapse if could have known of illegal withdrawal by another and did not act upon that

A company for investment in high-tech was financed by funds injected into it by the shareholders. Upon the outbreak of a dispute between the shareholders, one of them demanded a full refund of the shareholders loan while the other contended that the money was an investment rather than a loan and that funds that were withdrawn 15 years ago as repayment of loans were taken without the shareholder ...

September 20, 2018

The mere offer or option to sell a counterfeit copy of a work infringes copyright and does not require actual sale

A police search revealed a warehouse containing 131 forged copies of five textbooks in Arabic. The company that produces the books claimed copyright infringement...

September 6, 2018

Summoning to a hearing prior to termination of employment needs be within reasonable time in advance and include all reasons for termination

An employee was summoned to a hearing only one day prior to the hearing date, when the summoning was general and stated that the cause of the dismissal was non-conformity with the requirements of the position and the relationship between the employee and the manager. The hearing also included grounds for termination that did not appear in the summoning...

September 11, 2018

The publication of defamation in order to sabotage a competing business is a reason to aggravate the award of compensation

An assistant in a nursery school whose employment was terminated opened a competing nursery two doors away from the nursery where she worked. In response, the nursery teacher sent a Whatsapp message to her clients stating that during the employment of that assistant, deep failures were discovered in the way she works and her approach to the children...

October 10, 2018

An apartment owner may not rent the apartment in Airbnb or Booking.com short term rentals contrary to the provisions of the condominium’s bylaws

An apartment owner rented the apartment for short-term using websites such as Airbnb and Booking, despite a stipulation in the bylaws of the condominium stating that the use of the apartments will be exclusively for residential purposes...

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