Afik News 273 02.01.2018

Afik News 273 02.01.2018


Legislative Updates

December 18, 2018

Liens on a company do not apply on the right to receive refunds of excise and other taxes that have not yet been submitted

A company that engaged in infrastructure works entered into insolvency proceedings, and as a result a floating lien was formed in favor of the bank that extended credit to the company and its floating lien was applied to all of the company's assets at the time. The bank claimed that the overpayment money (excise tax) on diesel fuel belonged to it because they were related to tax payments that ...

December 6, 2018

Not every non-distribution of dividends constitutes oppression of the minority

In a company managing an insurance agency, whose shareholders were two brothers and another person as a minority shareholder, the minority shareholder contended that the non-distribution of dividends discriminated against him and that the brothers used company assets to purchase assets for themselves and their family...

December 4, 2018

An employer doesn’t need to hold a hearing as a “formal ceremony” where the employee agrees to terminate the employment

An employee and her manager argued over a professional matter, after which the employee told the manager to terminate her employment if he is dissatisfied with her performance, as was done...

December 10, 2018

A buyer may cancel a transaction if he discovers that the property does not match the property ordered

A woman bought a French bulldog puppy to compete in dog shows and in order to breed. When it turned out that the dog was suffering from congenital health problems that prevented it from serving for purposes it was bought for, the buyer asked to return the dog...

December 16, 2018

An exclusive distribution agreement may be created by behavior of the parties

A Hong Kong registered manufacturer of metal products appointed an Israeli company as its sole distributor in Israel and in the Palestinian Authority. The agreement required that the distributor refrain from distributing competing products and set minimum quantities under which the agreement will be renewed each time. Later in a letter to a third party, the manufacturer declared that the ...

December 16, 2018

Warning note recorded after a mortgage and without the pledging bank’s consent will be canceled should the bank realize the mortgage

A purchaser of a house wrote a warning note without receiving the bank's approval, the same bank that the house was mortgaged in his favor. The home seller went into insolvency and the house was sold by the bank as part of the mortgage realization proceedings...