
Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIn some cases even an unsigned draft may be deemed binding
Real Estate
Dispute Resolution
Purchasers and a seller of a real estate asset exchanged 15 draft agreements until they reached a document headed “Final Draft” and noting a date for execution. However, this draft also stated that it is non-binding and several issues therein remained open. At this point, the seller notified that he is withdrawing from the negotiations […]
The Customs Authority may reopen a tax appraisal within five years in case of private importing of a car
International Transactions and Dispute Resolution
Taxation and Government Incentives and Funding
Dispute Resolution
A person made a personal import from Germany of a Mercedes S350 L car and stated to the customs authorities, under the import license, that he purchased the vehicle in Germany at a certain price and even attached a tax invoice to prove the amount. After a year, as part of an investigation by the […]
A controlling shareholder may be compelled to return funds received from a prohibited dividend distribution
Business, Corporate and Joint Ventures
Dispute Resolution
A holdings company with dual listing on the TASE and NASDAQ distributed dividends of ILS 355M, ILS 113M of which derived from profits created by a change in the company’s accounting policy and not by operational profits. The Court allowed the minority shareholder to file a derivative action against the company’s controlling shareholder. In order […]
An employee may be terminated a short time before vesting of ESOP options if not done in order to avoid vesting
High-Tech and Technology
Business, Corporate and Joint Ventures
Labor Law and Immigration
An employee was terminated as part of the re-organization of a business but contended that the hearing before termination was brief and not exhaustive. In addition, the employee had ESOP options that would have reached maturity within three months had he not been terminated. The Labor Court rejected the employee’s claim. The duty of hearing […]
Exclusive distributorship does not grant the distributor a proprietary right to distribute
Commercial, Banking and Financial
Dispute Resolution
An exclusive distributor received a notice of termination from the manufacturer, after 34 years of distributing and marketing the manufacturer’s products. The distributor demanded that the agreement continue or to be reimbursed for substantial damage caused as a result of the termination. The Court rejected the claim and held that the distributor does not have […]
A controlling shareholder might be personally liable for the corporate’s city tax debt if it keeps silent
Business, Corporate and Joint Ventures
Taxation and Government Incentives and Funding
Public Law, Environment and Tenders
A local authority demanded that a shareholder will be personally liable for the company’s property tax debt after the company entered liquidation. The Court accepted the claim and ordered the shareholder to personally pay the debt as he was the controlling shareholder of the company. Israeli law sets that the corporate veil may be pierced, […]
In a contract, hope for the best, anticipate the worst
Commercial, Banking and Financial
You leased out a house for two years but after a year your tenant notified you that he does not intend to pay the future payments. Need you wait until the next payment is due or may you take immediate measures to evict the tenant? A more complex issue arises when the tenant pays and […]