
Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA creditor is not obligated to inform a guaranteeing corporation of failure to fulfill an underlying obligation
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
A company shareholder and director signed, personally and on behalf of a company, a cross-guarantee for a sibling company. After selling the company shares, the guaranteed company became insolvent and the guaranteeing company refused to uphold the guarantee as it was not given notice that the guaranteed company was in default on its obligations. The […]
Transfer of shares carried out in breach of the company’s bylaws is invalid
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder contended, inter alia, that another shareholder had taken over his shares and recorded them under his name in the Companies Registrar without any authority. The Court accepted the claim stating, inter alia, that the transfer of shares was in beach of the company’s bylaws and the law and is therefore invalid. Under Israeli […]
A material part of a franchise agreement is added value of the chain to the franchisee and in lack of which the agreement may be terminated
Commercial, Banking and Financial
Dispute Resolution
Franchisees of a chain of fruit and vegetable retailers canceled the franchise agreement, contending, inter alia, that the chain breached its commitment to provide them with a franchise support, including professional training, employee training, professional advice on business management and more. The Court held that the franchisees were entitled to terminate the agreement and the […]
An employer who failed to furnish an employee with a notice of employment terms may be obligated to a higher salary
Labor Law and Immigration
Dispute Resolution
A terminated employee contended that his salary slips did not reflect his actual high salary and that no provisions were made to pension funds although they were deducted from his salary. The Court accepted the employee’s demand for compensation. An employee who contends to have received a salary other than that appearing in the pay […]
An apartment purchaser is entitled to compensation for late delivery even if requested to make changes to the apartment
Real Estate
Dispute Resolution
A contractor refused to pay compensation to apartment purchasers for a delay of about eight months in delivery of possession, inter alia, because the purchasers requested many changes to the apartment. The Court accepted the claim and held that the contractor must compensate for late delivery. A contractor who delivers an apartment to the purchaser […]
Lasting Power of Attorney – Payments from the Hereafter or from this World
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Lasting Power of Attorney
Wills and Estates
Although inheritance may sometimes be some economic consolation, which is of course minimize compared to the huge personal pain, the heirs are often forced to deal with a cold reality in the most painful era, dealing with the deceased creditors or liabilities, neglection of which may result in debt collection, foreclosure, fines, interest and so […]
Failure of client to furnish the bank with required documents may lead to closing of the account
Commercial, Banking and Financial
Dispute Resolution
A bank decided unilaterally to close the accounts of three companies and their shareholders because of “red flags” that caused it to fear that these accounts were involved in money laundering. The bank gave a 14-day warning to the customers. The Supreme Court held that the bank was allowed to close the account. A banking […]