Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIn a bargaining between shareholders as part of dissolution of a corporation due to oppression, the oppressed party will have preference
Business, Corporate and Joint Ventures
Dispute Resolution
In a family dispute between siblings over family assets it was held that the partnership in the assets should be dissolved after one of them oppressed the other’s rights. However, the brothers were unable to reach an agreement as to how to dissolve the partnership, as both demanded to buy the other’s share due to […]
A loan to a company by a shareholder or companies under its control is a deferred loan upon liquidation
Business, Corporate and Joint Ventures
Dispute Resolution
A company owned a factory that was formerly used to produce poultry fat based biodiesel and later produced raw material for animal feed. When the company went into liquidation, it was contended, among other things, that a loan from a company owned by one of the shareholders is a loan from an external party and […]
In the absence of an explicit provision a shareholder’s experience can not be attributed to a new company established for the purpose of participating in a tender
Public Law, Environment and Tenders
Business, Corporate and Joint Ventures
Dispute Resolution
In a tender for renovation works and concession to operate a beach kiosk, the winning bid was of a company incorporated immediately prior to the submission of the bid and based on the experience of its shareholder. The Court held that the winning bid should be disqualified due to failure to meet the experience requirement […]
To register or not to register (a trademark), this is the question…
Commercial, Banking and Financial
Copyright, Trademarks Media and Artists
Registering a trademark is a relatively simple procedure, but it is a significant step in starting a new business, so it is important to do it correctly, as soon as practical, and using an experienced lawyer. Incorrect, or late, registration may create issues later on, which will render the protection ineffective and may cause additional […]
A seller of an apartment must disclose to the purchaser all information about hidden defects in the apartment even in an “AS IS” sale
Real Estate
Dispute Resolution
An apartment seller stated in the contract that there are no defects in the apartment, but about a month after handing over possession in the apartment to the purchaser, many humidity defects were discovered. The Court held that the seller must compensate the purchaser because she was aware of the humidity issues but did not […]
A duty of effort by a governmental authority is an enhanced duty, breach of which entitles to compensation
Public Law, Environment and Tenders
Dispute Resolution
Landowners reached an agreement with the Israeli Land Authority according to which their lands will be transferred to the State, in exchange of a possibility for receipt of other lands of the same type and quality. The landowners transferred ownership of their lands to the State, but the exchange never took place. The Supreme Court […]
Foreclosure of assets of a person who does not owe money is defamation and the defenses under law do not apply
Commercial, Banking and Financial
Dispute Resolution
Privacy, GDPR, Confidentiality and protection of reputation
A business owner took a loan and after failing to repay, a legal execution case was opened against him. Under a settlement agreement, the business owner paid his full debt but the lender did not close the execution case for 11 years and even carried out foreclosure proceedings against him. The Court held that the […]
