Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA shareholder in a company who is the living spirit of a company which illegally employs an employee may be held personally liable for the company debts
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
An employee was employed in a restaurant through a manpower agency. The company was liquidated and the employee was terminated with immediate effect. The Labor Court held that the shareholder is personally liable for the employee’s unpaid social benefits. When the company’s conduct and decisions taken by it indicate that the shareholder himself does not […]
Articles of Association must be construed according to their language and one can not read into them understanding that do not appear therein
Business, Corporate and Joint Ventures
Dispute Resolution
Upon incorporation of a company the founders received the right, in the company’s Articles of Association, to appoint, each one, a director on his behalf. Afterwards, and after the company’s Articles of Association were amended several times, one of the founders passed away and his shares were transferred to his heir. The heir sought to […]
Recognition in a person’s parental status in the country of residency may justify granting a judicial parenting order in Israel
Parentage, Surrogacy and Adoption
Dispute Resolution
An Israeli couple living overseas bore a child through surrogacy by using the man’s sperm and a donor egg. After the birth of the child, the man was registered in the Israeli Population Registry as a parent of the minor, due to the genetic connection between the man and the minor but the mother was […]
Following a legal advice – even if later proved wrong – is a defense against contention of negligence
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Dispute Resolution
שלום נתניה: פרטים שלא נקבעו בחוזה או על פיו, יהיו לפי הנוהג הקיים בין הצדדים; יש לבחון האם התנאי אינו חסר באופן מכוון; ככל שהתנאי יותר מהותי, כך סביר שמדובר בהשמטה מכוונת
A beneficiary of a trust may not terminate the trust as to itself or at all
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Real Estate
Dispute Resolution
Shares in a real-estate holding company were purchased in trust for four family members, who were also the settlors of the trust, all without a trust deed that would determine the terms of the trust. Five years later, one of the beneficiaries of the trust notified the trustee of the termination of the trust in […]
ASX accepts TASE as a home exchange for secondary ASX listings
Capital Markets and Stock Exchange Regulations
An article on the acknowledgement of the Australian Stock Exchange (ASX) of the Tel Aviv Stock Exchange (TASE) for dual listings purposes.
A tender in which its evaluation criteria were first set when the bids were already revealed is an invalid tender
Public Law, Environment and Tenders
Dispute Resolution
A local council published a tender for the operation of community care and rehabilitation frameworks for people with disabilities and only after opening the envelopes of the bidders was it decided for the first time to set new evaluation criteria for determining the score of each bid while deviating from the original terms of the […]
