Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAn organ in a company cannot be both liable because of its position and independently
Business, Corporate and Joint Ventures
Dispute Resolution
People who entered into transactions with a company contended that a director was liable to them for failed transactions – once by virtue of her position as a director, and once personally for her actions. The Court rejected the claim. Israeli law stipulates that a company is liable for an action performed by its organ. […]
Continuing to invest after a person learnt of a misrepresentation may negate the right to restitution
Mergers and Acquisitions
Commercial, Banking and Financial
Dispute Resolution
A person contended that he executed an agreement under which he invested in the venture because he was misled by the other party, who hid from him the existence of additional investors. However, that person continued to invest money even 3 years after he learned of the existence of additional investors. The Court held that […]
On Attorney Google (brother of Dr. Google, MD) and Prenuptial Agreements
Notarial Prenups
Notarial Services
Domestic Relations
An article on the importance of drafting a prenuptial agreement or a cohabitation agreement through a notary with experience in such agreements and in the areas that the agreement deals with (e.g., companies or real estate). The article was written by Doron Afik, Esq. of Afik & Co.
A company filing a claim need show financial robustness and existence of assets is not sufficient for exemption from placing a guarantee
Business, Corporate and Joint Ventures
Dispute Resolution
A company was required to place a guarantee as part of a lawsuit it filed, even though it owns assets worth dozens of times more than the amount of the guarantee. The Court accepted the motion to deposit a guarantee due to company’s failure to meet the threshold required to establish financial stability. When a […]
Giving a false statement in an expedited procedure for voluntary liquidation regarding the absence of debts of the company is grounds for piercing the corporate veil
Copyright, Trademarks Media and Artists
Dispute Resolution
A company ordered a video production service but did not pay for it. The shareholder was demanded to pay the debt personally after it became clear that he filed a motion to liquidate the company in an expedited process of where he declared that the company has no debts, knowingly this is not the case. […]
A work photographed outside of Israel will enjoy copyright protection in Israel if it was first published in Israel
Copyright, Trademarks Media and Artists
Dispute Resolution
A business published a Yom Kippur greeting on social media using a photograph taken in Congo and published for the first time by the photographer in Israel. The Court accepted the photographer’s claim for copyright infringement. Under Israeli law, a “photographic work” may be deemed a protected “artistic work” when the creator showed its originality […]
An informed mistake which is based on a wrong assessment does not amount to one that annuls a will
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A man bequeathed his daughter a property that was subject to legal proceedings for non-payment of a mortgage, because he believed that she would continue to fight for the property after his death. The other successors contended that it was a will that was signed due to a mistake that his daughter is the only […]
A check filled out by an attorney and deposited against express authorization will not be honored
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A lessee gave checks to the attorney of the apartment owner, an elderly woman under nursing care, for the rent, without specifying the name of the payee. A month prior the end of the lease, the lessee located a potential tenant to replace him under the agreement terms, but when he reached to get the […]
