Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeNot my property, so why do I have to pay the city tax on it?
Taxation and Government Incentives and Funding
Public Law, Environment and Tenders
An article on the possibility of charging property tax to a person who does not use the property by himself, including a shareholder in a company. The article was written by Osnat Nitay of Afik & Co
Failure to pay an employee due to an insolvency due to the Covid-19 epidemic does not justify piercing the corporate veil and personal liabilities of shareholders
Labor Law and Immigration
Business, Corporate and Joint Ventures
Dispute Resolution
A kitchen worker at a restaurant resigned after not being paid his rights. The employee demanded that the company shareholders pay his rights personally by piercing the corporate veil as they are engaged in operating restaurants through the serial establishment of companies, liquidating them and changing the names of the restaurants to avoid debts. The […]
A parental order may be granted even if the applicant is not holding a resident status in Israel
Parentage, Surrogacy and Adoption
Dispute Resolution
The life-partner of a minor’s biological mother sought to be registered as an additional parent to the minor, even though she is neither an Israeli citizen nor of a permanent resident status of Israel, contrary to the Minister of Welfare’s guidelines that state this as a precondition. The Court accepted the motion due to the […]
A creator who did not limit the use of the work might be considered to have waived the rights to the work in favor of the client
Copyright, Trademarks Media and Artists
Dispute Resolution
The “Kaan” broadcasting corporation used video clips taken from a film produced at the request of a synagogue rabbi documenting the inauguration ceremony of the synagogue. The Court dismissed the claim for copyright infringement filed by the film’s producer and determined that no copyrights were infringed upon. Israeli law sets that the creator is the […]
A will whose beneficiary was involved in its drafting shall be void towards the beneficiary
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
The manager of a sheltered housing asked to recognize him as the sole successor under a will made in front of witnesses of a woman who resided in the sheltered housing he ran. The Court ordered the annulment of the will due to improper involvement in the preparation of the will and unfair influence on […]
An irrevocable obligation to grant property after one’s death is void even if its consideration was paid
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Inter-generational transfer of a business
A man executed an irrevocable letter of commitment, according to which two of his family members would receive his rights in a property “one hour before his death”. It was contended by the family members that consideration was paid for the property. The Court held that the letter of commitment was invalid. Israeli law stipulates […]
For a signature in the name of another to be valid, one needs an explicit and specific power of attorney
Notarial Prenups
Notarial Services
Commercial, Banking and Financial
A person signed a settlement agreement to pay off a debt with a short-term lender in his name and the name of his spouse. After failing to comply with the provisions of the settlement agreement, the lender sought to enforce the agreement. The Court held that the settlement agreement is not applicable on the spuse […]
A lessor who does not act to repair a water leak during a reasonable time may pay damages to the lessee
Real Estate
Dispute Resolution
A lessor of an apartment did not fix leakage defects in the apartment for many months. The lessee invested in the apartment relying on a long rental period, but finally had to leave the apartment after only one year. The Court accepted the lessee’s claim and held that the lessor must pay the lessee damages […]
A bank may refuse to grant services to an organization which supported terrorism even if it no longer supports it
Commercial, Banking and Financial
Dispute Resolution
Leumi Bank closed the bank account of an association, contending that it was supporting terrorist organizations in the Palestinian territories and the Gaza Strip. The association contended that there is no justification for such action because it stopped transferring the funds after October 7, 2023. The Court held that the bank has the right to […]
