Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeImposing on a shareholder of personally liability towards apartment purchasers for late delivery of apartments will only be done in exceptional cases
Business, Corporate and Joint Ventures
Real Estate
Dispute Resolution
Apartments purchasers in a TAMA 38 project in Herzliya, received possession of the apartments over two years late. The purchasers moved to receive their statutory compensation from the shareholder in the entrepreneurial company by virtue of piercing the corporate veil and due personal liability as an officer, as the entrepreneurial company had no other activity […]
Who ordered §14 and didn’t get it? or: Why did my company’s value drop in the DD?
Labor Law and Immigration
Mergers and Acquisitions
An article on Israeli employee deposits under section 14 and the importance of depositing the correct amounts to prevent a drop in the value of the company during due diligence for a merger or acquisition transaction. The article was written by Osnat Nitay of Afik & Co.
A publisher of defamation may be required to correct it even if enjoys a defense from claim
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
After the Nature and Parks Authority confiscated ornamental fish that were marketed without a license as required, the fish farmers published defamatory publications on the Internet against the farm to which the fish were transferred by the Authority, contending that such farm received the permit to keep the fish due to personal relationships with the […]
A buyer who prevented the seller from correcting construction defects in its apartment will only be entitled to reduced compensation
Real Estate
Dispute Resolution
Buyers who discovered construction defects in their apartment, prevented the seller from fixing the defects and repaired them without his help. The Court awarded the buyers partial compensation due to them preventing the seller from correcting the defects. Israeli law requires the buyer of an apartment to allow the seller to correct a fixable discrepancy […]
A bidder who submits a tender bid that includes material amendments to the tender agreement may be disqualified
Public Law, Environment and Tenders
Dispute Resolution
A bidder submitted its tender bid while it contained substantial amendments in the tender documents, particularly in the contract. The tender committee allowed the bidder to amend its bid while “ignoring” the amendments made and chose it as the winner of the tender. The Court accepted the petition and disqualified the bid due to a […]
The same pair of words in a company name may be deemed passing off even if the company names are not exactly the same
Business, Corporate and Joint Ventures
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A company that deals in urban renewal included the words “Europe Israel” in its name, similar to another company that deals in the same field, and which CEO moved to the first company. The second company contended to a tort of passing off intended to ride on its reputation. The Court accepted the claim. Passing […]
A prenup does not negate a common-law status if the souses were in fact in common-law relationship
Common-Law Marriages Agreements
Notarial Services
Dispute Resolution
A pension fund refused to pay a survivors pension to a common law-spouse of a deceased woman, because the fund contended that the prenuptial agreement executed between them indicates that they intended to get married. The Court accepted the claim for survivors pension despite the prenuptial agreement signed. The rights and obligations regarding a pension […]
The fact that a person is sent to brain training for dementia prior to executing a lasting power of attorney does is not grounds for its invalidation
Lasting Power of Attorney
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A woman contended that a lasting power of attorney executed by her elderly father in which he appointed her brothers as his proxy, was unduly executed due to the father’s legal incompetence. This, because the power of attorney was drafted after the father was referred to brain training for dementia and despite the fact that […]
