Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeOne who purchases services in the name of a company knowing that the company cannot pay for such may be held personally liable for its debt
Business, Corporate and Joint Ventures
Dispute Resolution
The sole shareholder and director of a company ordered flight tickets in the name of the company despite knowing that the company was in financial distress and would be unable to pay its debts. The Court held that the shareholder was liable for the company debt. Generally, a company is a separate legal entity from […]
When the loan money is not transferred to the borrower but to a distant party, the lender has an increased duty of care
Commercial, Banking and Financial
Dispute Resolution
A man who was informed by the car dealer that his application for a loan for the purpose of purchasing a car had been denied, was surprised to learn that the lender had provided a loan in his favor and transferred the loan money to the car dealer, based on forged documents and a video […]
Data of proprietary nature cannot be transferred by the State to another State without due process
Cryptocurrency, NFT and Web-3
International Transactions and Disputes and Israeli “Soft Landing”
Criminal Law
The police searched a person’s computer and found recovery core for a Bitcoin wallet which were than transferred to the US authorities. After the US authorities used the information to seize that person’s bitcoins, the man sought that the seizure of the coins be voided. The Court rejected the person’s motion to void the seizure […]
A bidder that does not meet the prerequisites will be disqualified and cannot be validated retroactively
Public Law, Elections Law and Tenders
Dispute Resolution
A bidder with a criminal record relating to a violation of labor laws was selected as the winner of a tender in contrary to the threshold requirement in the tender. The Court accepted the petition and canceled the bidder’s win due to non-compliance with the threshold conditions and a violation to the principle of equality. […]
A little about trusts, real estate and taxation
Trusts
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Real estate in Israel and around the world
An article on trusts and their significance in terms of property rights and taxation. The article was written by Doron Afik, Esq. and attorney Shelly Wilner of Afik & Co
Deterioration in medical condition may qualify an oral will even if the testator is not on his deathbed
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A woman whose medical condition was rapidly deteriorating made an oral will. Shortly after making the will the woman passed away. The Court held that the oral will is valid. A person who thinks that he is dying may make an oral will, whether he is truly on his deathbed or he truly sees himself […]
Payment to an employee that is not in accordance with the compensation plan in the employment agreement may be deemed a change in the terms of employment
Labor Law and Immigration
Dispute Resolution
An employer undertook in the employment agreement to provide a manager a management incentive that was limited to a ceiling of ILS 6,000 per month or ILS 72,000 per year, but in practice it paid commissions in a higher amount. Upon termination of the manager’s employment, the employer refused to pay commission differentials for transactions […]
