Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA supplier who terminates an engagement with a distributor because the distributor refused its demand for price coordination breaches an agreement
Competition
Dispute Resolution
A gas products marketer, which sells products to several distributors, demanded that a store owner, with whom it had worked for 15 years, not advertise products at a price lower than the price it set. After the store owner objected to the demand, contending it is a forbidden restrictive arrangement, the distributor stopped supplying its […]
A negative past record may result in the disqualification of a tender bid
Public Law, Elections Law and Tenders
Dispute Resolution
A tenders committee disqualified a sole bid in a tender for the provision of cleaning services due to the bidder’s negative past record. The Court dismissed the petition and held that the tenders committee’s decision to reject the bid based on the negative record was free of flaw. Intervention in the professional discretion of the […]
Rights in the estate of an agricultural association are rights subject to permission and are not considered part of an estate.
Real estate in Israel and around the world
Dispute Resolution
Domestic Relations
Upon demise of the father, one of his sons requested that he and his wife be recognized as the owners of the father’s farm, by virtue of his appointment as “continuing son” by the father, an appointment that was approved by the agency and the agricultural association, even though the father’s will divided the estate […]
A trustee of a public trust may not circumvent the salary limit by receiving it from an asset indirectly held by the trust
Trusts
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Latam – Spain – Israel Activities
The only two trustees of a public trust created an extensive system of holdings (including through two companies registered in Panama) and ended up with a private company from which they received a high salary. The Court held that this was a prohibited distribution due to beneficiaries serving as trustees of the trust. Except when […]
A company may avoid holding an annual meeting and appoint an auditor for a period not exceeding 3 years
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder sought to appoint for the company an independent auditor contending that the company’s existing auditor is in a conflict of interest because he is authorized to report in several companies of one of the shareholders and also that his appointment was flawed. The Court held that the auditor of the company was duly […]
The extent of privacy protection in a public place depends on the circumstances and the degree of a person’s expectation of privacy in that place
Privacy, GDPR, Confidentiality and protection of reputation
Latam – Spain – Israel Activities
Data Protection Officer (DPO) Services
A candidate in the elections for a workers’ committee contended irregularities in the election. He demanded to receive full footage produced by the security cameras watching the entrances to the voting area in addition to those videos that were given to him and were edited to prevent the identification of those present. The Court granted […]
Even if a will expresses the free will of the testator it does not mean that the testator was necessarily qualified to make it
Wills and Estates
Notarial wills and testaments
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A woman made a will in 2012 in which she distributed her property to her three children. In 2017, after it was determined that she did not need a guardian despite being an 84-year-old and nursed, she made a will in a haste before a notary who did not ask her for a medical certificate, […]
The police lacks authority to conduct a consensual search of computer material in the absence of a judicial warrant
Criminal Law
The Public Defender’s Office filed a motion to quash the State Attorney’s directive and the temporary order of the Police Investigations Division based on it, which allows a search of computer material with the consent of the person who owns it and without a judicial order. The Supreme Court accepted the petition and found that […]
A partner who terminates a partnership agreement in bad faith may be obligated to pay compensation for loss of entrepreneurial profit
Business, Corporate and Joint Ventures
Dispute Resolution
A farm owner terminated a partnership agreement with a company engaged in the marketing and construction of solar systems in favor of an engagement with a competing company, contending that he was entitled to terminate the partnership agreement at any time. The Court partially accepted the claim and the farm owner is to pay compensation […]
Who owns the cloud?
High-Tech and Technology
Privacy, GDPR, Confidentiality and protection of reputation
An article regarding intellectual property rights in engagements between cloud-based SaaS providers and clients, and the importance of precise agreement drafting by a lawyer specializing in the field. The article was written by Adv. Adi Marcus of Afik & Co..
Eligibility for zero VAT is not determined by the decision of the service providers, but by the conditions stipulated in the law
Taxation and Government Incentives and Funding
Dispute Resolution
A company that provides medical tourism services was obligated to pay VAT for hospitalization and related services in cases where the tourist paid it and not to the medical service providers, and they obligated it to pay VAT. The Court held that the cases should be examined on their merits and not on that the […]
