Sunday, October 30, 2011

Israel Company Formation and Registration

The following is a translation from the instructions on the website of the Registrar of Companies of how to register a company in Israel:

In order to register a company in Israel, you must submit to the Registrar of Companies, the following documents:
1.       Company bylaws (Article 8 of the Companies Law)
A.     The bylaws shall include the following information (Article 18):
                                                                 i.      The company name - A company may register any name in accordance with paragraphs 26 to 31 of the Companies Law.
a.       If the name is invalid and must be changed, it cannot be changed by simply updating the bylaws.

Tuesday, October 18, 2011

Catch and Release- Israel Style



In a few hours the government of Israel is going to release the first batch of hundreds of convicted terrorists in exchange for captured soldier Gilad Shalit, with the release of hundreds more in a few days. Gilad Shalit's parents single-handedly waged a battle to get their son back. They did what any parent would do but it has been questioned whether the government was inordinately swayed by a vocal minority. But in fact, Israelis are generally supportive of the exchange. The most vocal opposition to the trade are the families of victims of terror attacks who don't want to see their loved ones' killers be released before serving their time. Needless to say, this is a complicated issue. I am most interested to hear from Gilad Shalit (when he is ready to talk about this whole episode) about whether he thinks the government did the right thing in agreeing to this exchange.
This reminds me of a review of the movie Saving Private Ryan by Mark Steyn:

Tuesday, October 11, 2011

Now Accepting Guest Bloggers

I am looking for Guest Bloggers to write articles about the Israeli law scene. Comparative analysis of Israeli law versus other systems especially Jewish law are most welcome, as well as in depth pieces on current issues before the courts. If you have something you'd like to post, please send me an email.
Thanks

Thursday, October 6, 2011

2 Class Actions Against PelePhone Certified by District Court

The Tel Aviv District Court recently approved a class action lawsuit filed against cellular phone provider Pelephone for charging customers a fee of 85 NIS in order to unlock their phones for use with SIM cards from other providers. The complainant claimed that such fees were against the Communications Law and violated the terms of PelePhone operating license.
PelePhone argued that it did nothing wrong.

Another class action against PelePhone was also certified around the same time. This one had to do with PelePhone option for customers to pay for music to be played to callers to their numbers in place of a standard ring. Customers paid 6.93 NIS for the service. Before the music was played to callers, they heard a 5.6 second message saying, "Do you like this song? If so, press * two times and it will be sent to your cellphone, for a fee." The lawsuit claimed that PelePhone did not have the customers' permission to solicit these purchases on time that was ostensibly paid for by the customers for the transmission of music.The lawsuit claimed the PelePhone breached its agreement and was unjustly enriched on the backs of its customers.
PelePhone claimed that it provided discounted songs to customers and because of that benefit, the class action did not accurately represent all of its customers and was against their interests. Further they claimed that most of their customers knew about the messages and so implicitly agreed and furthermore, it was easy to cancel the service and the messages by speaking with a PelePhone representative.
The Court rejected PelePhone's claims saying that it was not clear that customers knew about the messages and that they could cancel the messages. The Court also rejected the argument that the service benefited customers because it was still a source of revenue for PelePhone and appears to be a breach of the contract. PelePhone used the paid-for time of its customers without their permission.

Both of those decisions only permit the class action to proceed; there will be further decisions about the substantive issues at a later date unless the parties reach a settlement. 

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