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/ Capital Markets
Israeli Private Companies and Prospectus Obligations | Barnea
November 19, 2023
/ by
Alon Anava
For Israeli private companies aiming to secure investments, it is crucial to have a solid understanding of the obligations set forth by the Israeli Securities Law. Chief among these is the prohibition on conducting public offerings of securities without a proper prospectus, which, if violated, could lead to legal scrutiny.
See full post >
Dr. Zvi Gabbay Interview with Tony Petrov on Future of Crypto
July 20, 2023
/ by
Zvi Gabbay
Dr. Zvi Gabbay, the head of our Capital Markets Department, was interviewed by Tony Petrov, the chief legal officer at Sumsub. The two discussed financial regulation, the crypto industry, and jurisdictional settings. Topics also included FTX’s collapse, the SEC charges against Coinbase, and the future of crypto regulation.
See full post >
Default Arrangements in Israeli Investment Funds – Unwritten Provisions in Partnership Agreements
June 19, 2023
/ by
Roy Engel
,
Yakov Vilenski
Many investors and fund managers are unaware that a simple reading of the relevant partnership agreement is not sufficient to get the “full picture” of the legal conditions that apply to their specific limited partnership.
See full post >
The Business Judgment Rule – a Director’s Best Friend
May 2, 2023
/ by
Zvi Gabbay
Board members looking to protect themselves from lawsuits pertaining to the proper fulfillment of their duties must fully understand the three principles of the business judgment rule. Because what is true in Delaware is also true in Israel.
See full post >
Global Trends in Law Enforcement against Corruption Crimes
April 2, 2023
/ by
Hadar Israeli
,
Anat Shubat
,
Eran Elharar
,
Shir Rozenzweig
Corruption crimes and other economic offenses are being tackled more stringently in the global arena, but it appears the Israeli government’s wave of legislation could catapult it outside the global trend, and thus subject Israeli entities and individuals to international enforcement.
See full post >
Advantage to Israeli Banks When Self-Exercising a Deposited Pledge
February 21, 2023
/ by
David (Dudi) Cohen
,
Idan Miller
Collateral in the form of a deposited pledge is an easy and inexpensive way to secure credit. However, Israeli law does not allow foreign banks to benefit from an efficient and effective mechanism enabling debt recovery by way of the self-exercise of collateral. There is no real justification for this and it harms competition in the credit market.
See full post >
2022: A Turbulent Year for the Cryptocurrency Sector
January 8, 2023
/ by
Andrey Yanai
On the one hand, the cryptocurrency industry is still in the throes of the crisis caused by a series of bankruptcies and one of the biggest scandals in the world of finance. On the other hand, transparent and decentralized alternatives to the centralized financial sector demonstrate why they are so important, as well as their ability to function effectively even in times of crisis.
See full post >
2022: Developments in Financial Service Providers Regulations
January 3, 2023
/ by
Anat Even-Chen
,
Ori Rodriguez
This article summarizes the regulatory developments imposed on financial service providers, including of non-bank credit and financial asset services, and the key measures companies engaging in this sector should take in preparation for 2023.
See full post >
Doing Business in Israel: Hedge Funds
November 16, 2022
/ by
Zvi Gabbay
Hedge funds can prove to be a particularly attractive channel in a small market like Israel, precisely because more sophisticated investment strategies and exposure to the international capital market are necessary to create added value over the “usual” market volatility.
See full post >
The Courts and the Metaverse – Service of Process through NFTs and Other Innovations
November 2, 2022
/ by
Haguy Kessel
Extensive business activity in the metaverse and in the crypto sector is forcing judicial systems worldwide to evolve. Will the judicial system in Israel follow suit?
See full post >
Public Corporations and Public Announcements – between the Rock of Israeli Competition Law and the Hard Place of Securities Law
August 7, 2022
/ by
Gal Rozent
,
Hagit Ross
While the Israeli Securities Law obligates public companies to report their activities fully and transparently, the Israeli Competition Authority may prosecute them precisely for doing so.
See full post >
Crypto Custody Services and Regulation – A Review
July 20, 2022
/ by
Anat Even-Chen
,
Andrey Yanai
The issue of whether a party is or is not a custodian may have far-reaching implications. Institutional investors, corporations, exchanges, individuals, and crypto miners all have strong demand for crypto custody services, as provided by special market participants.
See full post >
First US Indictment for NFT Insider Trading Offenses
June 22, 2022
/ by
Andrey Yanai
The indictment (US v. Chastain) marks the first time federal prosecutors have brought charges alleging insider trading with digital assets.
See full post >
Cryptocurrencies – If You Can’t Beat Them, Regulate Them
March 15, 2022
/ by
Zvi Gabbay
Crypto regulation – It’s the authorities’ turn to act and allow for integration of the industry into conventional economic activities.
See full post >
Dual-Listed Companies – a Fly in the Ointment
February 23, 2022
/ by
Eran Elharar
When dual-listed companies have no real link to Israel, the ISA needs to check its considerations, and investors even more so.
See full post >
Between an Offering Prospectus and a Shelf Prospectus
February 20, 2022
/ by
Hagit Ross
The prospectus has four key objectives: to give investors information so that they make rational investment decisions; to deter the company and its executives from inappropriate behavior; to encourage public trust in the capital market; and to increase efficiency in the securities market.
See full post >
Will NFTs Push Regulators to Regulate the Metaverse?
January 3, 2022
/ by
Zvi Gabbay
Currently, most regulators and governments are on the fence with regards to NFTs, waiting to see what other jurisdictions do or how the market develops. In some instances, governments and regulators are trying to address this issue more actively, but with very different outcomes.
See full post >
Implications of European Whistleblower Protection Directive on Israeli Companies
July 13, 2021
/ by
Zvi Gabbay
By October, companies in the European Union employing at least 50 employees will be required to operate an internal reporting system for reporting misconduct that may indicate compliance violations. Furthermore, all companies in the EU, regardless of size, will be required to ensure the protection of whistleblowers from all types of retaliation. The EU Whistleblower Protection Directive originally came into force in October 2019. It gave EU member states two years to prepare to incorporate the directive into their national legislation. Prior to the enactment of the directive, no uniform binding legislation applied to all EU member states and only 10 member states had enacted national legislation in this regard. The upcoming inception of national whistleblower protection laws throughout the EU will naturally trigger a ripple effect.
See full post >
Five Key Points on Capital Raising for Hedge Funds
May 9, 2021
/ by
Roy Engel
The cornerstone of a successful hedge fund is a successful investment strategy. That is self-evident. However, if the managers of the potential hedge fund are not successful in raising capital, this potential will never be tested or realized. We list below the five key points we believe hedge fund managers should take into account when raising capital for their funds.
See full post >
Technology IPOs – A Meeting of Cultures at the Tel Aviv Stock Exchange
March 16, 2021
/ by
Michael Barnea
Israeli tech companies have recently joined the wave of initial public offerings on the Tel Aviv Stock Exchange. This is not the first time tech companies have gone public on the TASE and it will take some time to see if this is a real trend or a temporary phenomenon motivated by the tide of capital markets activity in the coronavirus era.
See full post >
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