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Latest Updates / Capital Markets
July 12, 2020
Dividend Distribution in Times of Covid-19
The recent dividend distribution by TASE-traded company Fox-Wizel Ltd. after receiving emergency funding from the Israeli government not only raised moral questions but also underscored the complexity facing many companies at this time. Globes published an op-ed by Micky Barnea in response to the backlash following the company's actions. Micky noted that a key challenge faced by companies is how to balance between dealing with the difficulties and uncertainties of the COVID-19 era, on the one hand, and the desire and responsibility to continue operations as commercial enterprises, on the other.
July 9, 2020
Remuneration Policy: New Reliefs for Officers’ Insurance
The Israel Securities Authority announced a new relief for public companies regarding directors’ and officers’ liability insurance. This relief will enable companies to include in remuneration policies only the scope of the insurance coverage, without the other parameters required to date.
July 9, 2020
Fintech Companies: New Program to Facilitate Regulatory Reliefs
Although Israel is a world leader in the fintech field, companies operating in this area face many regulatory challenges. A newly published legal memorandum aims to enable the creation of a “sandbox”, with inspiration from various programs already implemented in Japan, Australia, and Singapore. The goal is to establish a unique experimental environment, a “regulatory sandbox,” where regulatory relief is granted to companies who choose to participate in the program.
July 7, 2020
Banks Required to Share Information about Clients with Other Financial Bodies
As part of a broad change led by the Ministry of Finance to increase competition in the banking and financial services market, a memorandum for the Provision of Financial Information Services Law was recently published for public comments.
July 6, 2020
Israel: How to Identify Suspicious Use of Virtual Currencies
Prompted by the use of digital currencies to fund terror and other illegal activity, the Israel Money Laundering and Terror Financing Prohibition Authority has published a document aimed at assisting financial bodies and law enforcement agencies to identify improper activity in this field.
July 2, 2020
Taxation of Hedge Funds in Israel – A Short Guide to the Perplexed
A hedge fund is an entity comprised of several investors seeking to invest in financial assets to achieve a common profit, where the execution of the investment may change from one fund to another, in accordance with the investment strategies put in place by the fund manager.
June 24, 2020
New Capital Raising Channels to Be Made Available on the Tel Aviv Stock Exchange
The Israel Securities Authority has approved expanding the trading activity conducted on the trading platform for institutional investors of the Tel Aviv Stock Exchange (referred to as TACT), so that additional types of securities may be issued and traded on it.
June 21, 2020
Crowdfunding Regulation in Israel
In a short video, Dr. Zvi Gabbay explains the crowdfunding model, which has become an attractive channel for both investors and companies seeking funding, and overviews current regulation in Israel.
June 17, 2020
Adjustments to Required Disclosures in Reports in Light of the Coronavirus
Several weeks ago, the Israel Securities Authority published a staff position paper on the consequences of the coronavirus crisis for the disclosure and financial reporting included in the 2020 first quarter report.
May 27, 2020
Every Crisis Is an Opportunity – Webinar
On June 2, we will host a webinar together with the ACC addressing the opportunity to upgrade the role of compliance officer in light of the coronavirus crisis. The webinar is geared for compliance officers and legal counsels.
May 24, 2020
An Opportunity for Regulators
The Israel Securities Authority's current enforcement policy forces officers and companies that have acted in good faith to prove as much in an administrative enforcement proceeding. Check out Shir Rozenzweig's op-ed in TheMarker about how regulators can adjust this policy.
May 20, 2020
Doing Business in Israel – Practical Law
This year, we were once again responsible for preparing the QA guide on doing business in Israel for the Practical Law website. The guide provides an overview of recent key developments that have affected doing business in Israel, including the legal system, foreign investment, employment, tax, competition, privacy, IP, etc.
May 7, 2020
FIMI Acquires Control of Amiad Water Systems
FIMI Opportunity Funds, a private investment fund, recently completed the acquisition of control of public company Amiad Water Systems Ltd. Micky Barnea represented Hachoshlim Fund Cooperative Agricultural Society Ltd., Amiad's largest shareholder, in the deal. As part of the deal, FIMI agreed to invest about USD 19 million in Amiad for a share allocation, thereby acquiring 5% more of the company's shares.
May 3, 2020
Capital Markets in the Age of Coronavirus
An MA expert, Micky Barnea was interviewed by the leading newspaper Globes as part of an extensive analysis on the long list of major deals that are being canceled and the financial uncertainty in this period. The article highlights how huge corporations are able to afford what little companies and the self-employed can only dream of. According to Micky, "Starting in February, we noticed a phenomenon in which time has become elastic. Usually people strive to keep deals at a steady pace, and once the handshake is made, they want to move faster. Now, less people are hurrying to complete a deal. They are taking time to see what will happen next in the market.”
April 28, 2020
Libra 2.0 – From Global Currency to a Payment Method on Facebook’s Platform
After Libra, Facebook’s ambitious global digital currency venture, faced fierce resistance from regulators around the world, Facebook has announced “Libra 2.0.” The venture is set to undergo far-reaching changes that, on the one hand, will likely do away with regulatory concerns, but, on the other, will force Facebook to give up its original vision, i.e. a quick and simple transfer of digital currencies between accepted users worldwide without the need for a bank account.
April 19, 2020
Mobileye Insider Trading Investigation: Representing Former Syneron VP in Settlement with SEC
On April 17, the United States Securities and Exchange Commission dropped its case against our client Amir Waldman. Waldman, the former vice president of Israel-based medical device company Syneron Medical Ltd., was alleged to have made USD 4.3 million via insider trading on an autonomous driving system technology developer. He will pay the SEC nearly USD 2.2 million to end a civil enforcement lawsuit, a New York federal district judge announced Friday. We commented on the decision as follows: "As in many cases, here too, a negotiation was being conducted at the same as we were preparing for trial, and it ultimately ended with an excellent result. This is a civil not a criminal case, and the arrangement, under which Amir does not admit or deny the facts, allows Amir to move on."
April 7, 2020
ISA and TASE Publish Reliefs for Public Companies and Reporting Corporations
In light of the global coronavirus crisis, the Israel Securities Authority (ISA) has published several steps toward easing the burden on public companies and reporting corporations whose securities are traded on the Tel Aviv Stock Exchange.
April 5, 2020
Israel Capital Markets Authority Adopts Zohar Lande’s Strategy to Rescue Corporate Market
Dr. Moshe Bareket, the Director General of the Israel Capital Markets Authority, has proposed postponing payments, by deferring or replacing debt in order to raise interest rates to bypass a debt settlement, as part of a rescue plan for the corporate market. His proposal is largely based on the method presented by Adv. Zohar Lande, the head of our Litigation Department, in an op-ed published earlier this week.
April 2, 2020
ISA Publishes Temporary Order on Clarification of Clients’ Needs
In response to the Corona pandemic, the ISA published on March 30, 2020, a temporary order for license holders in connection with the clarification of clients' needs.
April 2, 2020
Israel: Updates for Portfolio Managers and Investment Advisors and Marketers in Light of the Coronavirus Crisis
In light of the coronavirus pandemic, the Israel Securities Authority (ISA) recently released a number of updates and reliefs on the obligations that apply to portfolio managers and investment advisors and marketers.