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December 25, 2016

New Financial Services Law Establishes Mandatory Licensing Requirement for Financial Service-Providers

The Law establishes a mandatory licensing requirement for financial service-providers – credit providers or providers of financial asset services. One of the main innovations in this Law is that Financial Services Providers will be subject, for the first time, to supervision by a new financial regulator. 

December 21, 2016

Foreign Corporations Also Have No Immunity – Organizing a Restrictive Arrangement is Liable to Lead to Criminal Sanctions

A restrictive arrangement organized between an Israeli corporation and a foreign corporation, which results in significant harm to the competition in the Israeli market, is subject to the Israeli Restrictive Trade Practices Law.

November 7, 2016

Doing Business in Israel: a Nation Friendly to Business Investment

Companies, countries, and individuals who are interested in doing business abroad are looking more and more towards Israel. This has not occurred by accident. Israel has devised and implemented national policies to make it a world leader in technology and innovation. The result is a nation friendly to business investment. With the right business and legal guidance, investors are discovering tremendous potential in this small but sophisticated country.

October 13, 2016

Hackathon for Sustainable Urban Mobility

Adv. Asaf Shalev will serve as a mentor and participate at the Herzliya sustainable urban mobility Hackathon, which takes place on October 27th , in cooperation with the European Union.

September 13, 2016

How Brexit Might Affect the UK's Environmental and Energy Law

The European Union (EU) has driven environmental policy across Europe since its inception in 1992. With the United Kingdoms (UK) referendum of withdrawal from the EU, though, how it responds in its energy and environmental legal and regulatory structure could affect not only the UK, but the European and even the global marketplace.

June 16, 2016

Legal Acrobatics "In Praise of the Probability Test" - Comments and Criticism

Dr. Zvi Gabbay, Head of the Capital Markets Department at Barnea - Legal Acrobatics "In Praise of the Probability Test" - Comments and Criticism was mentioned in the recent ruling of the Supreme Court relating to the question of what knowledge is required to establish a Reporting Duty for a Company. Dr. Zvi Gabbay’s article critically examined the Africa Israel ruling, which was adopted by the Economic Department of the Tel Aviv District Court, stating that the relevant test for deciding whether the information fits into the definition of "inside information" is the "test of expectation". The Court had to decide whether the information during negotiations for a transaction had matured into "inside information" (which prevents a person having such information from trading securities, for as long as such information has not been reported to the investing public). The "test of expectation" used by the judges of the Economic Department provides that in order to determine whether a particular event in the life of the corporation is material, the probability of the event should be weighed against its expected impact on the corporation. In other words, the stronger the anticipated event is for the corporation and its business, the more information about it will be material, even if the probability of occurrence of the event is low, and vice versa. In his article, Dr. Zvi Gabbay highlighted the problem of "excessive regulation" taking place in the market, and the need to equip the capital market with practical tools that will enable the supervised bodies to deal appropriately with the reporting duties imposed on them by the Securities Authority. The solution to this issue, according to Dr. Zvi Gabbay, lies in the development of the "agreement in principle" test. According to this test, information on a transaction will be material and must be reported only when agreement has been reached between the parties with regard to the main details of the transaction. The "agreement in principle" test will provide the supervised bodies with an easier, simpler, and more convenient tool for assessing the information related to their ongoing activity, while increasing certainty in the market.

February 25, 2016

Amendment to the Definition of “Classified Investor” in the Israel Securities Law

As part of the Israel Security Authority’s (ISA) measures to relax certain existing regulations, it has promulgated the Securities Order (Amendment to the First Addendum to the Law) regarding the definition of a “classified investor.” This amendment will come into effect on March 25, 2016.

November 8, 2015

Reform of Regulations Relating to Vetinary Supervision is important news for consumers in Israel

Recently the Economic Plan Bill, 2015 was enacted in Israel, which, inter alia, deals with regulations pertaining to veterinary supervision over meat products being marketed in Israel and introduces certain reforms in this regard. These reforms are important news for consumers in Israel, both in terms of protecting public health and considering the reform’s significant potential for reducing the cost of living. 

November 8, 2015

“Green Licensing” Reform in Israel

Recently, the Israeli Ministry of Environmental Protection published a preliminary draft bill relating to the proposed Integrated Environmental Licensing Law, 5775-2015. This preliminary draft bill, which is based on the European Union’s Industrial Emissions Directive 2010/75/EU, was disseminated as a result of the Israeli government’s decision in April 2015 to work towards improving environmental regulations and encouraging “green” growth by promoting an integrated environmental licensing law. This came in the wake of the Israeli government’s commitment as part of its OECD accession process, after a number of years of collaborative efforts between the Ministry of Environmental Protection and other government ministries and after consulting with numerous authorities in the business, public and third sectors.

October 29, 2015

EU Court invalidates Safe Harbor Arrangement – repercussions for Israel

Recently, an official announcement was issued on behalf of the Law, Information and Technology Authority of the Israeli Ministry of Justice ("ILITA"), as a result of the ruling of the European Union’s Court of Justice invalidating the Safe Harbor Arrangement governing transfers of personal information from Europe to the United States – at this stage, the transfer of personal information from Israel to organizations in the United States on the basis of that arrangement is prohibited.

January 27, 2015

Draft maritime zones bill to clear the water for Oil & Gas Exploration

The recent decision of the Antitrust Commissioner with regard to the existence of a natural gas monopoly illustrates all the more emphatically the absence of an orderly legislative framework to regulate all matters pertaining to oil and gas exploration and production in Israel. Nevertheless, moves are being made to clarify the regulatory framework concerning off shore Oil Gas. A few weeks beforethe Commissioner’s decision,  the government had submitted a draft bill to the knesset on the matter of Israel's maritime zones. The draft bill is worded in a way that adopts the customary provisions of the international Convention of the Law of the Sea of 1982, even though the State of Israel is not one of its signatories. The draft bill defines five maritime zones, including the exclusive economic zone of the State of Israel. Besides defining the boundaries of the exclusive economic zone, the draft bill also prescribes the State’s powers and authorities and the laws that shall apply to that zone. The adoption of the draft bill by the knesset will create certainty and reduce the ambiguity surrounding all issues pertaining to oil and gas exploration, production, utilization and management in Israel’s economic waters. and should encourage foreign companies to consider entry into the Israeli market.

December 16, 2014

The Treatment of Electrical and Electronic Equipment and Batteries Law

The Treatment of Electrical and Electronic Equipment and Batteries Law came into effect recently. Asaf Shalev,head of Environmental Law at Barnea Co explains the Law and its ramifications for suppliers, distributors and marketers.

December 16, 2014

Treatment of Electronic Waste

The Environment Treatment of Electrical and Electronic Equipment and Batteries Law came into effect recently, as well as the regulations promulgated thereunder. The Law and the regulations prescribe arrangements for the environmental treatment of electrical and electronic equipment, batteries and accumulators in Israel in order to encourage re-use of electrical and electronic equipment, batteries and accumulators and in order to mitigate the negative effects of such equipment and batteries and of the waste generated by them on the environment and on public health.

January 1, 2012

The Challenges of technological innovation in water in Israel

Israel is proud of its water industry. It is an Industry that is based on limited resources and growing needs of the domestic water market, the global thirst for water solutions in all areas and the global reputation of companies that deal with Israeli water technology. Israel is also known for its technological industries. The local industry was based upon proven capabilities for initiating, financing, growth and realization of the companies in all areas of technology and life sciences. 

January 26, 2011

Barnea & Co. advised GES Global Environmental Solutions Ltd.

Barnea advised GES Global Environmental Solutions Ltd. in connection with an international tender issued by the Republic of Rwanda for the supply and installation of two containerized water treatment units.