Heskia - Hacmun Law Firm

Corporate & Commercial

Heskia-Hacmun Law Firm provides legal counsel to corporations in legal matters related to Israel. The activities are carried out with a systematic view of the client’s business, from the client’s point of view, in order to realise his objectives. Our clients include banks, financial corporations, and insurance companies. We also represent companies in the fields of telecommunications, media, logistics, and pharmaceuticals. Whether you are an established Israeli company, or a foreign company planning to start doing business in Israel, we can provide you with the corporate and commercial legal support you need.  

Corporate Law 

Israel’s corporate law practice is based primarily on the Companies Law (1999), which prescribes the modern structure for business entities, both private and publicly traded. A company can be registered as a ”Private Company” or as a ”Public Company.”

Corporate law in Israel is often referred to as company law, and it focuses on the governance of companies and the rights, relations and conduct of businesses. Corporate law matters also relate to the growth, maturity or decline of a business. Each of these distinct corporate phases create changes in business operating landscapes, and specialized knowledge is necessary to provide appropriate guidance in this complex area of law. Our experience extends to the legal framework of finance, operating of a company, corporate governance, bankruptcy, secured transactions and corporate reorganizations, antitrust law, and the law of regulated industries. 

Litigation and Arbitration

Heskia-Hacmun Law Firm provides representation in legal proceedings concerning commercial matters.The State of Israel is a highly litigious country, having the larges number of lawyers per capita. Israel has an independent, adversarial legal system. The disputing parties define the scope of their dispute and the court will adjudicate on the basis of their pleadings and the evidence they present. In making a legal determination, the court will apply the law, consisting of legislation enacted by parliament, implementing regulations, and legal precedent.  

The Israeli judiciary is composed of a general court system and specialized tribunals with limited subject matter or personal jurisdiction such as labor courts, administrative courts, military courts and family courts. We represent locals, foreigners based in Israel, and international clients in their legal disputes in any of these courts and tribunals. 

Dispute Resolution

In practice, more and more transactions and legal acts are being brought before the courts or other dispute resolution institutions. Our team focuses on anticipating and assessing the chances and risks from the client’s side and on electing the best possible course of action for the client. The service is rendered to assist the client in continuing to realise his business objectives during the course of legal proceedings. A damage control system is constantly used to review the necessity of the legal proceedings and their effectiveness along the way.

The arbitration process ends with an arbitral award, which may be submitted to court for confirmation. A court-approved arbitral award has the same legal standing as a court judgment and, therefore, is enforceable. 

Sometimes, we also advise our clients to seek mediation, a process where the parties meet with a neutral third-party who helps them negotiate their differences. They attempt to bring the parties together by identifying important issues and helping them communicate and see points of commonality. While the parties are not bound by mediation often, if the dispute is relatively straightforward and the parties are motivated, mediation can result in an expedited and cost-effective resolution.

Real Estate

Any number of legal issues arise related to the purchase, sale, and/or ownership of real property. These issues range from zoning inconsistencies to tax challenges to real property ownership by foreign investors. Heskia-Hacmun Law Firm specializes in real estate matters both complex and simple, from the purchase or sale of an apartment to a complex development project.  

Legal Challenges and Opportunities in the Purchase and Sale of Real Estate

Israeli law recognizes various land rights including freehold land, long term and short term leases with the Israel Lands Authority. Different legal safeguards are necessary depending upon the nature of the land rights in question. 

Various types of problems and opportunities can arise in the sale and purchase of property which require legal advice and guidance. For example, often purchasers and sellers of real estate discover only after signing the sale contract that the real estate does not meet appropriate building requirements. This could be because, for example, previous owners have constructed additional rooms, closed in a balcony, or undertaken some other type of construction or demolition without proper authorization. 

In some instances, complications arise where the intended use of the land by the purchaser does not match the zoning regulations. It is, therefore, imperative that diligent and thorough checks take place with the appropriate zoning authorities before the purchase or sale in order to ensure that all is in order. Otherwise, it may be necessary to pay substantial levies or taxes, or contractual damages to your seller or purchaser.

An opportunity is offered to real property owners by so-called Tama 38 projects, the national zoning plan that deals with the reinforcement of existing residential buildings against earthquakes or even rebuilding them from scratch. Property owners who engage in these transactions are eligible for additional building rights or tax benefits.