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CLIENT UPDATE
Update with Regard to the Prohibition on Offering Securities-Trading Services ("Brokerage")
Dear Clients and Friends,
 
On July 6, 2017, Section 49A of the Securities Law, 5728-1968, came into force, which concerns the prohibition of offering securities trading services through a securities trading system that is not managed by a stock exchange. However, alongside the prohibition, the Chairman of the Israeli Securities Authority ("ISA") was authorized to grant a permit to apply for such an offer if he found that this does not harm the interests of the Israeli investors.
 
After discussions held by our firm with the ISA (on October 23, 2017), our firm published a customer update in which we recommended that entities or individuals wishing to continue offering securities trading services through a securities trading system managed by an exchange outside of Israel, should apply to the Chairman of the ISA. To view the Client Update – click here.
 
After discussions and meetings with the ISA, on November 8, 2017, the ISA published a notice stating that the applicability of the prohibition in section 49A is very wide and that the ISA is currently examining the policy of granting the relevant permits. The ISA indicated that until the policy is published, the ISA staff will refrain from taking enforcement measures against a person engaged in providing such services.
 
Our firm is in constant contact with the ISA and assists individuals and corporations in accepting positions of the ISA on this matter. We are at your service in order to examine whether your activity requires a preparation and submission of a request for a permit to the Chairman of the ISA in this matter.
 
To view the full wording of the Amendment - click here.
To view the ISA notice - click here.
 
Please do not hesitate to contact us with any questions, or if you require any clarification regarding the above matter.
 
Sincerely,
Herzog Fox & Neeman

KEY CONTACTS 

Ilanit Landesman-Yogev| Partner
Head of Capital Markets and Securities Department
Tel: +972 3 692 2091
landesmani@hfn.co.il


Natalie Jacobs| Partner
Banking and Finance Department
Tel: +972 3 692 5520
jacobsn@hfn.co.il


Liat Maidler| Associate
Capital Markets and Securities Department
Tel: +972 3 692 2871
maidlerl@hfn.co.il


USEFUL INFORMATION
 
To read more about HFN's Capital Markets and Securities Department, click here.

To read HFN's blog page please, click here.

For further inquiries, please contact the following lawyers:

Zac Rechtschaffen

zrecht@hfn.co.il
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