The Israeli Innovation Authority & Its Role in Venture Lending
The IIA grants R&D grants with significant strings attached. Lenders must understand royalty repayment obligations, transfer restrictions, and the approval process before taking security over IIA-funded IP.
Foreign and domestic lenders operating in Israel may trigger licensing requirements under the Joint Investment Trust Law and the Supervision of Financial Services Law. Key exemptions exist but require careful structuring.
Interest income, withholding tax obligations, treaty benefits, and the Israeli tax treatment of warrants are critical considerations. Proper structuring can significantly reduce tax friction for cross-border lenders.
Fixed vs. Floating Charge: The Risks of Recharacterization
Israeli courts may recharacterize a purported fixed charge over fluctuating assets as a floating charge, with serious priority consequences in insolvency. Lenders must draft and control collateral with precision.
Israeli Insolvency Law and Enforcing Security Interests in Israel
Israel's Insolvency and Economic Rehabilitation Law (2018) modernized creditor rights. Understanding automatic stays, administrator powers, and ranking of secured creditors is essential for any venture lender.
Upstream Guarantees by Israeli Companies: Risks & Considerations
Israeli subsidiaries guaranteeing parent-entity debt face solvency, corporate benefit, and board-duty challenges. Lenders relying on upstream guarantees must assess enforceability risks under Israeli corporate and insolvency law.