IIEffective Insolvency and Creditor Rights Systems
The 2005-2006 "European Restructuring and Insolvency Guide," published by PricewaterhouseCoopers (PwC), states that Israel's insolvency legislation provides three options to companies in financial distress: liquidation, receivership, and voluntary arrangements arrived at between the debtor firm and its creditors. According to PwC, the law is primarily focused on the protection of creditors' interests, prioritizing them over the interests of either the debtor firm or third parties such as employees and customers. PwC notes that there is no comprehensive regulatory framework dealing with recovery, but adds that this sometimes can be advantageous, since it permits the courts to tailor their arrangements to suit the prevailing market conditions and other considerations specific to an individual case. All insolvency procedures are supervised by the court, which prioritizes the optimization of debt repayment. Israel recognizes the binding force of international judgments. It is a member of the International Center for the Settlement of Investment Disputes and the United Nations Commission on International Trade Law (UNCITRAL). It is a signatory of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However, the UNCITRAL website does not list Israel as having adopted legislation based on the UNCITRAL Model Law on Cross-Border Insolvency. Beyond this, however, there is insufficient publicly information regarding Israel's compliance with the Principles and Guidelines for Effective Insolvency and Creditor Rights Systems developed by the World Bank.
Read More
IDInternational Financial Reporting Standards
Accounting standards in Israel are set by the Israeli Accounting Standards Board (IsASB). In June 2005, an agreement was reached among the IsASB, the Institute of Certified Public Accountants in Israel, and the Israel Securities Authority to adopt International Financial Reporting Standards (IFRSs) in full, in place of national accounting standards, effective in 2008. However, as the Deloitte IAS Plus website indicates, it was later decided to require IFRSs for listed companies only, and to provide other companies with the option to do so. As far as the accounting requirements for banks are concerned, per a 2008 report by the IMF, the Bank of Israel sets specific requirements for the entities under its jurisdiction. These standards are a mixture of U.S. GAAP and the Israeli accounting standards, a situation which with the adoption of IFRSs for listed companies, the IMF warned in 2006, could cause confusion in the future. Unlisted companies opting not to use IFRSs, will continue using Israeli accounting standards which differ from IFRSs. However, the website of the IsASB states that Israel is committed to adoption of IFRSs on a standard by standard basis, and the IsASB has already approved 10 International Accounting Standards (IASs), with 9 IASs pending and another 8 in the adoption process.
Read More
IDPrinciples of Corporate Governance
In August 2004, the Israel Securities Authority (ISA) appointed a committee (named the Goshen Committee) to examine corporate governance in Israeli public companies. Its final recommendations were submitted in December 2006. According to an ISA February 2007 press release, the Committee placed great importance on setting proper corporate governance standards and rules that align with standards adopted in leading western economies. The Goshen Committee emphasized the imposition of disclosure requirements on public companies and followed an "adopt and disclose" principle instead of the "comply or explain" approach. In February 2007, the ISA approved general guidelines, agreed upon with the Ministry of Justice, which define the level of disclosure and will be obligatory for companies under the Securities Law. The guidelines are based on the Goshen Committee recommendations. As of November 2008, it appears the draft has not been passed into law. In November 2006, the ISA published a report summarizing the state of corporate governance in Israeli corporate and securities law as measured against the Organization for Economic Development and Cooperation's (OECD) Principles of Corporate Governance. The report indicates that Israel is moving towards compliance with the OECD Principles. Also, a 2006 ISA Annual Report notes that Israel is recognized by the World Bank as one of the highest ranked jurisdictions in terms of investor protection. This is confirmed by the latest 2009 World Bank Doing Business report, which rates investor protection in Israel as significantly higher than the average achieved by member states of the OECD.
Read More
NCInternational Standards on Auditing
The Auditing and Assurance Standards Committee of the Institute of Certified Public Accountants in Israel (ICPA) sets the Israeli auditing standards. According to the self-assessment prepared by the ICPA in 2006 as a part of the International Federation of Accountants' (IFAC) Member Body Compliance Program, auditing standards in Israel are based on the International Standards on Auditing (ISAs) issued by the International Auditing and Assurance Standards Board of the IFAC. However, most of the Israeli standards are based on the original versions of ISAs, and revisions of ISAs have not been incorporated into the Israeli auditing requirements.
Read More
ENAnti-Money Laundering/Combating Terrorist Financing Standard
In 2008, the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) released a report assessing Israel's anti money laundering (AML) and combating the financing of terrorism (CFT) regime against the Financial Action Task Force's (FATF) forty recommendations and nine special recommendations. The report concludes that, overall, the AML/CFT system in the country is functioning. However, the system does exhibit certain shortcomings, most notably the lack of preventive measures within Designated non-Financial Business and Professions (DNFBPs). Of the 40 plus nine recommendations and special recommendations, the 2008 MONEYVAL report finds Israel non compliant with only three, all relating to DNFBPs. Israel's legal framework for criminalizing money laundering, according to the report, largely conforms to international standards, and its CFT regime "adequately" covers terrorist financing as stipulated by the FATF's special recommendation II. Israel's seizure and confiscation regime is "modern and robust" per the MONEYVAL report, and Israel's law enforcement agencies are well equipped with adequate resources. The country's financial intelligence unit is the Israeli Money Laundering Prohibition Authority. In terms of financial institutions and their supervision, Israel is rated as partially compliant with FATF recommendations relating to customer due diligence, record keeping, internal controls, and largely compliant regarding suspicious transaction reporting. The agencies responsible for AML/CFT measures in the country actively cooperate amongst themselves, and according to the MONEYVAL report Israel has a "modern and comprehensive" system for international cooperation.
Read More
IDCore Principles for Systemically Important Payment Systems
Before 2007, three payment and settlement systems were in operation in Israel, the banks' paper-based clearing house (BCH); the automated clearing house (MASAV); and the Tel Aviv Stock Exchange (TASE) clearing house. They were all netting systems. In 2001, the IMF conducted an assessment of these systems against the Committee on Payment and Settlement Systems' Core Principles for Systematically Important Payment Systems (CPSIPS) and found their observance "mixed." In particular, there was no systematic oversight of the systems by the Bank of Israel (BoI), the country's central bank, and credit risk was inherent in their functioning. Nevertheless, a 2003 Update by the IMF noted proposals to reform the national payment systems so as to align them with international standards and to launch a real-time gross settlement (RTGS) system. In this context, the BoI website mentions that the ZAHAV system, a RTGS system, started operation in July 2007and is operated and overseen by the BoI. The existing systems are also being reformed to bring them into line with the CPSIPS. Further, a new Payment Systems Law, has been drafted to provide a legal framework to the new payment system and to define the supervisory responsibilities of the BoI with respect to the ZAHAV system and other payment systems.
Read More