Gilad Banai, Attorney at Law

 

 

 

 

The Banai Law Office engages in various types of administrative, civil, and commercial law. Among its past and present clients are civil engineering offices, public housing companies, car importers, associations dealing with a variety of fields, the Israeli Motor Sports Association and entrepreneurs in this field, high-tech, clean-tech, and bio-tech companies, and large and small business owners – all enjoy personal and close relations and dedicated and professional care and advice.

Administrative Law

 

From the early days of the office until today, the office has filed over ten petitions to the Administrative Court and the Supreme Court, starting with two petitions filed at the beginning of the millennium that effectively initiated the regulation process of motor sports in Israel, through two petitions against the Ministry of Transport and other entities in the field of transportation on behalf of an association aiming to combat road accidents in Israel, representing several private clients also against the Ministry of Transport for infringement of freedom of occupation, and culminating in a petition against the Insurance Commissioner due to the scandalous increase in mandatory motorcycle insurance rates in November 2009.

 

The result of this long-standing experience is a deep knowledge and understanding of the considerations guiding the authorities, the prosecution, and the Supreme Court regarding petitions challenging the professional discretion of the authority, knowledge and understanding that the office is happy to share with its clients.

 

Civil-Commercial Law

 

Transactions and Agreements – Managing processes for contracting from the negotiation and mediation stage between the parties' desires and needs through drafting and editing the contractual documents and monitoring the transaction's execution until its completion. Special expertise in the high-tech field, including accompanying entrepreneurs and investors from the initial project rights structure to enable optimal growth and development and drafting and editing agreements with investors, suppliers, and clients in Hebrew and English, domestically and abroad.

Ongoing Legal Advice - Managing relationships with suppliers and clients and providing guidance and advice to organizations and institutions within retainer agreements, including in the field of labor relations. Quick, personal, and quality response to any problem and flexibility in service provision considering location and time constraints, including centralizing work and ongoing reports to various corporate registrars. Special expertise in the field of associations – registration and establishment, ongoing reporting, meeting requirements for tax recognition and proper management approval.

Tenders - Writing, accompanying, and editing all documents involved in tender procedures, overall responsibility for centralizing the selection process, including managing correspondence with competitors and bidders, full involvement in the selection and decision process, examining the legal aspects involved in the tender process, including issuing opinions to support the decisions made in the process and selecting the winner and providing legal protection for the process results.

Real Estate

 

Sales and Lease Transactions - From the negotiation stage, drafting agreements, and monitoring their execution through handling tax matters and obtaining local authority approvals, including filing appeals and objections, and culminating in actual registration in the Land Registry or with the housing company and\/or the Israel Land Authority.
Improvement\/Evacuation-Construction Transactions – with a special emphasis on transactions according to the various versions of TAMA 38, negotiations with developers, contractors, appraisers, surveyors, engineers, architects, clerks, and officials in the local authority, tax authorities, planning and building authorities.

Condominiums – From the stage of discussions, agreements, and understandings among tenants and translating them into documents, regulations, orders, and sketches through obtaining tax authority and local authority approvals and culminating in the registration or amendment of the condominium order.

Litigation and Legal Representation

 

During its years of operation, the office has accumulated extensive experience in this field – from preparing pleadings for small claims courts through district and magistrate courts, labor courts, administrative courts, to drafting and editing pleadings, representation, and appearance in the Supreme Court, both as the highest appellate court and in its capacity as the High Court of Justice, all in the service of both private and institutional clients.

 

Primarily, the office has accumulated significant experience in legal representation in proceedings requiring in-depth study and understanding of complex issues - engineering, accounting, professional, and of course – legal. This is especially true for petitions to the High Court of Justice regarding matters requiring the challenge of administrative discretion in professional issues within the authority's jurisdiction.

 

Motor Sports

The legal regulation of motor sports in Israel has been a top priority for the office for many years -

 

Legislative Proposals – A draft formulated by the office was submitted in 2000 by MK Avraham Poraz as a private member's bill. This draft was the conceptual and drafting basis for the government bill that eventually passed under the name "The Sports Driving Law" in November 2005.

Petitions – Representing a group of drivers in petitions to the High Court of Justice demanding the regulation of motor sports in Israel. These petitions were the main catalyst for the legislation of the Sports Driving Law as mentioned above.

Legal Advice – Legal involvement in the establishment of enduro and motocross associations, and providing pro bono legal advice. Legal advice to the Motor Sports Association for Motorcycles and ATVs and assistance in establishing its status as a leading entity in motor sports in Israel.

Regulations and Rules – Deep involvement in drafting regulations under the Sports Driving Law and formulating driving rules for the branches represented in the association.

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