Committed to Excellence
At Gumi & Associates, we know that your success is also our success so it is clear that we should be committed to helping you achieve your objectives.
Committed to Excellence
Our business is built on professional expertise, openness and responsiveness. The enduring client relationships we have established over the years demonstrate that we are on the right path.
Dynamic and open-minded
Committed to Excellence
We combine commercial acumen with technical expertise to offer creative but practical solutions which facilitate our clients objectives. It is our aim to provide a service which exceeds our clients expectations.
Applying expertise to the service of our clients
Committed to Excellence
Our values underline everything we do at Gumi & Associates from the way we communicate with each other, to the way we serve our clients needs.
A team of experts at your service
Committed to Excellence
The intensive involvement with out clients and understanding of the task at hand are the common red thread of our advice. We ensure that from the beginning to the end of the matter, we never lose sight of that thread.
The Counsel you keep
Committed to Excellence
Raise the standard. Have a Standard of perpetual motion, outdoing self to the next level daily - that is the Standard of Excellence. Go beyond the norm; be distinguishable; and be excellent.
Gumi & Associates is a relatively young firm that aims to be more agile, more responsive and more innovative than our peers in Albania. We encourage an entrepreneurial approach and employ some of the brightest lawyers in each of the areas of law we operate.
Our lawyers have a deep knowledge of the market, legislation and legal practice. We are bound together by a strong shared ethos and a common professional approach. We aim to get things done, to share our clients’ objectives and ambitions. Our primary focus is to achieve for our clients a successful commercial outcome.
The way we operate is characterised by a combination of openness, confidence, value and respect for people, a sense of humour and proportion, and an absence of hierarchy.
As a law firm, we are strongly committed to fairness. Our work reflects our belief that everyone deserves fair treatment.
We offer a spectrum of capabilities under one roof.
Our lawyers have a deep knowledge of the market, legislation and legal practice.
From a business perspective, insight into how the government works is highly important. Commercial transactions must be structured to take administrative and constitutional questions into consideration, to help ensure transparency and compliance.
We will assist you in keeping on track and effectively enforcing your rights. We advise and represent our clients on virtually all areas of administrative law. This includes in particular the areas of construction, planning and regional policy law, tax legislation and municipal law, environmental law, constitutional law as well as public procurement law and the law governing subsidies, data protection law and civil service law.
We can help with:
• Administrative litigation and advice – Pioneering the development of administrative law principles in administrative litigation; initiating innovative claims against governmental authorities.
• Administrative contracts – Assisting clients in negotiations and dealings relating to administrative contracts with governmental agencies; providing advice regarding arbitration under the terms of administrative contracts; advising clients regarding the provisions of administrative contracts under the current regime of administrative law.
• Constitutional law – Challenging specific laws and by-laws on the basis of their constitutionality; providing flexible and commercially appropriate advice to clients to help ensure the most satisfactory commercial outcome.
We are passionate about using our professional expertise to give resonance to human rights; to ensure that they are not ‘just words’. We advise commercial clients on their human rights policies and applicability to their business of instruments such as the European Convention on Human Rights and the Charter of Fundamental Rights.
Our Banking and Finance Practice Area advises on every aspect of the financial markets.
The team regularly takes part in complex transactions, advising lenders and borrowers. The experience acquired by our lawyers contributes to the creation of legal structures that accommodate our clients’ needs (effective, strong and tax efficient) and adapt to the constantly changing practices of international operators.
In order to provide services of the highest technical and professional level, the firm offers specialised advice on:
- Corporate finance
- Project finance
- Acquisition finance
- Asset finance
- Structured finance and securitisation
- Regulatory matters
Gumi & Associates has experience in Albanian capital markets, and our team of lawyers is capable of undertaking complex transactions with a practical, market-oriented approach. We provide national and international issuers, offerors, global coordinators, underwriters and placement banks with the best possible guidance.
- Issues, public share offers and public offers for subscription
- Complex corporate transactions involving listed companies
- Accelerated and block trades
- Share buy-backs
- Employee stock options
- Simple, convertible and exchangeable bond issues
- Promissory notes
- Warrants and structured bonds
- Hybrid products (cuotas participativas, preferential shares and subordinated financial contributions issued by cooperatives)
- Corporate governance of listed companies
- Codes of conduct and transparency, and reporting obligations
In our Company Law and Corporate Governance Practice Area we offer clients comprehensive advice at every stage of a company’s life.
- Incorporation of companies
- Amendments to articles of association
- Board secretary services
- General meetings
- Duties and liability of directors
- Shareholders agreements
- Share capital changes
We regularly provide advice on corporate governance issues to domestic and foreign listed companies, companies operating in regulated sectors, financial entities and other parties operating in securities markets.
The team provides a wide range of services to these companies and offers the full spectrum of advice on all aspects of corporate management:
- Board and general meeting regulations
- Corporate governance reports
- Good governance codes
- Assistance liaising with the Albanian Commissions and other regulatory bodies
- General and strategic advice relating to boards of directors and their committees
- Remuneration of directors and senior executives
We advise publishers, audiovisual producers, museums, art galleries, cultural associations, radio and television entities, IT companies, telecommunications operators, and major players in the entertainment industry.
Our advice covers the entire value chain of the production and use of protected contents, from the preparation, drafting and negotiation of contracts and legal opinions, through to representation in legal claims.
Our expert knowledge of the sector and of the many complex interests involved enables us to offer our clients the best strategic solutions to protect their interests.
We have extensive international experience and an in-depth knowledge of EU law and international treaties, which is key in today’s global digital market to efficiently protect and exploit intellectual property rights.
- Copyright and other similar rights
- Contracts: publishing, phonogram production, audiovisual production, TV formats and acquisition of contents
- Licences for intellectual property rights collecting societies
- Intellectual property rights infringement proceedings
- Protection of rights to honour, reputation and privacy
We are acknowledged as a specialist corporate firm. Since the firm’s foundation, we have provided advice in all areas of corporate law: mergers and acquisitions, capital markets, financial law, commercial contracts, maritime law, company law and insurance.
The increasing complexity of transactions and the enactment of industry-specific legislation have paved the way for the creation of new specialist practice areas. However, far from departing from our corporate tradition, our specialist practice areas have consolidated our prestigious Corporate and Commercial Practice Area. It is the cornerstone of our firm and is staffed by a group of lawyers specialised in advising companies and individuals alike in all types of business, financial and commercial transactions, be they national, foreign, listed or unlisted.
We advise on general commercial law matters that are common to all practice areas and industry sectors, such as general contracts, the incorporation and liquidation of companies, keeping of company records and agency agreements.
Our practice in commercial law is rooted in the outstanding skills and experience of our lawyers, their active teaching role at universities and their involvement in the drafting of new legislation.
Gumi & Associates advises companies and public entities on all types of environmental issues. We assist clients at every phase of sanction proceedings deriving from alleged infringements of environmental regulations.
We also advise on the environmental aspects of project development and financing (including renewable energy plants).
In commercial transactions we offer to our clients our extensive expertise in environmental issues arising in due diligence exercises for sellers and buyers, M&A, financing and public share offers.
- Proceedings before local, regional and national authorities
- Sanction proceedings
- Obtaining environmental licences and permits
- Advising public authorities on environmental proceedings
- Administrative and judicial proceedings (contentious-administrative, criminal and civil)
- Environmental due diligence exercises
- Advising public authorities on drafting environmental regulations
- Latest legal development bulletins for clients
We have a breadth of experience advising all the parties affected when a company is in financial distress. Our advice includes: group restructurings, debt refinancing, protection of creditors’ rights, liability of board members and investments in distressed debt and liabilities of insolvent companies.
- Pre-insolvency advice
- Directors’ liability
- Preparation of voluntary arrangements
- Advice on administrative receiverships
- Collective redundancies
- Advice during liquidation
- Recognition and enforcement of court decisions issued in foreign insolvency proceedings
- Structuring of investments in distressed debt and liabilities of insolvent companies
- Challenge and recognition of credits
- Protection of creditors’ rights
- Enforcement of guarantees
- Enforcement and recognition of foreign credits and guarantees in Albanian insolvency proceedings
Gumi & Associates advises on all areas of insurance and reinsurance law in Albania.
- Corporate transactions: banc assurance, acquisitions, mergers and disposals of insurance and reinsurance companies; national and international portfolio transfers
- Insurance and reinsurance contracts
- Regulation and supervision
- Private insurance and reinsurance brokerage
- Pension plans and funds
From a regulatory perspective, we advise on the development of new life and general insurance products. We help our clients to obtain licences to operate in this sector and advise them during inspection and sanction proceedings.
We advise Albanian and foreign clients operating in sectors in which intellectual property is one of a company’s main assets, such as the pharmaceutical, medicines and healthcare products, microelectronics, IT, telecommunications, automotive, mechanics, e-commerce, and food and beverages sectors.
We advise on litigation and pre-litigious matters, including arbitration and the drafting of intellectual property transfer and licensing contracts.
Our lawyers have extensive knowledge of the regulatory aspects related to the protection of intellectual property rights and have a distinguished track record in the following areas:
- Protection of patents
- Protection of data exclusivity and other rights related to pharmaceutical marketing authorisations
- Breach, nullity, expiry and misappropriation of plant varieties, trademarks and industrial designs
- Substantiation of facts, evidence-protection measures and interim relief
- Legal action feasibility and strategy analysis
- Analysis of potential infringements of third party rights
- Preparation and negotiation of settlement agreements
- Intellectual property assignment and licensing contracts
- Public to private technology transfer contracts
- Technology-based joint venture contracts
Our employment and social security law specialists advise on all matters within this area, including negotiations, judicial proceedings at every level of the Albanian courts, and pension and remuneration schemes.
- General employment contracts and senior executive contracts
- Exclusivity, non-compete and confidentiality undertakings
- Foreign employees
Collective bargaining and labour relations
- Workforce agreements
- Collective bargaining agreements
Dismissals and restructurings
- Individual dismissals
- Redundancy procedures and temporary suspension of contracts
- Changes to collective employment conditions
Our Litigation and Arbitration Practice Area advises on civil and commercial disputes. We create multidisciplinary teams so that, in addition to leading specialists in litigation and arbitration, every client benefits from the expertise of lawyers from relevant practice areas. Our aim is to offer our clients added value in every negotiation, claim and arbitration.
It is one of our main goals to understand the specific characteristics of the sectors in which our clients operate. In determining the strategy to be adopted in a dispute, we use this specialist knowledge to ensure the needs and concerns of our clients are paramount, an approach which affords us a competitive advantage valued at both an international and domestic level.
- Disputes between shareholders
- Enforcement of shareholder agreements
- Directors liability claims
- Challenging company resolutions and board of directors decisions
Civil and commercial contracts
- General terms and conditions
- Agency, distribution, concession and franchise contracts
- Termination and rescission of contracts
- Validity, interpretation and enforcement of civil and commercial contracts
- Ownership, possession, transfer and administration of immovable property
- Claims for payment
- Execution of foreign and domestic judicial and arbitral awards in Albania
- Personal and real guarantees
- Bills of exchange, cheques and promissory notes
Gumi & Associates is in the first steps on the tradition of advising on telecommunications, media and technology. Our knowledge of state-of-the-art technology, innovations and trends is key to providing our clients with the best possible advice.
We also advise telecommunications and media companies (TV, press, radio and internet) on their day-to-day contracting, regulatory matters and relationships with consumers and users.
- General advice on telecommunications regulations
- Regulations applicable to telecommunications operators
- Contracts between operators (interconnection, roaming, sharing of infrastructures) and with third parties (network financing and outsourcing)
- Proceedings before regulatory authorities
- Sale and purchase of telecommunications companies
- Advice on sector-specific regulations for television, radio and other media
- Transfer of radio and television licences and concessions.
- Sale and purchase of media companies.
- Public tenders
Gumi & Associates offers its M&A clients legal advice of the highest quality, extensive experience in finance, and creative options to structure their transactions. Our lawyers are renowned for their expertise in particularly complex transactions.
Gumi & Associates clients can be sure to receive advisory services that include expertise from all our legal disciplines, which the specific transaction requires. We guide our clients throughout the process – from thorough analysis and preparation to the actual takeover, implementation and following quality assurance in respect of the bought company. We know that time, fast response and efficiency are important factors for a successful transaction. And we adjust our counselling thereafter.
In an environment characterized by innovation, liberalisation and privatization, creativity and commercial understanding are crucial factors for success. Our corporate team is made up by lawyers with extensive transaction experience. We understand that our client’s business reality plays a crucial role. This is why industry knowledge and commercial insight are important elements in our counselling. We therefore ensure our client a solution that is not only legally correct, but also practically useful and meaningful from a business perspective.
In the Planning Practice Area we advise public authorities and private companies on planning, management, project execution and compliance.
We work in multidisciplinary teams including lawyers specialising in real estate, tax and environmental law.
- Preparing and processing of planning instruments: territorial, general and development planning
- Preparing and processing urban management instruments:
- Equitable distribution of land (re-allotment and compensation)
- Expropriation proceedings (joint and separate valuation)
- Planning agreements: negotiating, drafting and approval of agreements on planning and urban management matters
- Compensation boards and maintenance entities: setting up of planning and advisory entities
- Urban planning agents: drafting and approval of urban development programmes
- Processing and obtaining permits and licences:
- Advice on specific licences, permits and planning authorisations (rural land, commercial licences, tourism authorisations, works, occupation, activity and occupation licences)
- Implementation of building projects (due diligence):
- Planning analysis of plots
- Monitoring administrative approvals of urban developments
- Verification of licences and permits
- Compliance with sector-specific legislation
- Sanction and disciplinary proceedings
- Administrative and judicial proceedings:
- Advice on planning proceedings, closure orders and sanctions
- Administrative and judicial proceedings on the approval of planning and urban management instruments, the refusal of licences and imposition of sanctions
- Participation in the drafting of new legislation
Our Public Practice Area advises both private clients and public sector entities in every aspect of administrative and constitutional law.
- Public contracting:
- Advising public sector entities on the preparation and adjudication of contracts
- Public infrastructure
- Advising private sector clients on tender proceedings and the performance of public contracts
- Contractual disputes
- Administrative, European and constitutional court proceedings. Proceedings before administrative tribunals of control and oversight of accounts
- Regulated sectors (e.g. credit entities, telecommunications, energy and securities markets)
- Administrative infringements and sanctions
- Public property (water, mines, coasts and ports, public authority property)
- State aid and subsidies
- Liability of public authorities
- Preparation of draft legislation
The state is the largest buyer in Albania. This is why building contractors and service providers almost inevitably will come into contact with public procurement law and must be able to keep track of complex procurement procedures governed by numerous rules and regulations under Albanian. Our procurement law team is familiar with these rules as it is with current court rulings handed down in this area.
Bidders are entitled to equal treatment. We will ensure your right to a fair and transparent procurement process and will point out your rights to judicial relief: complaints in ongoing procurement procedures, applications for review prior to the award of contracts and judicial proceedings challenging the selection of the successful bidder. If the award of the contract was flawed, we claim damages on your behalf.
Where public buyers are concerned, we will examine the question of whether there actually is an obligation to issue an invitation to tender and what tendering procedure must be chosen.
We will accompany the entire tendering procedure and represent our clients before the procurement bodies and the administrative court.
With a solid reputation in the Albanian real estate and construction markets, the lawyers in our Real Estate Practice Area advice on all areas related to the construction, promotion, financing of and investment in residential buildings, offices, business parks, logistics warehouses, hotels, tourist complexes, commercial centres and leisure centres.
Promotion, investment and financing of real estate projects
- Designing legal and tax structures for the purchase, sale, investment and management of real estate projects
- Advising real estate promoters throughout the promotion and construction process, the preparation and negotiation of contracts for sale, lease and hotel management, and the purchase of real estate projects:
- Due diligence reviews
- Sale and purchase of land
- Sale and purchase of real estate projects
- Planning and environmental issues
- Construction, architectural, and project design contracts
- Liability of building agents
- Ownership, lease and management of assets
- Sale of real estate projects to institutional and private investors, real estate funds and individuals
- Financing contracts for the promotion and sale and purchase of real estate projects
- Monitoring, refinancing, restructuring and enforcement of guarantees
Behind the spotlights of stage, screen and sports stadium is the fine print that protects the rights of performers, sponsors and other players in the sports and entertainment industries.
The Sports & Entertainment team lawyers advises sports bodies, authorities, associations, clubs, unions, sponsors, players, agents, managers, advertisers and broadcasters on matters including documentation issues, commercial exploitation of rights and contract negotiations.
- Player contracts
- Ambush marketing
- Commercial exploitation
- Negotiating and drafting of sponsorship, advertising, management and agency agreements
- Negotiating and drafting of agreements in respect of broadcast rights and event hosting
General taxation and finance
Over the last few years, our lawyers from the tax practice area have mainly been involved in advising companies on raising funds in capital markets. Our close collaboration with financial entities and other market agents has given rise to the design of innovative financial products that are now commonly used.
We advise our international clients on their investments in Albania and abroad.
The problems and challenges arising from the application of international double taxation treaties, and in general, those relating to international company investment structures and business development, are issues that our lawyers handle on a daily basis.
We work directly and have extensive experience in M&A transactions, joint venture agreements, sales and purchases, takeovers, public share offers, company restructurings (mergers, disposals, securities swaps, contributions of a branch of activity and others), project finance structures, and private equity.
Tax proceedings and litigation
We specialise in both litigious (inspection proceedings and tax information requests, economic-administrative and contentious claims and appeals, defending clients in criminal-economic proceedings, particularly in crimes against the Treasury) and non-litigious proceedings (including submitting consultations before the Directorate-General of Taxation, documentation relating to transactions with related entities and transfer-pricing agreements).
Real estate and local taxation
We work very closely with the members of our Real Estate and Planning Practice Areas and have vast experience in the sale and purchase of real estate, the financing of real estate projects and all local taxation matters.