-1. FOOD AND DRINK GROUP Services Provided:
The work undertaken by the ISUFI & International Associates law office includes:
• Advice on Albanian and EU food and drink regulations, consumer protection, product liability and labeling and packaging law.
• Advice on trade marks and other intellectual property matters, including handling trade mark and design applications.
• Supply of goods, distributions, agency and other commercial agreements.
• Joint ventures and other forms of corporate structures, and cooperation and project agreements.
• Advice on Albanian and EU competition law matters related to the food and drink industries, and the handling of complaints to and investigations by regulatory bodies.
• Advice on customs regulations and other aspects on international trade and commodities
• Advice on inwards processing relief and export refunds under the Common Agricultural Policy.
• Advice on taxation matters, excise duties and VAT relating to the food and drink industries.
• The handling of litigation relating to the above and other commercial matters, and prosecution under food protection, trading standards and fair trading legislation.
2. LOCAL AUTHORITIES
We advise in following particular areas:
Company and Commercial:
All matters of a corporate and commercial nature affecting local authorities; the constitution and the status of statutory corporations; tendering; joint venture projects; relationships with the private sector.
Computers and Information Technology:
• Hardware and software agreements;
• System development and turnkey projects;
• Facilities management contracts;
• Data Protection legislation;
• Electronic Data Interchange;
• EU technology initiatives.
Education
Education establishments as statutory bodies; duties and powers of local education authorities; provision and maintenance of schools; further education establishments; internal organization, management and disputes; duties and powers of teachers and parents; judicial review.
Employment
Contracts of employment; unfair dismissal; redundancy; payment of wages and deductions; sickness; maternity rights; equal pay; sex and race discrimination; trade union related matters; health and safety at work.
Environmental
Albania and EU environmental law including the duties and obligations imposed on local authorities and statutory bodies as to regulation and enforcement including, Integrated Pollution Control; waste management licences and control of land-fill sites; duties as to the collection, disposal and treatment of waste; waste disposal companies; statutory nuisance; litter; water (including off-shore) pollution and land contamination; conduct of appeals, prosecutions and civil actions.
Hospitals and Health
• Community care
• Contractual and legal relationship with NHS trusts
• Hospitals
• Health authorities
• Councils and associations and all other sectors on the health service industry
Pensions and Investments
• Planning
• Establishing, modifying and winding-up of pensions schemes
• Pension grievances and court cases
• Investment agreements and collective investment arrangements.
Planning, Rating and Compulsory Purchase
All areas of planning law, including urban and rural developments; environmental assessments; compulsory purchase orders and award and disputes arising therefrom; the conduct of planning and rating appeals.
Property Law
All transactions and problems arising from property ownership; construction, development and financing contracts and agreements; residential and business leases; rent reviews; building under licence scheme.
Public Procurement
Competitive tendering and the impact of applicable EU legislation on local authorities.
Commercial Litigation
ISUFI & International Associates has an experienced Litigation Department which can advise on all contentious matters arising out of any of the above, including:
1. contractual disputes
2. construction litigation
3. professional negligence
4. industrial tribunals
5. personal injury
6. judicial review proceedings and administrative law procedures
Additional Services
The ISUFI & International Associates law firm has experienced conference and seminar speakers amongst its members and is able to offer client seminars both at Beaufort House and at the offices of clients. Information bulletins or Client Alerts on important developments in the laws affecting local authorities are regular published and distributed by the firm to clients and professional connections.
3. BUILDING SOCIETIES
Services to building Societies:
Building Society Law
The combined effect of the Building Societies Act, statutory instruments, prudential notes and regulatory considerations/dealings with the Building Societies Commission and Annual and other General Meetings.
Banking and Compliance
Practical and legal aspects of the provision of banking services, securitization programmes and commercial lending, and compliance aspects of the Financial Services and Consumer Credit Acts.
Capital Markets
All aspects of wholesale funding including CDs, sterling and foreign currency bond issues, swaps, US/Albania commercial paper programmes and subordinated debt/PIBS issues.
Company and commercial
Mergers, corporate acquisitions and disposals, group corporate structures.
Conversion to PLC
Consideration of flotation and conversion requires a thorough review of all aspects of mutuality –v- plc status. Conversion itself calls for the strength in depth of large City practice such as ISUFI & International Associates. We would be happy to make a presentation to you.
Pensions
Merging, planning, redrafting, modifying and wind-up of pension schemes as well as ongoing operational advice.
Unit Trust and Investment Funds
The regulatory framework and both technical and practical aspects of establishing, maintaining and marketing trusts and funds.
Mortgages
Secured lending documentation including review of mortgage conditions and procedures and recovery. All aspects of securitization.
Corporate Taxation
Specialist building society taxation as well as group corporate taxation aspects.
Insurance
Specialist insurance advice including acquisition or establishment of life insurance subsidiaries, life insurance ties and general insurance considerations.
Employment
Executive and staff contracts, redundancies, acquisition and merger aspects and personnel policy generally.
Scotland
ISUFI & International Associates (Albania) is able to handle a wide range of matters including property transactions and insolvency where specialist Albanian legal aspects are relevant.
Europe
Monitoring of the changing scene on Banking and Mortgage Credit Directives and specialist advice on cross-border operations and acquisitions, here appropriate using our Paris and Brussels offices.
Property Service
Portfolio management including acquisitions, disposal, commercial leases and related transactions, and planning.
4. AVIATION AND AIRCRAFT FINANCE
Services Provided:
We advise banks and other financial institutions, investors, manufacturers, private and state-owned airlines, packagers, aircraft brokers, insurance brokers and aviation consultants on banking law, international finance, regulatory matters and liability- related issues.
Our experience covers:
Aircraft financing
• Advise on the structuring of all cross-border and tax-based transactions including leveraged leasing.
• Secured debt-type financings, including export credit loans and/or guarantees.
• Asset-based financing arrangements, including:
1. Sale-leasebacks, option and full payout leases
2. Operating leases
3. Asset value guarantees, deficiency guarantees and residual value guarantees and
4. Political risk insurance cover in the private market and with export credit agencies
Regulatory Matters
• Mergers, acquisitions and joint venture agreements in the aircraft industry, and competition issue.
• De-regulation of airlines in Europe, 1992 and the implications of airlines and other operators.
• Advising oversease airlines in connection with Albania and European Union regulations on the conduct of business in the European Union.
• Advising tour organizers in connection with conditions of trading, licensing and bonding.
Airline Operations
• Agreements relating to engine and component overhaul, maintenance and engineering, crewing, aircraft charters, leases and operational matters generally, tickets and computer reservation system.
5. EMPLOYMENT
Services Provided
The Law office provides a comprehensive range of advice and other services in employment matters including the following:
Employment Contracts
Service agreement and terms and conditions of employment including disciplinary procedures; drafting, reviewing and updating; advising on employers` and employees` contractual and statutory rights and obligations during the course of employment.
Pay and Benefits
• Pay and fringe benefits
• The law relating to deductions from pay
Health and safety at work
Statutory and common law liabilities of employers and employees with regard to safety, health and welfare of employees and the rights of safety representatives; advice on EU developments.
Discrimination
Discrimination on grounds of race or sex, equal pay and equal treatment including the impact of relevant EU legislation and the case law of the European Court.
Pensions
Employees` pension rights both as an element of the remuneration package and in the context of compensation for pension loss. Advice on pension rights as an aspect of equal pay.
Trade Unions
The rights of trade union members in relation to the internal affairs of their unions, including ballots and discipline.
Industrial Relations
Collective agreements between employers and recognized trade unions; strikes, picketing and other forms of industrial actions; Court proceedings including injunctions and sequestration orders.
Confidential information and post-termination restraints
Duties of employees with regard to their employers` trade secrete and confidential information and the enforcement on restrictive covenants restraining employees` activities after the employment has ended; enforcing these obligations through the Courts.
Transfers of employment
Problems arising before and after change of employer occurring upon transfer of business, including contracting out of public services.
Insolvency
Employees` rights arising on the insolvency of their employers; employment problems for liquidators, receivers and administrators.
Redundancy
Individual entitlements and claims and the rights of trade unions to consultation and information.
Termination of employment
Claims of wrongful dismissal in the Courts and of unfair dismissal in the Industrial Tribunals and the Employment Appeal Tribunal; the handling of dismissals and the conduct of negotiation of settlement terms.
Overseas element
Immigration procedures and work permits for employees transferred to Albania or recruited from abroad; the implications of the transfer and secondment of Albania staff to work abroad, including relevant documentation.
6. FINANCIAL INSTITUTIONS
Services provided:
Banking and compliance
Practical and legal aspects of the provision of banking services and compliance aspects of the Financial Services and Consumer Credit Acts.
Capital Markets
All aspects of wholesale funding including CDs, Albanian lek and foreign currency bond issues, swaps, US/UK commercial paper programmes and subordinated debt/PIBS issues.
Securitisation
All aspects of portfolio transfer and securitization for mortgage lenders.
Company and commercial
Mergers, corporate acquisitions and disposals, group corporate structures.
Corporate taxation
Tax aspects of retail investment and mortgage business as well as all corporate taxation matters.
Mortgages
Secured lending documentation (both commercial and domestic) including review of mortgage conditions, procedures and recovery. Specialist Housing Association finance.
Pensions
Merging, planning, redrafting, modifying and winding-up of pension schemes as well as ongoing operational advice.
Property
• Portfolio management including acquisitions
• Disposals
• Commercial leases and Town Planning
Unit trust and investment funds
The regulatory framework and both technical and practical aspects of establishing, maintaining and marketing trusts and funds.
Insurance
Specialist insurance advice including acquisition or establishment of insurance companies, life insurance ties and general insurance considerations.
Employment
Executive and staff contracts, redundancies, acquisition and merger aspects and personnel policy generally.
Europe
Monitoring of the changing scene on Banking and Mortgage Credit Directives and specialist advice on cross-border operations and acquisitions, where appropriate using our Paris and Brussels offices.
Building Societies
• Law and practice including mergers
• Acquisitions
• Conversion to PLC status or transfer to/acquisition by an existing institution
7. MEDIA AND ENTERTAINMENT
Transactional and regulatory work
The work we undertake includes:
• The full range of film and television production agreements, including rights documentation and contracts of engagement for key personnel;
• Finance agreements and loan and security documentation; co-production agreements; programme sponsorship contracts; completion guarantee documentation; trade and credit risk insurance; and the law, procedures and contractual framework involved in media financing generally.
• Sales agency and all forms of distribution, sales and exploitation contracts; revenue collection agreements;
• The preparation of television and radio franchise applications and advice on all broadcasting regulatory matters;
• Negotiation and drafting of agreements for cable re-transmission of television broadcasts; satellite broadcasting contracts; transponder leases;
• Music publishing and recording contracts; agreements with copyright collection societies here and abroad;
• The impact of EU law and Albania competition law on the media industry;
• Trade marks, service marks and other intellectual property agreements such as computer software contracts and know how licensing; character protection and merchandising;
• Taxation, including personal tax arrangements and advice on foreign performers` withholding tax; work permits and residence regulations.
Litigations
While we handle commercial litigation of all kinds, we have special expertise in media-related cases. We act for plaintiffs or defendants in libel and copyright, breach of confidence and other intellectual property cases as well as major contractual disputes arising with the media and entertainment industry. We deal with the question of judicial review of Broadcasting Complaints Commission decisions and handle matters in the Copyright Tribunal. The subject matters of our media litigation can arise out of any of the types of work cited in the previous paragraph and in addition we are highly experienced in advising on errors and omissions insurance areas on behalf of producers, broadcasters, the insurers of broadcasters and the insurers of studio and other interests. Our insurance connections are highly important; our experience is respected by many of the most significant insurers in the broadcasting errors and omissions fields. We are also accustomed to advise on programme content, not only from a libel point of view but also from other stand points, for example infringement of copyright and contempt of court. On these, as in other matters, we are happy to work in conjunction with in-house staff and outside barristers and assume greater or lesser responsibility as required by the client.
8. PENSIONS
Services provided:
The law office provides a comprehensive range of services including the following:
Documentation
Drafting of interim and definitive deeds, booklets, announcements, contracting-out notices and procedures and insurance company document vetting and tailoring, Personal pensions, Contracted-out Money Purchase Schemes and FSAVCs.
Establishing and modifying schemes
Changes to reflect new legislation, scheme type and design, relationship with scheme, integration with other group schemes, options for members, portability and obtaining revenue and social security approvals. Surplus recapture and predator proofing.
Trusteeship
Establishment of trusts, annual reports, provision of trusteeship by ISUFI & International Associates, ongoing advice, liability of trustees and insurance protection and second opinion for trustees in conflict.
Offshore considerations
Foreign employees seconded to Albania, Albanian employees seconded overseas, offshore schemes, schemes for Albania subsidiaries of overseas parent, consolidation of different schemes, tax and financial advice for expatriates.
Acquisitions, disposals and mergers
General implications, transfer of employees, asset and liability transfers, surpluses and deficiencies, scheme amalgamations, integration of different benefits and management buy-outs.
Receiverships and liquidations.
Advice to liquidators and receivers, establishment and treatment of scheme surplus; resolution of conflicts between scheme rules, announcements and employment terms.
Redundancy and dismissal
Unfair dismissal claims, procedures, negotiations and settlements, tribunal appearances and compensation for pension loss.
Investment
Management agreements, authorizations, property investment, guidelines for fund managers` review and supervision, underwriting and options aspects, common investment funds, and unit trusts.
E E C Dimension
• Retirement harmonization
• equal pay and
• equal treatment
Pension providers
• Policy/contract drafting for pension products
• legislative advice
Trade unions
Advising on negotiations with employers, new legislation and court cases.
International
The firm plays a full part in covering international pensions developments. As well as the firm`s overseas offices, we have specialist pension correspondents around the word.
9. FOUNDATION
Services provided:
Formation and registration
Advising on the choice of entity (for example whether a trust, a company or an association is appropriate); drafting the constitution; obtaining approval from the Natural Registration Centre and the tax office; registering the charity.
Permissible activities
Advising on the scope of activities which may be undertaken by the charity; where appropriate establishing subsidiary or associated trading companies linked with covenants for tax efficiency; advising on other problem areas.
Administration
Convening meetings, maintaining records, book-keeping and submission of accounts, distribution policies, statutory requirements for charitable companies.
Property
• Leasing and short term occupancy
• development and joint ventures
• construction contracts; VAT
Personnel
Advising on employment and pension issues for staff.
Tax efficiency fund-raising
• Framing of appeals
• Gift Aid
• legacies
• Advertising Code compliance
Variation and dissolution
• Advising on Foundation Commission powers
• Applications for Cy-pres schemes
• Court applications
• winding up
Trusteeship and custodianship
Providing trusteeship and custodianship services through Beaufort Trust Corporation Limited which is managed and controlled by the partners of ISUFI & International Associates.
10. LANDLORD AND TENANT
The ISUFI & International Associates law office provides a comprehensive range of services including the following:
Creation of tenancies
Advising on creation and form of leases; Registration of leases; Rectification and rescission; Construction of licence agreement.
Rights and obligations of the parties
Implied covenants; Express covenants; Rent review; Rights and liabilities as between landlord or tenant and third parties; Devolution of title; Repairing obligations.
Termination of tenancies
Landlord`s right of termination; Tenant`s right to fixtures; Residencial tenancies; Assured tenancies; Secured tenancies; Protection of long residential tenancies and enfranchisement.
Business tenancies
• Restrictions on contracting out
• Dismissal of tenant`s application
• Agriculture holdings
• Securing a written agreement
• Farm business agreement
11. SHIPPING
Services provided:
Contract of indemnity
Advising on gaming and wagering contracts; Double insurance, contribution and return of premium; Subrogation; Insurable interest; Subject matter insured; Shareholder; Liability to a third party
Time and voyage policies
The navigation clause; The continuation clause; Automatic termination; Voyage policy on ship; Voyage policy on goods; Valued and unvalued policies; Warranties; The clause of loss; Marine risks; Excluded losses; Burden and standard of proof.
The inchmaree clause
Latent defect in the machinery or hull; Collision liability; Total loss; Particular average loss; Salvage, general average, and sue and labour.
12. POLITICAL RISK
We advise in following particular areas:
Asia: China`s labour reforms and civil unrest risk; Legal risks for bussines in India; Ageopolitical breakdown on violent risk across Pakistan; Expropriation risks in the Philippines.
Africa: Aviation risks in the democratic republic on Congo; Political risks in Angola; Violent risks in Somalia for 2007; Energy sector risks in the Niger Delta; Energy and voiolent risks in Sudan for 2007.
The Americas: Energy risks in Venezuela, Bolivia and Ecuador; Post-Castro scenarios in Cuba; The risk of protest and contract frustration in Latin America; Gang violence in Brazil`s key Sao Paulo State; US foreign policy-making.
Euroasia: Separate conflicts in Euroasia; Public-private partnerships in Eastern European Russia; Succession risks; Investments risks in Turkey for 2007.
Western Europe: Regionalism and the costs of doing business in Spain.
Middle East: Shia Clerics and influence groups in Iran, Iraq and Lebanon; Gulf states` development and infrastructure outlook.
13. TECHNOLOGY
We advice in following particular areas:
Protecting in Software
Intellectual property rights; Intellectual property rights in databases; Contract; Quality of software; Modifying contractual obligations; Copyright ownership; Exemption clauses; Unfair terms in consumer; Defective software.
The challenges of computer networks
• Convention and common law
• Electronic data interchange
• E-Commerce
• Writing and signature
• Protecting the private individual
• Defamation
• Policing cyberspace
14. MOTOR VEHICLE ACCIDENTS
Services provided:
Gathering the facts
Witnesses; The place; The vehicles; Local authority obligations; Police accident reports; Accidents reports; Employer`s duties; Insurance details; The taking of witness statements; Expert evidence.
Assessing liability
Assessment of liability, Appointment of liability between parties; The judicial approach; Assessing pedestrian negligence; Seat belts; Drivers and vehicles; Crossing traffic; Miscellaneous hazards; Motor vehicle loss or damage; Litigation.
15. PRIVATIZATION
Services provided:
Acquisition
Consent required under contracts; Approval of purchaser`s shareholders; Restrains on trade; Restrictive covenants; Ancillary restrictions; Financial assistance; Financial assistance; Employees; Pensions; Accounting for acquisitions; Investigations and warranties; Limiting clauses; Acquisition by a listed company; Documents for inspection; Directors` interest; Experts` consents; Indemnities; Taxation of the transaction; Taxation of the target;
17. CIVIL LAW
Services provided:
Jurisdiction and competences
• Land competences
• Changes of Competences
• Procedural acts
• Taxes
19. CRIMINAL LAW
We advise in the following particular areas:
Elements of crime
• Mens Rea
• Actus Reus.
Theft
• Theft
• Burglary
• Robbery
• Deception
• Appropriation
• Property belonging to another
Sexual offences
• Rape
• Assault By penetration
• Marital rape
• Penetration of a child under thirteen year old
Insanity
• Intoxication
• Duress
Offences
• Murder
• Attempted murder
• Recklessness
20. CUSTOMS
Services provided:
Imports/Exports
Trade of goods; Custom tariff; Entry and exit of goods in the Albanian territory; Air traffic; Water traffic; Road traffic; Custom destination; Custom regime; Written declaration; The entry of goods in free zones; Exit of goods from free zones; Privileged operations
21. STATE AID
Services provided:
State Aid within Article 87 910 EC
Distortion of competition in trade between Member States; State Aid and International measures; Compatibility of State Aid with the Common Market; Structure of EC State Aid and Policy; State Aid and the Internal Market; State Aid and Competition Policy; State Aid for investment purposes; Regional Aid; State Aid with horizontal objectives; Aid for employment; Training Aid; Aid for environmental protection; Public health; Aid for exports.
State Aid for particular industries
• Motor vehicles
• Shipbuilding
• Textiles
• Transport
• Energy
• Security
• Agriculture
Supervision of State Aid by the European Commission
Control of State Aid; Review of existing Aid; Unlawful Aid and Misuse of Aid; Monitoring; Judicial Review of EC decisions on State Aid; Judicial enforcement of EC State Aid law.
22. PROPERTY AND REAL ESTATE
Services provided:
Right to property
• Possession
• Leasehold
• Freehold
• Private property
• Protection of property
• Loossing the right of ownership
PUBLIC PROCUREMENT
We advise in the following particular areas:
• Rules on Public Procurement;
• Use of state budget fund for goods, services, construction etc.
• Structure of costs;
• Procedures for open public tenders;
TAXATION
We advise in the following particular areas:
Income tax
• Allowance and reliefs
• Agricultural property
• Commercial occupation of land
• Capital allowances
• Surtax
• Children`s income
• Covenants and settlements
• Repayment claims
• Double taxation relief
• Tax avoidance
FEES
The fee basis is described in the separate sheet of Terms and Conditions. It may be changed from time to time. Generally, administration fees are charged on the basis of time spent in relation to the particular trusts, assets or transactions for which the company is engaged. In our experience fees charged on this basis tend to favour the trust, as opposed to the standard percentage charge which some trustees adopt. The law firm does not charge a separate withdrawal fee when the administration of a trust or an estate is completed. read more
