Tashko Pustina

Chairman: Flonia Tashko - Boriçi
Managing Partners: Flonia Tashko-Boriçi, Floran Pustina
Partners: Flonia Tashko-Boriçi, Floran Pustina, Florian Hasko, Alban Shanaj
Number of associates: 15
Languages:English, French, Albanian, Italian

Offices: (2) Tirana - Albania, Prishtina - Kosovo

Firm Overview
Tashko Pustina is recognised and positioned as one of the largest commercial law firms in Albania. As of 2012 the firm successfully operates also in Pristina, Kosovo. The firm gathers a dynamic team of experienced and energetic lawyers, with a strong focus on the key industry sectors of the country. With almost 20 years of active operations the partners and associates of Tashko Pustina provide legal and regulatory advisory services for some of the largest and most crucial transactions of the Albanian market.The firm combines exceptional legal expertise with deep industry knowledge and creative thinking from a skilled local angle, to provide clients unparalleled commercial legal advice and business solutions. The firm is well recognised for its litigation and international arbitration practice. The firm’s clients range from multinational enterprises, international financial institutions, to emerging local companies.The professionals at Tashko Pustina professionals leaded from common values of integrity, responsibility and persistence in a keen client-service culture.

Our firm is a founding member of ADRIALA ( www.adriala.com ), a unique business law firm alliance for South – East Europe, composed of 8 independent top tier firms, operating in 9 jurisdictions: Albania, Bosnia & Herzegovina, Bulgaria, Croatia, Kosovo, Montenegro, North Macedonia, Serbia and Slovenia. With 200+ lawyers and professionals, and based in 10 cities, ADRIALA provides a full range of legal services across all major industries, sharing the same vision and having the same ambition to deliver measurable benefit to its clients.

Main Areas of Practice

Corporate, M&A
The Corporate and M&A practice of Tashko Pustina is positioned as one of leading practices in Albania with a significant experience in the market, advising its clients in some of the largest and most crucial transactions since 2002. Clients of the firm benefit from the knowledge of local legal and regulatory framework, and the experience of the partners and associates of Tashko Pustina in some of the most complex local and cross-border transactions concerning industries such as: telecom, energy and Infrastructure, healthcare, renewables, life sciences, banking, fintech, tourism, mining, automotive, aviation, sports, media and gaming.

We support international and local corporations on all commercial contracts, covering manufacturing, supply, maintenance, joint venture, collaboration & partnership, online T&C, development, licensing, distribution and supply. We combine our industry and technical know-how and the business requisites of the clients.

In our M&A practice, we support purchasers and seller at all stages of transactions, starting from bid preparation, seller’s or purchaser’s legal and tax due diligence, to negotiation of the transaction documents, and all the way to completion. We advise in a full range of structures, including private take over, auctions, privatizations, and demergers.

Banking & finance
Tashko Pustina advises corporations, commercial and investment banks, financial institutions on a wide variety of bilateral and syndicated financing and refinancing transactions, both domestic and international including highly complex cross - border transactions. In corporate lending we act for both borrowers and lenders in both Albania and Kosovo, with a unique commercial understanding of the bankability of the terms of the transactions.

When advising local and international banks in their financing projects in Albania, we assist them with matters such as: review and commenting from the local law perspective of the facility agreements, advising on suitable ways to address issues identified in the long form documentation (reps / undertakings), drafting and negotiation of security documents, advising on all security perfection measures, perfection of securities, corporate approvals of the obligor’s entry into each agreement, issuing capacity opinions on each security provider, enforceability opinions on the local law governed security documents, collecting and verifying local CPs and condition subsequent, and providing support at signing and completion.

Litigation & Arbitration
The firm perfectly combines the local legal and technical expertise with an international perception with the purpose of providing professional legal services and high-quality representation for its clients in both domestic and international courts. We always evaluate in details the client’s business objectives against any legal, reputational, and business risks in order to conclude whether to follow settlement or litigation procedures. We also advise our clients on investment structuring for treaty protection. The firm’s team comprises of knowledgeable and energetic individuals with experience in dealing with local litigation and international arbitration proceedings.

Competition
Tashko Pustina has developed a strong competition practice in Albania and Kosovo. Its partners and associates have advised companies operating in industries such as telecom, energy, infrastructure, banking, healthcare & life-sciences, fintech, distribution and retail on competition matters such as merger control, competition infringement, and complex agreements. We help clients structure their transactions that minimize antitrust concerns, and represent them before the competition authorities. We work closely with many international law firms in their multi-jurisdictional filings, providing advice and representing their international clients in Albania and Kosovo.

Tax
The firm offers a full range of tax services through its tax department, addressing matters such as tax compliance, transfer pricing, tax disputes, and post transaction integration. The firm provides its clients with effective and innovative advice on M&A's, financing, cross-border transactions, all the way to VAT and excise disputes.The firm’s tax litigation department has successfully handled some complex cases for industries such as telecom, renewables, oil and gas, infrastructure, tourism, gaming and energy.

Data and Data Protection
Cyber security and effective data protection management have become extremely important in today’s world with the development of technology and digitalisation. Successful business models now face certain risk in connection with the management and protection of data. Our team is specialized in data protection laws and regulations and we support our clients and international companies exposed in Albania and Kosovo markets. We advise our clients in matters such as: compliant data handling, data security and cyber security, employee data protection, data protection compliance, investigations in case of legal breaches, data protection requirements in transactions, data transfer and processing, and data protection requirements and assessments for FinTech.

Real Estate
With an outstanding experience in the real estate sector, Tashko Pustina assists local and international clients with innovative advice, technical expertise, offering the clients clarity and commitment, and bringing commercial values to the transactions. Understanding the competitive pressure of today’s real estate world, and with real estate deals becoming more complex, the firm's practice includes acquisition and dispositions projects, financing, development projects, leasing, and property management.

Public Projects and Procurements
Our firm has a team of professionals with in depth knowledge, dedicated to advising both private business organizations and public institutions on all aspects of procurements, partnerships and concessions. We represent and advise local and international business organizations in preparing their bids and offers, or public entities in the design of auctions and project documents, and negotiation and completion of the project agreements. Sectors include: renewables, infrastructure, life sciences and healthcare, telecommunication, culture heritage.

Employment
The firm’s experts have a strong reputation in providing advice and supporting large industries in their day-to-day challenges concerning labour related matters.We advise our local and international clients and investors in a wide range of employment, HR and remuneration issues and complex and high-profile projects. The firm has a broad experience on significant corporate restructuring for Albanian large corporations, and advised on collective dismissals and collective and individual judicial processes. The firm also advises in strategic employment aspects of M&A deals and in management contract negotiations.

Restructuring
Restructuring and insolvency is a well-established practice for the firm, whereby the partners and associates provide an in-depth advice in relation to the local laws and regulatory framework, with a practical attitude and solution-based approach. In Kosovo, the experts of Tashko Pustina have served as professional service providers and liquidation administrators for some hundreds of socially owned enterprises under liquidation.

Main Industries: 

Renewables
The firm has a remarkable experience and know-how in the renewable sector. It advises some of the leading energy producers in the country on day-to-day basis. In the last three years the firm in consortia with other international experts have successfully advised the Albanian Ministry of Infrastructure and Energy, through European Bank for Reconstruction and Development in the design of the latest 3 international auctions for the production of a total 390 MW from photovoltaic and wind facilities, and on the improvement of the legal and regulatory framework. In its renewable practice the firm addresses other matters such as: licensing & permits, development, EPC and O&M, power purchase agreements, financing of renewable projects & securities, balancing, grid connection agreements.

Telecommunication
The firm has developed a notable strong practice in telecom industry and especially in matters such as regulatory, competition, M&A, and international arbitration. For the last 15 years, Tashko Pustina acts as the legal advisor of one of Albania’s largest telecommunication operators.

Energy & Infrastructure
The firm enjoys a distinguished experience in energy and infrastructure projects in Albania in sectors such as oil and gas exploration and exploitation, oil refining, mining, mineral enrichment, infrastructure and transport, aviation, defence, construction and operation of energy facilities through a variety of acquisition projects, concessions, license agreements, financing and re-financing projects.

Healthcare & Life Sciences
With the rapid development of technology and an increased regulatory scrutiny the life science and healthcare industry face legal and regulatory challenges. Our team comprises of experts, with legal, medical and scientific knowledge, who understand the complexity of the industry, in which our clients operate. Tashko Pustina supports clients in matters such as: privacy and data protection, competition, e-health, pricing and reimbursement, public procurements, product liability, employment, regulatory,andM&A.In the last 15 years, Tashko Pustina has advised the largest private healthcare provider in Albania and Kosovo.

FinTech
As the fintech market participants come up with innovative ideas, business models and financial services, the regulators are constantly trying to keep up with the new transformations in a heavily regulated financial services industry. In our daily work we support both local and international clients in their dealings with the local regulators. The members of our firm combine their in depth knowledge of the technology sector, with the excellent understanding of the regulatory framework. We have advised local banks and financial institutions in their technology projects, and we advise some of the most successful global fintech companies in our jurisdictions.

Information, Technology and Intellectual Property
Tashko Pustina provides practical advice for local and international technology companies including cross-border transactions, intellectual property protection, patents, and litigation. The expertise includes regulatory and compliance matters.

Hospitality & Leisure
With Albania’s great potential in the tourism industry, the firm has been very active in the industry. The experts of the firm understand the legal issue arising, and the firm advises on development, acquisition and divestment and contractual arrangements, including: management agreements, franchise, outsourcing operations, advertising and branding, finance & restructuring, and joint ventures. Our clients include: hotel owners, managers, and developers.

Automotive
The automotive industry is undergoing significant changes and transformation in the last decade. Such changes have impacted the use of new technologies. Our practice includes legal support in data protection, intellectual property rights, M&As, regulatory, and antitrust.

International Work

In the M&A practice: 

• Successfully advising the Turkish Çalik Holding on the transfer of shares it owned with the Albanian largest fix telecom operator ALBtelecom to the Hungarian 4iG.
• Advising one of the largest Albanian banks on its group restructuring.
• Advising on the merger of the fix provider ALBtelecom and its mobile subsidiary Eagle Mobile.
• Successfully advising the largest private healthcare provider American Hospital in the acquisition of the second largest private healthcare provider.

Financing: 

• Advising a group of 5 Albanian bankson a partial re-financing (EUR 32 M) of an existing syndicated loan for an Albanian production facility.
• Advising three international banks on a EUR 100 M financing for the acquisition of an Albanian mining company.
• Advising an international development bank on the financing of two local banks.
• Advising an Albanian private healthcare provider on the restructuring of an existing loan by an international development bank.
• Advising an Albanian hospitality and leisure company on the re-financing of a EUR 20 million loan.
• Advising 5 Albanian banks on their inter-creditor agreement for the partial refinancing of an existing syndicated facility.

Energy / Renewables: 

• Advising EBRD and Albanian Ministry of Infrastructure and Energy in connection with the auction design of the competitive procedure for the construction and operation of 140 MWp (70MW with a regulated price under a 15-year PPA, and 70MW of merchant capacity) of photovoltaic power plant to be developed in Karavasta, south-west Albania.
• Advising EBRD and Albanian Ministry of Infrastructure and Energy in connection with the auction design of the competitive procedure for the construction and operation of 100 MWp (70MW with a regulated price under a 15-year PPA, and 30MW of merchant capacity) of photovoltaic power plant to be developed in Spitalla, Albania.
• Advising EBRD and Albanian Ministry of Infrastructure and Energy (through EBRD) in connection with the assessment and drafting of secondary legislation related to the energy storage in Albania.
• Advising EBRD and Albanian Ministry of Infrastructure and Energy in connection with the auction design of a two-stage competitive procedure for the construction and operation of wind energy parks from 15 MW to 75 MW, with a total capacity up to 100 or 150 MW.

Fintech:
Our most recent work includes advising an Albanian bank on acquiring digital payments and e-money services licenses from the regulator, and advising a global fintech company on e-money and money transfer services in Albania and Kosovo.

Offices

Tirana, Albania:

Blv. Deshmoret e Kombit, Twin Towers, no 24, 1019 Tirana, Albania

T/F: +355 4 238 91 90

e-mail: [email protected]

Prishtina, Kosovo:

Fehmi Agani St., H 79, K 1, No 1, 10000 Prishtina, Kosovo

T/F: +383 38 71 77 55

e-mail: [email protected]