Corporate Legal Counsel

  • 30 Nov 2020
  • Kinshasa, Kinshasa, Congo, The Democratic Republic of the
  • Full-time
  • Legal
  • fin-10398

Job Title:            Corporate Legal Counsel 

Department:       Legal      

Reports To:       Head of Legal     

Salary Grade:       FPP        

Closing Date : November 30th 2020

SUMMARY

The Corporate Legal Counsel as the Senior Legal Officer of FINCA RD CONGO, S.A. will be responsible for all legal matters related to the Company, reporting directly to the Head of Legal  The CLC will provide legal support to the operations of the Company, with special emphasis on the corporate, banking and corporate finance aspects.   Under the supervision of the Head of Legal, the CLC will be responsible for Classification of Statutory Document, ensuring compliance with applicable banking and microfinance legislation and regulation, representing the Company before the regulator, as well as ensuring compliance with SGPM, labor Law and employment obligations.  In addition, the CLC will be responsible for identifying legal risks associated with the operations of the Company and proposing mechanisms for mitigating such risks.  The CLC will operate in accordance with the Protocol of the Office of General Counsel.

The CLC can be assigned by nomination of the BOARD as Company Secretary

ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned.

  1.          Complying with banking and microfinance regulation applicable to the activities and operations of the Company
  • Determining the obligations of the Company based on applicable banking and microfinance legislation
  • Ensuring that the Company’s personnel and officers have all the information necessary for complying with legal obligations provided in banking and microfinance legislation, and proposing policies and actions to accomplish such goals
  • Identifying legal risks associated with the operations of the Company and proposing mechanisms for mitigating them
  • Reviewing internal documents and policies to ensure they are drafted in accordance with applicable law
  • Reviewing and preparing, as necessary, contracts and documentation used by the Company in the business of providing microfinance services to its clients
  • Assisting in the preparation and drafting of reports and communications to the regulator
  • Staying abreast of new banking and microfinance legislation and regulations applicable to the Company
  1.         Providing legal support with respect to other areas of the operations of the Company
  • Providing support to the Company to ensure compliance with labor and employment obligations as an employer, including registering with local authorities and entering into employment contracts drafted in accordance with local law and that protect the interests of the Company
  • Engaging with tax experts as necessary in order to provide advice as to tax liabilities and practices of the Company, including those related to transactions with local and foreign third parties and, in coordination with FINCA’s Office of the General Counsel, and the local tax experts, proposing ways to structure such transactions in order to obtain the best tax treatment available under applicable law
  • Reviewing and drafting documentation related to the implementation of potential projects by the Company, including grant agreements and partnerships with third parties
  • Providing legal opinions based on local law regarding various aspects of the operations of the Company
  • Reviewing and drafting documentation and contracts related to the day-to-day activities of the Company, especially as to documents for loans to the Company’s clients but also including other documents such as leases, sales and services agreements, ensuring that the documentation protects the Company’s interests and complies with applicable law.
  • Providing legal assistance for the protection of the FINCA trademarks in the Democratic Republic of Congo
  • Staying abreast of the laws and regulations applicable to the Company
  • Assisting in the process of legalization and authentication of documents prepared or to be used abroad
  1.        Representing the Company before administrative agencies
  • Coordinating and overseeing the representation of the Company before local authorities, as required.
  • Maintaining resources and overseeing collection litigation and fraud prosecution, in keeping with FINCA practices and policies
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  • Coordinating and overseeing the pursuit of claims by the Company as applicable, and defending the Company against claims by third parties
  1.        Implementing and supporting good corporate governance
  • Support the Head of Legal with all BOARD Material required
  • Provide legal support to ensure that all decision taken by the BOARD or MT meetings are in compliance with applicable requirements and to ensure that all decisions are adopted in a timely manner and by the appropriate corporate body
  • Assists the Head of Legal with preparation of the agenda for Board and Committee meetings
  • Provides guidance to the Management Team in the preparation of materials for each meeting
  • Takes minutes at Board meetings and applicable Committee meetings
  • Ensures that appointments and removals of Directors are documented and registered, as required, including issuing formal letters of appointment and removal to the Directors, and sending copies of these to FINCA Management in a timely fashion
  • Ensures compliance with applicable laws, regulations, FINCA Policy and principles of good corporate governance
  • Reports and advises on conflicts of interest in accordance with FINCA policies and the Code of Conduct
  • Advises Management Team, RM and BM on their responsibilities
  • Periodically assesses governance practices and recommends ways to improve
  • Maintains all corporate records and documents all corporate decision-making
  1.         Providing legal assistance to the corporate finance operations and transactions of the Company
  • In coordination with FINCA’s Office of the General Counsel and the Capital Markets Group, drafting, preparing and reviewing all legal and corporate documentation required to complete corporate finance transactions with local and foreign lenders
  • Providing legal opinions relating, among others subjects, to the validity and enforceability of the obligations provided for the documents and financing agreements
  1.        Supporting regional or global projects as a part of the Office of General Counsel 
  • Participating in projects as may be required on a regional or global basis
  • Participating in professional development activities in order to take advantage of the skills and experience of the network of lawyers, and as able, participate in contributing to the development and expertise of other members of the OGC.

Customer Service

The Legal Department provides an institutional framework to minimize the Company’s operational and legal risk. Therefore, the Legal Department shall conduct frequent assessment, within the legal context to: (a) ensure compliance with applicable law, Company policies and legal obligations; (b) ensure the protection of customer information and (c) to improve form loan and other banking agreements in compliance with applicable law 

Supervisory Responsibility

  • Legal Assistant

COMPETENCIES            

Leading With Integrity

  • Reinforces our values through daily behavior
  • Holds others accountable to ethical behavior
  • Encourages full disclosure of mistakes
  • Confronts unethical behavior quickly

Employee Engagement

  • Maintains a fulfilling work environment
  • Engages people based on their strengths
  • Mentors others to develop their skills
  • Sets clear and measurable goals
  • Provides feedback on performance regularly

Achievement Focus

  • Overcomes obstacles creatively
  • Consistently achieves business objectives
  • Recognizes and pursues opportunities
  • Takes calculated risks to achieve goals

Collaboration

  • Convinces others collaboration is a win-win
  • Holds people accountable to work together
  • Fosters mutual accountability to achieve results
  • Develops rapport throughout the Company

Responsible for Results

  • Takes responsibility for own actions
  • Manages others to focus on key priorities
  • Helps others overcome challenges
  • Balances urgency with attention to detail

Recruitment & Staffing

  • Makes  quality hiring decisions
  • Forecasts staffing needs accurately
  • Follows Company’s hiring process
  • Demonstrates effective interviewing process

Financial Responsibility

  • Conserves organizational resources
  • Works within budget guidelines
  • Assesses ROI on expenditures
  • Adjusts allocations to take advantage of unplanned opportunities

Planning and Performance Management

  • Ability to set and deliver against Board instructions
  • Ability to plan, monitor, and follow-up the implementation and delivery of Management Team projects
  • Excellent skills related to the organizing, scheduling and administration of Board and Management meetings and demands
  • Excellent organization, time, work and self-management skills

Interpersonal Skills

  • Ability to adapt and work co-operatively and effectively at senior levels with the Board and Management
  • Strong relationship building and diplomatic interpersonal skills with sensitivity to the emotional, attitudinal and political aspects of the corporate life
  • Ability to handle difficult people and tense situations with diplomacy and tact; spot potential conflict, bring disagreements into the open, encourage debate and open discussion and orchestrate win-win situations
  • Disposition to share specialist legal knowledge fully and willingly with other employees in the interest of the company

 Reporting and Communication Skills

  • Exceptional oral communication skills and ability to communicate clearly and persuasively
  • Understand corporate and board meetings procedures, and interpret business and board reports
  • Experience and practical skills in drafting minutes, governance manuals, reports, contracts relating to a variety of business areas including joint ventures, mergers and acquisitions, employment, procurement, leasing of property, insurance, and clients and other third parties contracts

PERSONNEL SPECIFICATIONS

Education

Must have at least a Bachelor’s degree in law

LL.M Preferred

S/he must be admitted to the Ordre National des Avocats de la RD Congo

Experience

A minimum of 5 years of experience

Experience in finance/banking

Experience in corporate law

Experience in litigation and labor law, preferred

Languages 

Written and spoken fluency in English, French and at least one local language

KEY RELATIONSHIPS

Internal Relationships

  • Chief Executive Officer
  • Board of Directors and Board Committees
  • Management Team at all Levels
  • Office of General Counsel

External Relationships

  • Central Bank
  • Professional Advisory Firms
  • Banking Regulatory Bodies
  • External Legal Counsel
  • Local Bar Association

TRAVEL REQUIREMENTS

Availability to travel (40% of the time)

 

NB: At FINCA, our Offer of employment are free of charges and no fees are required before, during neither after the recruitment process. In addition, we promote the gender equity and non-discrimination. Both qualified Male and Female are encouraged to applied.

 

 

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