Commercial Legal Advisor - Financial Services - Cape Town

Role Description JOB DESCRIPTION - COMMERCIAL LEGAL ADVISOR Department : Legal EE Occupational Level : Skilled Reporting directly to : Head of Legal EE Occupational Category : Academically qualified and experienced specialist Industry Sector : Financial Services Job Purpose To provide legal advice, support and assistance to all business units and companies within the Group to ensure best legal practice and manage and mitigate legal risks on behalf of the Group. Job Context The Commercial Legal Advisor reports directly to the Head of Legal The Commercial Legal Advisor is responsible for providing proactive, in-depth legal and business-focussed advice and analysing and identifying the legal risks and implications of all the business' transactions within area of responsibility. The Commercial Legal Advisor is required to perform a wide variety of tasks and duties that include, but are not limited to, drafting of contracts, review of contracts, legal research, administration and compliance with applicable laws. The Commercial Legal Advisor is also tasked with keeping the Head of Legal informed of any new legislation/regulations that potentially affects the business of the Group generally and coordinating all legal matters requiring external legal assistance. Internal liaison will be with all business units within the group. External liaison takes place with external stakeholders such as business partners, regulatory administration offices and external legal counsel. REQUIREMENTS Knowledge Skills Experience Education • Knowledge of commercial and business law Knowledge of financial transactions Knowledge of legal compliance Knowledge of commercial agreements • Knowledge of legal systems of all countries in which the group companies operate • Knowledge of the remittance industry and the specific legal requirements relevant to the industry • Computer literate (Office Suite) • Written & verbal communication skills • Planning and organising skills • Administrative skills • Excellent attention to detail • Strong interpersonal skills • Research skills (internet and other legal resources) • Analytical skills • Multi-tasking skills • Excellent critical thinking skills and analytical skills • Ability to work well under pressure and stick to tight deadlines • 3 - 5 years post admission experience in a corporate and commercial environment (Essential) • Solid experience drafting of contracts and strong drafting (contractual and opinion writing) (Essential) • Grade 12 / or equivalent • (Essential) • LLB Degree (Essential) • Admission as an attorney of the High Court (Essential) • A tertiary business/commercial qualification (Desirable) RESPONSIBILITIES 1 To provide legal advice in an effective and professional manner Provide effective and high-quality legal advice (including opinions) to all key stakeholders within the business including advice on all applicable contracts required for operation of the business Research regulations, laws, and legal articles to assist with the preparation of legal advice Respond and resolve ad hoc legal queries timeously and effectively Assist with rolling out policies, procedures and controls and report on non- adherence at the appropriate level where necessary Proactively assist with compliance with relevant legislation, regulations and contractual obligations and likewise proactively assist with the prevention of non- compliance with relevant legislation, regulations and contractual obligations Instruct external legal counsel where necessary and co-ordinate all legal matters which require external legal assistance 2 To ensure all legal agreements and documentation are in place Draft and review sensitive and high-value legal agreements and documentation (including policies) necessary for business operations ensuring compliance with all in-country legislation Develop and review standard legal templates Assist with the safe storage of all hard and soft copies of sensitive and high-value legal agreements and documentation within area of responsibility 3 To mitigate business risk by constantly monitoring and identifying areas of risk Work with the legal team members, relevant stakeholders and external service providers in identifying and managing potential legal risk Assist with the implementation of plans to address areas of concern Carry out corrective action and follow up to ensure risk has been mitigated 4 To liaise with relevant stakeholders Manage expectations and relations with internal and external stakeholders Negotiate with internal and external stakeholders when required Proactively build positive relationships with all internal and external stakeholders Communicate the process and timeframes for requests to all internal and external stakeholders effectively and constructively Update internal and external stakeholders regularly and ensure required turnaround times are met Manage delivery of outsourced work Assist with providing required information and documentation to auditors during annual audits 5 To maintain up to date and current knowledge on happenings within the legal environment Carry out legal research and investigations (through internet searches and other legal resources) Keep on top of relevant legislative, regulatory and industry changes and assess impact of any new legislation providing updates to line manager when required Provide training to internal stakeholders when required if new legislation impacts them Analyse data and recommend course of action when required 6 To assist with internal training and mentorship Assist with internal training and education as may be required Mentor and share knowledge with less experienced team members 7 To manage own professional and self-development Monitor and manage own time Attend regular 1-to-1s with line manager Attend bi-annual performance review with line manager Attend all required training courses JOB DETAILS Scope of Planning Scope of Decision Making Level of Problem Solving: Short Term Drafting and reviewing of contracts Providing legal advice and opinions Research Compilation of policies and procedures Report writing Managing expectations All decisions required to carry out daily advisory and drafting duties Problems are resolved using constructive thinking Example: Drafting complex legal contracts across multiple countries and legal frameworks What decisions are escalated to Commercial Legal Advisor (line manager): Deviations from standard policy/process/departmental standard Final sign-off on contracts Final sign-off on policies What is the immediate impact of wrong decisions? Void/voidable contracts/transactions Litigation Damages Time and cost Loss of licence COMPETENCY REQUIREMENTS Essential Desirable Less Relevant Not important Innovation Execution Professional Expertise Initiative and Responsibility Influence Analysis and Judgement Effective Communication Self-Development Steadiness Systematic Approach Organizational awareness People Development Constructive Teamwork • Networking Vision and strategy Business Development Bottom-line focus People Management Brought to you by AGC Recruitment