Job Description

JOB SUMMARY
The Head of Legal and Company Secretary shall manage the legal functions of the organization by supervising and coordinating the operations of the legal department and associated legal issues. He/She shall ensure the provision of sound legal framework to the organisation to achieve its objectives and provide counsel on legal and policy issues.

The role holder shall also manage the secretarial duties for the Board of Directors and Shareholders ; as well as appoint and manage external lawyers. 

MAIN RESPONSIBILITIES 

• Advise Management on legal issues and ensuring that the rights of the clients are protected.
• Review contracts between the Institution and other bodies.
• Provide analysis and counsel on legal and policy issues which may include protecting intellectual property, new products and other financial related transactions.
• Manage the Institution’s charged off loans and non- performing assets.
• Provide legal counsel to recover outstanding debts from defaulting Customers.
• Conduct and coordinate research into a variety of legal issues.
• Undertake credit appraisals of customers.
• Examine newly published laws, acts and regulations and ascertaining how these affect the institution’s business.
• Perfecting of legal documentation.
• Develop and recommend operating policy and procedural improvements.
• Prepare and create legal contracts on behalf of the Institution and representing the client in various legal proceedings.
• Review and draft contracts, agreements and internal policies and ensure that they are in compliance with all statutory or legal requirements.
• Participate in relevant committee meetings such as disciplinary, credit, loan review etc.
• Ensure the recovery procedures are applied by the Recovery unit and the branch network.
• Manage the Relationship with valuers and auctioneers and ensure organisation obtains the returns it deserves.
• Check the defaulting client’s files that come in for completeness and to take actions to improve their quality if needed (missing or unsigned documents).
• Take concerted decisions with Branch Managers on which clients and guarantors to seize - decisions based on different criteria (passing of Event of Default deadline, payment history, respect or breach of contract).
• Ensure an effective recovery set up for the operations of the company.
• Recommend final write-off to the Chief Operations Officer.
• Develop comprehensive reports for external lawyers should we have to go to court.
• Where necessary liaise with relevant departments to ensure that legal risks have been identified, appropriate courses of action have been taken.
• Review progress of outstanding litigation and liaise with and manage external lawyers.

OTHER RESONSIBILITIES

• Initiating court proceedings against Clients 
• Representing the Company in court on cases initiated by client or service providers
• Follow up with government agencies
• Company Secretarial duties
• Liaising with Recovery Department to perform legally sound recovery
• Meeting with defaulters
• Manage and reduce legal risks
• Manage the legal department
• Advising on legal issues

CHALLENGES

• Challenges with Court Bailiffs/Officers
• Challenges with Government agencies and officials
• Challenges with Departments
• Challenges with Branches

Required Skills or Experience

• A first degree in Law, Professional Law certificate and a Masters degree.
• At least five (5) years post call experience preferably in a Financial Institution.
• A minimum of three (3) years practice would be an added advantage.