Head - Legal & Compliance - CS+LLB

We have been retained by an Indian MNC with business interests in diamond trading, jewellery manufacturing and retail, media, real estate and financial services.

The company is looking for a Legal & Compliance Head with 15 - 20 yrs of relevant experience within manufacturing.

About the role -

1. Reporting to - Director / MD

2. Team Members - 3

3. Edu. Qualification - CS + LLB

Key Functions -

Legal

1. Experience in private limited companies, with decent exposure to NBFC / LLP/Section 8 Company/Trust, export-oriented multi-entity environment

2. Strategic thinking ability to handle and advise the Group entities in litigation matters, including and not limited to Customs and SEZ, Contractual Disputes, IT/IP laws, Labour and Employment matters, Commercial & Taxation matters, contract interpretation, breach and remedies, contract compliance requirements, transfer of property

3. Provide legal opinions, legal interpretations and recommendations on issues related to various applicable law, rules and regulations

4. Proactively safeguard company interest by having clear risks and liabilities mitigation strategies after identifying and prioritizing potential legal risks, emerging regulatory or other issues and threats that may affect the business and also emerging out of existing and potential contracts

5. Monitor changes in relevant legislation and the regulatory environment and take appropriate action as and when required. Create systems to ensure compliances

6. Research and analysis of various policies, bills, amendments, notifications, relating to and impacting the Group entities

7. Draft, negotiate and review all contracts including customer and labour/job worker contracts including Master Service Agreement, Statement of Works (SOWs) & SOPs, Term Sheets, Amendments, Change Orders and Master Terms of Conditions, review and finalisation of loan/banking documents and advise on contracts received from third parties

8. Assess scope of work, business processes, workflows, information exchanges, service levels, commercial and legal aspects of the contract for potential exposure to liability risks arising from use of proprietary data, trademarks, IP, data-security and non-standard terms and conditions

9. Drafting and Vetting litigation-documents, (including affidavits and applications), notices / replies / correspondence with statutory and trade bodies

10. Understanding issues from internal stakeholders and provide guidance on legal basics, compliances, social & client-audits and providing practical solutions within timelines

11. Manage disputes/litigation with third parties; develop external relationships and alliances with law firms and advocates/senior advocates strengthening the capabilities of the Group.

12. Periodically update business and senior management on the progress of all critical issues. Conduct legal audits of various functions to ensure compliance with the policies and procedures

13. Build a compliant group; coordinate development of compliance agenda; build awareness of legal risk exposures; sponsor and support compliance initiatives. Ensure that the organisation and its associates including Section 8 Company and Trust are compliant all the time and raise alarm to the top management on any breaches etc.

14. Ensure compliance with customs and DGFT requirements for obtaining licenses and its redemption and clearance of machinery from customs

Company Secretarial

1. Compliance with requirements of RBI, FEMA, Companies Act and rules and regulations and liaising with MCA / RoC and other statutory authorities for various entities in the group.

2. Ownership of addressing Statutory matters, Regulatory matters, Secretarial jobs and documentation required under Company Law in a multi entity group

3. Initiate, drive process rigor and accuracy, execute and manage compliance under Corporate & Other Laws and ensure timely filings

4. Manage relationships and all issues relating to the Board of Directors and Shareholders, including convening Board, Committee and General Meetings and maintain updated paperwork related thereto

5. Compliance with FEMA, Reserve Bank of India requirements like - NBFC quarterly return, submission of Balance Sheet, FC-GPR etc.

6. Ownership of all operational matters as a part of Secretarial compliance

7. Providing data / information to the Statutory Auditors of the Company for Audit

Advise Board of Directors on key managerial and corporate governance issues

8. Responsible for ensuring that company complies with standard financial and legal practice and maintains standards of good corporate governance

9. Setting up of new entities on a need basis