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Legal Counsel - Wholesale Banking (6-10 yrs)
We have been retained by a foreign bank to identify a Legal Counsel - Wholesale Bank (Origination and Client Coverage) to be based at Mumbai.
To provide legal support for the all Origination and Client Coverage - Wholesale Bank businesses in India.
- To develop standard form documentation for generic products, and review standard - form documentation periodically and propose changes to ensure that it remains appropriate in the light of legal and regulatory developments.
- Review generic Product Programmes, Country Addenda and related standard documentation.
- Provide guidance on acceptable amendments to approved standard form documentation and review and approve any non-standard documents or material departures from approved standard form documentation.
- Work with product specialists and relationship / sales staff, and external counsel, where applicable, to structure and document one- off transactions.
- Where appropriate, and after consultation with the relevant relationship officer, communicate directly with counterparties to negotiate, or explain, contractual documents.
- Assist to control the selection and appointment of external counsel in relation to product management and transactions. Monitor the performance and cost external counsel.
- Establish an effective interface with geographic Legal & Compliance staff on local legal and regulatory issues.
- Ensure financial security of the business.
- Ensure good reputation of the Bank.
- Management of risk.
- Ensure protection and enforceability of the Bank's legal rights.
- Free access to Wholesale Bank product specialists, marketers and sales staff, Head of Legal, Wholesale Bank to ensure the legal mandate is executed surgically and effectively.
- Authority to approve non - standard documents and amendments to standard form documents on a case by case basis.
- Law and regulations must be interpreted and applied constructively so as to facilitate business but not so as to materially weaken the position of the Bank.
- Many issues which arise in the course of drafting or negotiating documentation are not legal issues but involve aspects of credit, market, event or operational risk. The Legal Counsel must be able to understand the nature of this risk.
- Negotiation of document often requires a judgement decision in which a balance must be struck between the interests of doing business and of protecting the Bank. Even though the Legal Counsel does not make this decision, he/she must be able to make a meaningful recommendation and to provide the decision maker with sufficient information in order to make an informed decision.
- The legal Counsel must be able to adapt his/her approach to a range of legal system which may differ considerably from the system he/she was trained in.
- A degree in Law.
- Experience of 6 to 10 years in general commercial banking, including lending, trade finance and cash management.
- Experience in general company and commercial law.
- Understanding of the key features of relevant laws and regulations in the regions where relevant business is conducted Strong analytical and innovative legal skills
- Good judgement.
- Personal authority and integrity.
- Independence and resilience.
- An inquisitive approach to practices, procedures and specific transactions.