Legal Head - ARC Business

Legal Head - ARC

Key Result Areas and Supporting Actions :

Providing integrated legal support towards acquisition and resolution of financial assets and transaction structuring.

- To formulate legal strategy for the acquisition, resolution and recovery of stressed accounts.

- To conduct legal due diligence of various contracts pertaining to the projects appraised by ARC and identify the legal risks involved therein, elevating them as appropriate and devising practical solutions for risk mitigation.

- To conduct/ organize title search with Land Registrar, ROC, Revenue Department, Court Search, Notification search etc for tracing/ confirming title to security proposed to be provided to ARC.

- To conduct/ organize vetting of security documents of underlying financial assets which includes loan agreements, mortgage deeds etc.

- To provide active support to business, risk and research teams in finalizing the transaction / security structure and terms and conditions for a proposal

- Partner with acquisition and resolution, tax, and operations teams and subject matter experts to structure, devise, negotiate, implement and manage complex transactions and documents

- To actively partner and coordinate with internal and external stakeholders and advisers to efficiently execute transactions while mitigating relevant risks

Drafting and vetting of transaction documents :

- Finalizing the documents in connection with the acquisition of financial assets by ARC from other banks /financial institutions.

- Devising all the documents for issuance for security receipts by ARC to qualified institutional buyers.

- Overseeing all documents, process and compliance for additional investments into the ARC (e.g., additional equity or NCDs) and all agreements the ARC is a party too

- To oversee external counsel/subject matter experts in connection with documentation

Set up and administer efficient systems and processes towards legal risk management :

- To anticipate and guard against legal and regulatory risks facing ARC's business

- To set up, implement and periodically update Legal SOP comprising of standard procedure for administering/ managing legal functions involving corporate legal issues, dispute resolution, due diligence, DMS, empanelment etc.

- To efficiently manage/ support other legal process initiatives including security release/ replacement, MIS, DMS, empanelment etc.

- To keep informed of industry-specific regulations to ensure that appropriate risk management strategies are in place

- To analyze legal and regulatory issues for their impact on specific investments, investment strategies and relevant regulatory implications

Dispute Resolution :

- To set-up efficient dispute resolution strategy.

- Handling SARFAESI/ IBC and other legal matters before legal for and with with external counsel.

- To closely co-ordinate with lawyers on various forms of dispute resolution

- To efficiently manage litigation data and documents including details of orders, awards, claims, counter-claims, litigation etc.

General Support :

- To provide support towards drafting and vetting of non-lending contracts, e.g., service provider agreement, non-disclosure agreements, I.T Contracts, H.R Contracts etc.

- To provide opinion/ advise on any day to day/ legal issue.

To focus on skill enhancement & team development :

- Periodically conduct sessions/ seminars on concerned legal and regulatory subjects.

- Arrange for training of the Legal Team, Compliance Team and Corporate Secretarial Team from time to time to keep the team updated with changing laws and precedents

- To share legal updates with the relevant and Varde representatives on legal and regulatory issues pertaining to ARC business.

Compliance :

- To develop and maintain strong knowledge of laws, regulations and industry best practices for ARCs, stressed and distressed asset acquisitions and restructurings.

- To monitor and report on developments in compliance and regulatory arena.

- To oversee the planning and execution of compliance programs, including monitoring, testing, identifying opportunities for improvement and communicating value added recommendations

- To be responsible for ensuring compliance with applicable laws and regulations, regulatory and compliance filing activities, detecting any compliance issues and executing correction actions to correct compliance issues.

- Oversee regulatory examinations, inquiries and other data requests.