The In-House Legal Counsel (ILC) as the Senior Legal Officer of a FINCA Subsidiary will be responsible for all legal matters related to the Subsidiary, reporting directly to the Subsidiary’s CEO and the Office of the General Counsel of FINCA International, Inc. (FINCA). The ILCwill provide legal support to the operations of the subsidiary, with special emphasis on the corporate, banking and corporate finance aspects. In coordination with FINCA’s Office of the General Counsel, the ILCwill be responsible for reviewing and preparing contracts and other corporate and legal documents, analyzing the tax consequences of the operations and transactions in which the subsidiary participates, ensuring compliance with banking and microfinance applicable legislation and regulation, representing the subsidiary before the regulator, competent courts and other authorities as well as ensuring compliance with labor and employment obligations. In addition, the ILC will be responsible for identifying legal risks associated with the operations of the subsidiary and proposing mechanisms for mitigating such risks. The ILC will operate in accordance with the Protocol of the Office of General Counsel.
RESPONSIBILITIES
The responsibilities of the ILC include:
I. Complying with banking and microfinance regulation applicable to the activities and operations of the subsidiary (20%)
- Determining the obligations of the subsidiary established in applicable banking and microfinance legislation
- Ensuring that the subsidiary’s personnel and officers have all the information necessary for complying with legal obligations provided in banking and microfinance legislation, proposing policies and actions to accomplish such goals
- Identifying legal risks associated with the operations of the subsidiary and proposing mechanisms for mitigating them
- Reviewing internal documents and policies to ensure they are drafted in accordance with applicable legislation
- Reviewing and preparing, as necessary, contracts and documentation used by the subsidiary in the business of providing microfinance services to its clients
- Assisting in the preparation and drafting of reports and communications to the regulator
- Staying abreast of new banking and microfinance legislation and regulation applicable to the subsidiary
II. Providing legal support with respect to other areas of the operations of the subsidiary (25%)
- Providing support to the subsidiary to ensure compliance by the subsidiary of its labor and employment obligations as employer of its staff, including registering with local authorities and entering into employment contracts drafted in accordance with local law and that protects the interests of the subsidiary
- Advising as to tax liabilities and practices of the subsidiary, including those related to transactions with local and foreign third parties and, in coordination with FINCA’s Office of the General Counsel, proposing ways to structure such transactions in order to obtain the best tax treatment available under applicable law
- Reviewing and drafting documentation related to the implementation of potential projects by the subsidiary, including grant agreements and partnerships with third parties
- Providing legal opinions based on local law regarding various aspects of the operations of the subsidiary
- Reviewing and drafting documentation and contracts related to the day-to-day activities of the subsidiary, especially as to documents for loans to the Subsidiary clients but also including other documents such as leases, sales and services agreements, ensuring that the documentation protects the Subsidiary’s interests and comply with law.
- Providing legal assistance for the protection of the FINCA trademarks in Malawi
- Staying abreast of the laws and regulations applicable to the subsidiary
- Assisting in the process of legalization of documents prepared or to be used abroad
III. Representing the Subsidiary before Courts and Administrative Agencies (15%)
- Representing the subsidiary before local authorities and courts as required
- Maintaining resources and overseeing collection litigation and fraud prosecution, in keeping with FINCA practices and policies
- Pursuing claims by the Subsidiary as determined and defending the Subsidiary against claims by third parties
IV. Implementing and supporting good corporate governance (20%)
- Preparing and reviewing corporate documentation, including notices of meetings, resolutions of corporate bodies and minutes of the meetings of the shareholders, the Board of Directors and other committees, as applicable
- Drafting powers of attorney, as needed
- Ensuring that adequate information flow is provided to satisfy the duty of care of the members of the Board of Directors of the subsidiary
- Ensuring that corporate books comply with legal requirements and are kept up to date
- Ensuring the issuance of shares of the subsidiary is completed on a timely fashion and in accordance with legal requirements
- Completing the registration of corporate documents with competent authorities, as required
- In general, ensuring the correct compliance of corporate legislation and the provisions of the Articles of Incorporation and the Bylaws of the subsidiary
- Serving as a control function and ensuring that critical issues are brought to the attention of the appropriate level within the Subsidiary or the Office of General Counsel
- Providing for and conducting legal audits on compliance by the Subsidiary with local laws and regulations
IV. Providing legal assistance to the corporate finance operations and transactions of the subsidiary (10%)
- In coordination with FINCA’s Office of the General Counsel and Capital Markets Group, drafting, preparing and reviewing all legal and corporate documentation required to complete corporate finance transactions with local and foreign lenders
- Providing legal opinions related, among others subjects, to the validity and enforceability of the obligations provided for the documents and financing agreements
V. Supporting regional or global projects as a part of OGC (5%)
- Participating in projects as may be required on a regional or global basis
- Participating in professional development activities in order to take advantage of the skills and experience of the network of lawyers, and as able, participate in contributing to the development and expertise of other members of the OGC.
VI. Organizing and supervising the legal support provided to the subsidiary (5%)
- Assisting FINCA’s Office of the General Counsel in identifying and hiring the services of outside legal counsel, as needed
- Organizing and performing training sessions for the staff and management of the subsidiary on relevant legal issues
- In coordination with FINCA’s Office of the General Counsel and Human Resources Department, providing legal support to determine the best hiring structure and the types of visas and immigration permits required to allow foreign citizens to provide services to the subsidiary in Malawi
- Providing periodical reports on activities and projects to the subsidiary’s General Manager and FINCA’s Office of the General Counsel
- Coordinating and supervising the work of other attorneys providing legal services to the subsidiary
PERSONNEL SPECIFICATIONS
Education
Authorized for the practice of law in Malawi
J.D Degree
Experience
A minimum of 5 years of experience
Experience in finance/banking
Experience in corporate law
Experience in litigation and labor law, preferred
Languages
Local language and English
