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Principle Accountabilities

 LEGAL FUNCTIONS                                                                        

Acknowledging receipt of all security documents from the Borrowers via the Relationship Team and/or the external legal counsel;

Updating the pre- disbursement checklist for tracking purposes;

Reviewing all documents to confirm legal terms and enforceability;

Forwarding the original security documents to Safe Custody unit for lodgment;

Forwarding lodgment/ disbursement sheet to Credit Admin for disbursement and updating of the system with details of security held;

Forwarding to credit admin relevant documents to facilitate disbursement

Creation of liens in case of cash security;

Supervising perfection of securities by external advocates:

Supervising and coordinating the perfection of Bank security documents prepared by the Bank’s external advocates and ensuring completion within the SLA timelines from the date of issuance of instructions to completion.

Undertaking the following pertaining to perfection of securities:

Instructing external lawyers to prepare and finalise all types of security documentation on behalf of the Bank;

Reviewing the draft security documents received from external lawyers and also supervising the review of security documents to ensure quality, uniformity and enforceability;

Prepare in-house security documents for customers and/or the group companies’ wishing to save on legal fees upon request/instructions from management;

Negotiating syndication agreements for and on behalf of the Bank;

Liaising with the concerned Relationship Managers in regards to arranging for the execution of security documents by the Bank’s Customers;

Reviewing the registered security documents to ensure proper registration before submitting the same the Credit Department for lodgement and giving the disbursements go-ahead;

Reviewing all undertakings issued by or received by the Bank particularly for the takeover of facilities, sale transactions, release of title documents for creation of tenancy leases, extension of lease, amalgamation or change of user, and circulating for signing by authorised bank attorneys

Reviewing and obtaining Credit approval for the discharge of bank collaterals for redeemed accounts or on takeover of facilities and circulating the discharge for signing by authorised bank attorneys

Maintaining a report of all the outstanding undertakings handled within the department clearly setting out the obligations to be fulfilled, the parties involved and the timelines to be met;

Following up to ensure that the undertaking obligations are fulfilled within the stipulated timelines;

Recommending necessary action(s) to be taken in the event of breach of terms by any party to the undertaking(s).

Reports:

Coordinating and ensuring that the disbursed facilities, and pending securities reports are sent to the divisional heads and RMs;

Coordinating and ensuring the miscellaneous report pertaining to security documents released after disbursement for various reasons (e.g. creation of tenancy leases, extension of lease, amalgamation or change of user).

Panel of advocates:

Ensuring that the law firms provide their firm’s professional indemnity cover and following up for renewal dates as and when expires;

Ensuring to procure the Tax Compliance Certificates for each year from the Advocates;

Periodically assess the advocate’s performance against the SLA signed between the Bank and the Advocates.

Other duties

Applications for registration of any new Trademarks and Trademarks renewal upon expiry

Supervising and co-ordinating the review of any other security documentation that the Bank may enter into with third parties; and

Advise the Bank on its rights and remedies under any legal documentation.

Periodically reviewing the standard form security documents to ensure they capture the current market trends and recent development in laws;

Periodically arranging for external lawyers to undertake security audits.

 ADMINISTRATIVE RESPONSIBILITIES                                                   

Handling & exchanging daily correspondence with Subsidiaries, Branches & other Departments of the Company

Maintaining & constantly updating a record of the Company’s contracts, leases, trademarks, professional indemnities and status thereof

STAFF FUNCTIONS                                                                                                    

Appraise staff performance in the department.

Ensure fair and equitable distribution of duties.

Supervise all staff and ensure discipline is maintained.

Attend to staff complaints, personal grievances and counsel them when necessary.

CUSTOMER CARE                                                                                                      

Listen to problems and offer timely and workable solutions.

Treating external staff and internal staff courteously and making every effort to be of assistance.

Counseling staff on legal matters.

TRAINING                                                                                                                                  

Training staff on new regulatory developments and other matters of a legal nature in liaison or collaboration with external counsel.

Follow up on performance of the trained Staff at the respective work stations

On Site Training.

OTHER DUTIES                                                                                                

Represent the department in certain meetings when called upon and as delegated from time to time.

Represent the Company whenever called upon to do so.

Any other duties as assigned from time to time.

Conducting workshops for specific needs of business units

Representing the department in Company projects that require legal input

Sitting in & actively participating in nominated committee & task forces

Key Competencies and Skills

Personal Attributes

Integrity

Attention to detail

Good Judgment

Commitment

Dedication

Honesty

Skills required to undertake the role

Analytical Skills

Communication Skills- Oral and Written

Conceptual Skills

Decision Making Skills

Leadership Skills

Excellent Interpersonal Skills

Influencing and Negotiation Skills

Computer Literacy Skills

Minimum Qualifications, Knowledge and Experience

Education: Bachelor’s in Law (LLB), Diploma Kenya School of Law, Admission to the Bar. CPS qualification an added advantage.

Experience: 

An Advocate of 2-3 years’ experience practising in a busy commercial law firm or in-house legal department of a financial company

Desirable: Training in a banking/company course