Home | Jobs | Legal | Legal Counsel -Banking & Corporate Law, 4 to 7 years in Pune

18 Sep 2023

kEqt

Legal Counsel -Banking & Corporate Law, 4 to 7 years in Pune

SBER Bank

Pune

5-6 Years

Legal Advice, Contract Drafting, Litigation, Legal Compliances, Banking and Corporate Law, Legal Documentation

Job Description

Position: Legal Counsel -Banking & Corporate Law
Qualification: LLB,LLM
Experience: 4 to 7 years
Location: Pune


Job description
Roles and Responsibilities

The Legal Counsel should have exposure of handling the following kinds of matters:

a) Original Applications before the DRT;
b) Securitization Applications before the DRT;Civil Suit for Recovery;
c) Insolvency applications before the NCLT and appeals before the NCLAT and the Supreme Court;
d) Cases for Dishonour of Cheque;
e) Writ Petition Before High Court and Supreme Court;
f) Special Leave Petitions.

2.2. For Litigation matters, the scope of work of Legal Counsel shall include the following:

a) Assessment of clients accounts and making strategy for litigation wherever required;
b) Drafting of Legal Notices based on legal strategy;
c) Selection of Law Firm for handling of litigation matters based on area of practice of the firm and reputation of the Firm;
d) Discussion and finalization of prepared strategy together with the selected Law Firm;
e) Vetting of Draft petitions / applications prepared by Law Firm and finalization of the same;
f) Getting Approvals on drafts of petitions/ applications from Head Office Legal team on certain cases;
g) Signing of the Petitions post necessary approvals;
h) Attending hearings in the cases and assisting Advocates wherever required;
i) Appearing as Authorised Representative of the Bank wherever required;
j) Reporting of hearings to CEO in contentious matters;
k) Maintaining of records of Litigation matters, hearings, files, etc.;
l) Special focus on Recovery matters pertaining to NPA, preparation of matter projections, assessment of matters and change of strategy if required;
m) Managing the NPA recovery matters portfolio, updating the NPA chart and briefing the CEO about progress in Recovery matters on Bi-weekly basis;
n) Ensuring compliance in matters subject to Insolvency Proceedings;
o) Attending Committee of Creditors meetings, Joint Lenders Meetings, Joint Lenders Forum meetings;
p) Updating CEO on issues where decisions are required to be taken for Insolvency/ Committee of Creditors / Stakeholders Consultation Committee / Joint Lenders meetings. Obtaining necessary approvals from Branch or Head Office prior to communicating decisions regarding Insolvency Proceedings;
q) Preparation of materials for the Branch Committee for seeking approvals on required matters (corporate and litigation) from the Branch’s Head Office.


2.3. Scope of work for non-litigation/ corporate legal work shall include:

a) Core Banking related work including but not limited to working for new banking products;
b) Preparation of Opinions on each transaction’s Credit Committee Decisions, Draft Agreements, Transaction structure, etc., identification of risks and proposing methods to curb the highlighted risks;
c) Drafting of Documents for Credit Transactions including but not limited to Master Facility Agreement, Hypothecation Agreement, Guarantees (Personal as well as corporate), etc.
d) Drafting, vetting and negotiating of Agreements for procurement of Services for the Bank, Agreements for business transactions, Lease Deeds, etc. ;
e) Drafting and Vetting of Policies, Manuals, Office Orders, Internal Notices, show-cause notices, etc. for the Branch;
f) Verification of documents and legal capacity check of vendor company officials for procurement related matters;
g) Drafting of opinions on day to day legal issues arising out of the functioning of the Branch.
h) Seeking external opinions from Law Firms whenever required;
i) Drafting of letters/ explanatory notes/ memos for external agencies and Head Office;
j) Assistance to Head Office in their India and other common Law Country transactions;
k) Assistance to other European Branches and Subsidiaries on their transactions with Indian companies or organizations;
l) Drafting and vetting of Bank Guarantees, Demand Guarantees, Performance Guarantees, Integrity Pact Guarantees, etc. ;
m) Preparing of Legal Opinion on each Guarantee and risk assessment.
n) KYC check and verification of account opening forms;
o) Verification of Email Indemnity form for transaction requests received through email.

2.4. Scope of work for Other Legal works for the Branch shall include-

a) Preparation and managing of Legal Department’s Budget to resolve legal issues;
b) Providing assistance to Expat employees of the Branch in their Lease Agreements, FRRO Foreigners Regional Registration Office requirements, etc. ;
c) Ensuring legal compliance of laws of Republic of India in overall functioning of the Branch;
d) Coordination with the Police Station and police officials whenever required;
e) Business communications with governmental departments such as the Enforcement Directorate, the Goods and Services Tax (GST) Intelligence Department, etc.;
f) Assisting the Branch in carrying out disciplinary actions against incumbent employees and staff as and when required and instructed to do so;
g) Assistance to Compliance Department in some RBI related matters wherever required;
h) Coordination with Legal Team of Head Office in certain matters;
i) Relationship management and Coordination with Law Firms and Advocates.
j) Drafting / vetting of legal documents, letters etc.
k) Drafting of notes on Product features including Guarantees, process flows, conditions etc. in coordination with business departments.
l) Filing of various regulatory forms and applications for membership, facilities, transactions etc.
m) Drafting of legal documents, guarantees, undertakings for Branch’s customers etc.
n) ISDA documentation and Foreign exchange documentation
o) Render legal advice to the Branch staff on banking related legal matters including matters including but not limited to charge creation, Insolvency and Bankruptcy Code, SARFAESI Act, restructuring of accounts, NPA declaration and recovery procedure etc.
p) Rendering advice on transaction related matters pertaining to Banking Regulation Act, RBI Act, Banking Regulation Act or the Companies Act.
q) Rendering opinions on general Banking related queries
r) Assist the Senior Legal Counsel in any legal task assigned

Desired Candidate Profile -
Should have ideally done 5 years integrated course LLB and graduated from a top law college in India

Perks and Benefits
Quaterly Bonus over and above promising salary package

18 September 2023

kEqt

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