COMMERCIAL BANK OF AFRICA
CBA is the largest privately-owned bank in East Africa, with representation in Kenya, Tanzania and Uganda, and shortly planning entry into Rwanda. In addition to providing services to the Corporate and Personal Banking market segments there is now also strong focus on targeting the Small and Medium Enterprise (SME) segment. CBA is one of the leaders in innovation in the banking space, being the first to offer fully digital banking channels, M-pesa1 and M-shwari2 products, 105% mortgage financing and foreign currency based mortgages and credit cards. It has gained a good reputation for being one of the financial service providers to offer banking solutions tailored to each local market. They are looking to fill the position above.
Group Head of Legal & Company Secretary
JOB PURPOSE STATEMENT
The purpose of the role is to provide legal advice and support to the Bank and its various departments on all matters, to ensure the efficient and proper perfection of all Bank securities, to liaise with external legal counsel on all matters affecting the Bank and assist the Company Secretary in the statutory duties for the Bank in its subsidiary in Rwanda.
KEY RESPONSIBILITIES & PERCENTAGE (%) TIME SPENT
· Manage the timely and proper perfection of all Bank securities for customers (Corporate and PB) and staff by liaising with external advocates to ensure that all documents and information necessary for perfection of securities is provided as fast as possible, reviewing the draft security documents, ensuring proper execution by the parties and reviewing the registered documents to confirm proper perfection.
· Review the draft security documents
· Analyze and assist the business units in structuring financing and other business deals, advising on the security structures for the different arrangements.
· Update the Bank and Group on all legal developments in the jurisdiction
· Review of all agreements and documentation relating to any ventures being considered by the Bank at both the overall Bank level and at the departmental level, drafting and reviewing drafts of agreements prepared to capture the intended deal, negotiate the contract (where so required) and pursue completion (execution as appropriate) of the same in good time (new banking system contracts with Temenos)
· Continuous review of the Bank’s standard documents/forms and existing security documents to ensure compliance with current legislation and other changes in the regulatory environment (example is the changes to the GTC to accommodate disclosure of client information necessary under AML and CRB provisions)
· Manage in conjunction with the Remedial Unit recovery process on bad loans by liaising with external lawyers to ensure that all documents and information necessary for recovery process is provided as fast as possible, providing legal advice in-house to facilitate necessary action by the Remedial Unit, meeting and facilitating negotiations with bad debtors for settlements, preparing Memos to EXCO for approval of settlement arrangements and review of securities to support realization efforts.
· Provide general legal advice to all bank departments on banking issues from account opening to operation of court orders and Tax Regulator demands on bank accounts, legal advice/support to staff on general matters and facilitate the training of staff on securities and legal issues relating to lending.
Company Secretary Role: Will seal documents, witness execution by the Bank on Facility Letters and other contracts, taking minutes at various sittings of Management Committees and AGMs (CBA Unit Trust, Staff Retirement Benefits Scheme), preparing the Board Paper on litigation against the Bank, managing of statutory duties for the Bank and its subsidiaries.
· Interpersonal skills to effectively communicate with and manage expectations of customers and other stake holders who impact quality of legal services.
· Technical skills to effectively perform legal activities/tasks in a manner that consistently produce high quality of service.
· Knowledge and effective application of all relevant banking policies, processes, procedures and guidance to consistently achieve required compliance standards or benchmarks
· Self-empowerment to enable development of open communication, teamwork and trust that are needed to support performance and customer-service oriented culture.
QUALIFICATION AND EXPERIENCE REQUIREMENTS
· Law (LL.B) Degree from a recognized University
· At least 3years’ experience in legal practice, particularly in security perfection and review of commercial transactions within a Commercial Bank in Rwanda.
· Working knowledge of the legal environment for Banking and general business/commerce in Rwanda.
· Working knowledge of the lending practice for financial institutions, particularly lending to the different market segments – corporate, SMEs and retail banking
· Working knowledge of business management and banking acquired through practical experience in a work environment, seminars and courses on business and banking related subjects
· Fluency in both French and English.
· Registered Company Public Secretary.
· Registered by the Rwanda Bar Association.
· Practical experience acquired through working in a banking institution; working knowledge of banking business acquired through participation in facility structure meetings, Due diligence exercises and management of non-performing loan portfolio to reduce outstanding.