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In-House legal Consul

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About FINCA Afghanistan

The Mission of FINCA Afghanistan is to provide financial services to the lowest-income entrepreneurs, so they can create jobs build assets and improve their standard of living.FINCA International is one of the world's leading micro finance institutions, provides financial services to more than One Million clients through 23 wholly-owned and operated subsidiaries in Africa, Eurasia, Latin America and the Middle East and South Asia (MESA)

FINCA Afghanistan has over 350 employees and among one of the leading Microfinance providers in the country with its Islamic and enterprise friendly products. It is rapidly growing and is currently operating in Kabul, North and West Regions.

Job Summary

The In-House Legal Counsel (ILC) as the Senior Legal Officer for a FINCA subsidiary will be responsible for all legal matters related to the subsidiary, reporting directly to the subsidiary’s CEO as well as the Office of the General Counsel of FINCA International, Inc. (FINCA). The ILC will provide legal support to the operations of the subsidiary, with special emphasis on the litigation, corporate, contracts, microfinance, and compliance aspects. In coordination with FINCA’s Office of the General Counsel, the ILC will be responsible for reviewing and preparing contracts and other corporate and legal documents, ensuring compliance with microfinance applicable legislation and regulation, representing the subsidiary before competent courts or 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.

ILC will be responsible to review all Policies of the subsidiary ensures these policies are in compliance with the local laws.
ILC will be also working as Corporate Secretary to the Board and take the responsibility of all related matters from arranging the meetings, preparing/collecting the data to drafting minutes etc.

Job Details

Date Posted: 29 Nov 2016 Reference: FA-KBL-HQ- 104
Closing Date: 10 Dec 2016 Work Type: Full Time
Number of Vacancies: 1 Gender: Any
Functional Area: Law Open Ended: Yes
Nationality: Afghan Salary Range: As per company salary scale
Contract Type: Permanent Years of Experience: 3 Year(s)
Contract Duration: 0 Year(s) & 0 Month(s) Extension Possibility: No
Probation Period: 3 Months

Duties and Responsibilities

Complying with banking and microfinance regulation applicable to the activities and operations of the subsidiary
• Determining the obligations of the subsidiary based on 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 goal
• 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 law.

• 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
• Providing support to the subsidiary to ensure compliance with 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 protect the interests of the subsidiary
• Engaging with tax experts as necessary in order to provide advice 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, and the local tax experts, 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’s clients but also including other documents such as leases, sales and services agreements, ensuring that the documentation protects the subsidiary’s interests and complies with applicable law.
• Providing legal assistance for the protection of the FINCA trademarks in the country where the subsidiary is located
• Staying abreast of the laws and regulations applicable to the subsidiary
• Assisting in the process of legalization and authentication of documents prepared or to be used abroad

III. Representing the subsidiary before courts and administrative agencies
• 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
• Serving as corporate secretary to the FINCA subsidiary
• 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


• Providing reports to the members of the Audit Committee of the subsidiary and attending Audit Committee meetings
• 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 compliance with corporate law and the provisions of the Memorandum of Association and Articles of Association 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 and the Office of General Counsel
• Providing for and conducting legal audits on compliance by the subsidiary with local laws and regulations

V. Providing legal assistance to the corporate finance operations and transactions of the subsidiary
• 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

VI. Supporting regional or global projects as a part of the Office of General Counsel
• 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 Office of the General Counsel

VII. Organizing and supervising the legal support provided to the subsidiary
• 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


• Providing periodical reports on activities and projects to the subsidiary’s Chief Executive Officer and FINCA’s Office of the General Counsel
• Coordinating and supervising the work of other attorneys providing legal services to the subsidiary

COMPETENCIES
Leading With Integrity
• Reinforces our values through daily behavior
• Holds others accountable to ethical behavior
• Encourages full disclosure of mistakes
• Confronts unethical behavior quickly
Employee Engagement
• Maintains a fulfilling work environment
• Engages people based on their strengths
• Mentors others to develop their skills
• Sets clear and measurable goals
• Provides feedback on performance regularly
Achievement Focus
• Overcomes obstacles creatively
• Consistently achieves business objectives
• Recognizes and pursues opportunities
• Takes calculated risks to achieve goals
Collaboration
• Convinces others collaboration is a win-win
• Holds people accountable to work together
• Fosters mutual accountability to achieve results
• Develops rapport throughout the subsidiary
Responsible for Results
• Takes responsibility for own actions
• Manages others to focus on key priorities
• Helps others overcome challenges
• Balances urgency with attention to detail

Recruitment & Staffing
• Makes quality hiring decisions
• Forecasts staffing needs accurately
• Follows subsidiary’s hiring process
• Demonstrates effective interviewing process
Financial Responsibility
• Conserves organizational resources
• Works within budget guidelines
• Assesses ROI on expenditures
• Adjusts allocations to take advantage of unplanned opportunities
Planning and Performance Management
• Ability to set and deliver against Board instructions
• Ability to plan, monitor, and follow-up the implementation and delivery of Management Team
• Excellent skills related to the organizing, scheduling and administration of Board and Management meetings and demands
• Excellent organization, time, work and self-management skills

Interpersonal Skills
• Ability to adapt and work co-operatively and effectively at senior levels with the Board and Management
• Strong relationship building and diplomatic interpersonal skills with sensitivity to the emotional, attitudinal and political aspects of the corporate life
• Ability to handle difficult people and tense situations with diplomacy and tact; spot potential conflict, bring disagreements into the open, encourage debate and open discussion and orchestrate win-win situations
• Disposition to share specialist legal knowledge fully and willingly with other employees in the interest of the company

Reporting and Communication Skills
• Exceptional oral communication skills in English , Dari and/or Pashto and ability to communicate clearly and persuasively
• Understand corporate and board meetings procedures, and interpret business and board reports
• Experience and practical skills in drafting minutes, governance manuals, reports, contracts relating to a variety of business areas including joint ventures, mergers and
Acquisitions, employment, procurement, leasing of property, insurance, and clients and other third-party contracts

Travels to Provinces

Require Travels to Provinces

Skills

External Relationships
• Central Bank
• Professional Advisory Firms
• Banking Regulatory Bodies
• External Legal Counsel
• Local Bar Association

Qualifications

Education
Authorized to practice of law in Afghanistan
Law Degree
Experience
A minimum of 3 years of experience
Experience in finance/banking (preferred)
Experience in corporate law,
Experience in litigation and labor law
Languages
English and at least one local language
TRAVEL REQUIREMENTS
Availability to travel (up to 30% of the time)

PHYSICAL DEMANDS

Ability to travel in economy class when traveling by air or road in Afghanistan or abroad. Ability to use own vehicle to perform required responsibilities in Afghanistan

Job Location

Afghanistan - Kabul: PROVINCIAL CENTER (KABUL)

Education:

Bachelors Degree, Law

Submission Guideline

All interested and qualified candidates should submit their CV along with application letter also please mention the position title and Vacancy number clearly in the subject line of your email (FA-KBL-104 (In-House Legal Consul) otherwise your CV will not be considered for mentioned position.

Submission Email

hr@fincaaf.org

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