Legal Counsel & Deputy Company Secretary at Absa Bank Limited

To provide legal support to Absa Bank Kenya and its Subsidiaries, identify and manage legal risk in the Strategic Business Unit (SBU), liaising directly with the businesses as appropriate. To provide Company Secretarial services to Absa Bank Kenya Subsidiaries and specific insurance entities within Absa Group (“Assigned Entities”).

Job Description

Key accountabilities/Deliverables/Outcomes

Accountability:  Legal Support and Advisory Duties (50%)

• Provide objective, conscientious and fearless advise to the Bank.
• Support the long-term growth of the business by providing pragmatic and effective legal advice to manage legal risk across the business and assist in the design and implementation of procedures to manage, at an appropriate level, this risk.
• Ensure that all aspects of legal risk are identified covered and controlled in the implementation of new projects, systems, procedures and products.
• Develop and deliver strategic legal risk management initiatives.
• Ensure best practices are adopted and guidelines complied with, and that all activities comply with applicable laws, rules and regulations.
• Ensure that changes and developments in legislation, regulations, guidelines and practices affecting the markets in which Absa Bank Kenya and its Subsidiaries operate are analysed, evaluated and reported as required.
• Coordinate Business training on legal subjects either internally or through stakeholders (e.g. Law Firms)
• Embed the five legal policies, namely; Contractual Arrangements Policy, Use of Law Firms Policy, Litigation Policy, Intellectual Property Policy and Competition & Anti-Trust Policy
• Identifying and meeting management information requirements for the measurement of legal risk exposure, performance (both of internal and external legal resources) and productivity.
• Identifying and meeting management information requirements for the measurement of legal risk exposure, performance (both of internal and external legal resources) and productivity.
• Contributing to the development of Absa Bank Kenya strategy through the identification of legal risk.
• Liaising with the Heads of Functions & Departments to ensure that these teams are able to meet the ongoing requirements of the business

Accountability:  Company Secretarial Duties (40%)

Responsible in the Assigned Entities and Absa Bank Kenya Subsidiaries for:

• Ensuring Corporate Governance standards are maintained/improved in the Assigned Entities and Absa Bank Kenya Subsidiaries
• Delivery of high level business information/data relating to local and regional business activities
• Channel for distributing and receiving information critical to Group Corporate Secretariat (GCS) as required
• Monitoring compliance with GCS and Group policies for Assigned Entities and Absa Bank Kenya Subsidiaries
• Formulating standards and policies within Kenya and the region and for the Function and embedding in the Business
• Assisting with annual audit (governance/legal or otherwise) of the Assigned Entities, Bank Subsidiaries Board and directors
• Identify risk and problem areas in the business that need solutions
• Organisation and coordination of Board & Board Committee Meetings
• Preparation of Board Minutes, Resolutions, Powers of Attorney etc.;
• Maintenance of statutory records;
• Organisation and coordination of General Meetings and special general meetings
• Filing of Statutory Returns and Procurement of required Licences
• Board Management including induction, training and development of Directors
• Provision of company secretarial services and advice to senior management within Assigned Entities and Absa Bank Kenya subsidiaries, including listing obligations (debt and equity), AGM, Report and Accounts etc.
• Responsibility for process of notifications to the regulatory authorities.
• Management of database of information on Group companies and directors.
• Monitoring and implementing appropriate Corporate Governance regulatory (such as the Group Governance Framework) and statutory developments and ensuring compliance.
• Managing the Company Secretarial budgets for Assigned Entities and Absa Bank Kenya Subsidiaries

Accountability:  Team Leadership (10%)

• Provide education, training and support to the businesses on relevant legal risk issues and developments as appropriate.
• Ensure an up to date and relevant knowledge of principal areas of law and practice in all relevant jurisdictions.
• Undertake performance reviews and providing coaching and support for the SBUs

Qualifications

• Law Degree from a recognised reputable University
• An Advocate of the High Court of Kenya OR Solicitor/Barrister (or equivalent)
• Member of the Law Society of Kenya
• Certified Public Secretary in good standing with the Institute of Certified Secretaries of Kenya (ICS)
• Masters or advanced degree in law or business would be an added advantage
• Possesses at least seven (7) years demonstrable experience in company secretarial services/corporate governance matters as well as legal risk management experience in banking law/financial services law within the banking sector or the equivalent experience in a busy corporate body or law firm of good repute

Experience

• Strong technical legal ability
• Demonstrable experience of a significant number of those areas of corporate and business law relevant to Absa Bank Kenya and its subsidiaries including, but not limited to, banking law, company law, data privacy, law of contract, lending, commercial and civil litigation, employment law, pension law, commercial contracts and capital markets.
• Loan Market Association (LMA) agreements and Project Finance experience
• Understanding of Absa Bank Kenya strategy and Group strategy, business and markets
• Knowledge of Financial Services sector/industry
• Wide experience and full understanding of legal risk management