The Legal Counsel Manager will be an integral part of the East Africa Finance Department and work closely with the Headquarter Legal Department to prevent risks and defend the Group’s interests through legal monitoring of amicable or judicial claims. The Legal Counsel Manager will provide legal advice for the conclusion of projects and actions in compliance with internal as well as external regulations and policies. He or she will collaborate with other internal teams to streamline our processes, including contract review and negotiation for procurement, and ensure the selection of CMA CGM partners that are committed to ethical business conduct and to encourage those partners in the implementation of effective compliance programs.
Primary Duties and Responsibilities:
The Legal Counsel Manager will be assigned well-defined strategic initiatives to address risk as well as day-to-day management of legal transactional. They will include the followings:
Claim and litigation management
- Follow-up of claims and maritime litigation in general in compliance with CMA CGM procedures in force (in close collaboration with the maritime surveyors as a precautionary measure and with the lawyers in case of litigation),
- Receipt of letters of protest, expert reports and defend the interests of the shipping line and the agencies within the EAF cluster,
- Issuing notifications of damages addressed to the concerned third parties in case of damage, shortages, or road accidents,
- Offer help and assistance to the lawyers in the drafting of the Summonses, of the pleading in answers to petition and of the arguments in reply, and more generally in the follow-up of the procedures initiated by or against the Entities,
- Processing of SSC pre claims, including the provision of “Discharge tally sheets”, “Vessel protest letters” (if any), Commercial Invoices, Packing Lists, “Container Damage reports”, etc.
- Assistance in obtaining “Data Loggers” and answering all questions related to claims with the provision of all elements likely to exclude or reduce the liability of CMA CGM Entities.
Management of insurance and indemnification
- Negotiation, management, and follow-up of insurance contracts with insurance companies and brokers with active involvement of Insurance team in Marseille,
- Management of vehicle fleet coverage, civil liability Insurance, global damage Policies. In case of damage, informing Insurers and Brokers within the contractual deadlines,
- Taking precautionary measures and commissioning experts to protect CMA CGM’s interests,
- Preparation and follow-up of claims with the Insurers, upon presentation of expert reports and commercial invoices, until compensation is obtained from the Insurer.
Human Resources and Social legislation
- Management of issues related to labor law and Social Security,
- Drafting of employment contracts, in particular permanent contracts, fixed-term contracts, internship contracts, trial contracts and management of labor disputes,
- Drafting of Internal Regulations within the Cluster.
Editorial rights and follow-up of contracts law
- Drafting and keeping track contracts and contractual documents related to the activity of the Entities, and to negotiate the terms and legal modalities, including but not limited to:
- Key contracts of Container transport,
- Service contracts, including IT and security,
- Drafting of real estate contracts: commercial leases, and lease contracts for residential use of CMA CGM expatriates.
- Assist or provide legal advice and opinions in all major negotiations and transactions that may impact all Entities of the Cluster,
- Manage any litigation that may occur from the contracts,
- Drafting and validation of legal documents,
- Beyond materiality threshold defined by the Group Legal Department, the Procurement Department will need to step in for validation.
Corporate law, notarial deeds and registrations
- Follow-up and management of the legal affairs of the Cluster Subsidiaries: statutory modifications, opening and closing of subsidiaries, formalities, etc.; questions related to Company law applicable in the region,
- Legal support for all corporate law issues: intra-group agreements, regulated agreements, delegation of powers, etc.
- Establishment of corporate governance processes, in compliance with Group procedures,
- Receipt of the minutes of the Board of Directors,
- Reception and follow-up of all decisions taken by the Boards of Directors of the Cluster Subsidiaries,
- Follow-up, management and/or supervision of the realization of all administrative formalities related to the decisions taken by the corporate bodies of the Cluster Subsidiaries, liaise with the Notaries for legal registrations according to the procedures in force in the region,
- Complete the Group Legal Department Corporate database relating to the follow-up and management of the Cluster Subsidiaries and report consequently to the Headquarter.
Support on collection including D&D, containers shell
- Debt recovery and follow-up of claims of various kinds (Issuing reminders towards outstanding receivables) in collaboration with the collection department and third-party collectors,
- Management of the pre-litigation phase with the drafting of claim letters and formal notices,
- Drafting of amicable settlement agreements and follow-up of payment deadlines. Transmission of files to the Bailiffs for the drafting and service of payment orders,
- To provide addresses and contacts of clients for notifications of proceedings and enforcement of court decisions (warrant of attachment, preventive seizure assignment of receivables).
Support and assistance to the Subsidiaries of East African Cluster
- Establishing and reviewing the Cluster agreement between all Subsidiaries within the East African Cluster including remunerations to the mother agency,
- Assist in the negotiation, drafting and conclusion of various contracts (transport contracts, lease contracts for commercial and residential use, contracts for computer services, management, etc.),
- Assistance in the management of transport litigation,
- Assistance in the management of the files entrusted to the Legal Counsel and the management of certain litigation in connection with the Subsidiaries (drafting of reminder letters, formal notices, and official complaint letters),
- Assist or provide legal advice in all major negotiations and transactions involving the Subsidiaries within the EAF Cluster countries, in the course of their business activities.
We are seeking an extraordinary candidate who will help us take the organization to the next levels of impact and scale. Candidates who fit the following criteria are strongly encouraged to apply:
- Minimum of a bachelor’s in laws Degree from a recognized University
- Diploma from the Kenya School of Law
- Must have +5 years’ post admission experience
- Must have experience working in a corporate legal department/ busy law firm handling commercial law
- Advocate of the High Court of Kenya
- Current practicing certificate
- Prior exposure to supporting business operations within East Africa would be useful
- Ability to communicate with senior executives and cross-functional set of colleagues clearly and effectively
- Inherent leadership skills and ability to build effective Legal & Compliance function with limited resources
- Proven ability to build strong and effective relationships with clients and internal business partners
- Pragmatic, solution-driven approach
- Ability to multi-task in a rapidly changing environment and perform under pressure
- High commitment on integrity with the internal fortitude and genuine interest to uphold and enforce CMA CGM standards for the highest ethical conduct amidst all the business pressure.