Senior Manager, Commercial & Custody Unit at I&M Bank

Job Purpose:

• To ensure that the Bank’s interests are safeguarded and secured from legal and contractual liability in relation to the various forms of transactions and agreements entered into by the Bank, including the preparation and registration of Branch Leases. 
• The role is also involved in conducting legal research and reviewing of existing and new statutes, preparation of reports and advising on the new legal issues arising to ensure statutory and contractual compliance by the Bank. 
• In addition, the role involves custodial duties involving the management of certain custodial tasks where the Bank’s vault is concerned. 

Roles & Responsibilities

Key Responsibilities:

Contract Review, Execution & Maintenance:

• Supervising and Coordination of the due preparation, review of the terms, execution and termination of Contracts in compliance with the Bank’s Contract Management Policy and parameters set under the Drafting Rules and Guidelines. 
• The above contracts include but are not limited to all Commercial contracts and Standard Bank Contracts such as: Non-Disclosure Agreements & Data Processing Agreements.
• All leonine contracts created by I&M Bank Limited that employ standardized, non-negotiated/non-negotiable provisions.
• All Contracts between the Bank and Service Providers or Vendors including but not limited to License Agreements, Maintenance Agreements, Service Level Agreements, etc.
• Support to the Group and other affiliates of the Bank in the preparation, review, execution and termination of contracts and providing the necessary legal advice pertaining to the terms of the contracts. 
• Supervising and Coordination of the due preparation, review, and execution and registration of Leases with respect to premises leased by the Bank, or the Bank’s branches. 
• Supervise and Coordinate the review of ATM Licenses, Bill Boards and Car Parking Licenses. 
• Continuous scrutiny and review of the Bank’s Contract Management Policy in line with new laws and applicable industry practice. 
• Periodic review and update of the Bank’s General Terms and Conditions and all other internal terms and conditions.
• To ensure that (1), (2), (3) and (4) above are carried out in a manner to ensure that the terms within the contracts are in compliance with law, favor the Bank’s interests and minimize or eliminate the Bank’s liability, protect the Bank’s confidential information and are executed and maintained in a manner which will not compromise their admissibility in a court of law or other relevant legal tribunal.
• Ensure that departments within the Bank are aware of and are in compliance with the Bank’s Contract Management Policy and to report to the applicable stakeholders of any incident of non-compliance.
• Maintenance and updating of the unit’s Contract Management Tracker to monitor the process of the review of contracts and the custody of executed contracts.
• Supervision, maintenance and updating of the unit’s registers of contracts and documents executed by the Bank either by the Director’s of the Company or by the appropriate Power of Attorney holders.

Legal Advice & Opinions: 

• Undertake timely and comprehensive review of new laws, changes to existing laws and regulations, rulings and judgements with impact to the Bank’s operations and provide timely advise to branches and the bank departments on the compliance requirements of the new laws and regulations.
• To advise I&M Bank Board, I&M Holding Board, and the Management Committee of all legal related issues and the latest developments in the legal aspect of banking law, practice and case law that may have an impact to the Bank. 
• Preparation and submission of the periodic legal reports to MANCO, BOARDCO AND HOLDCO.
• To provide the daily general legal advice and legal assistance required to all other Bank functionaries, including but not limited to Branches and all Bank Departments. 
• To provide advise to the Bank’s Human Resource on all legal matters affecting staff, including but not limited to, recruitment of staff, conduct of disciplinary matters, changes in law affecting the Bank’s human resource manual and human resource policy and pension matters.
• To provide the necessary legal advice to the relevant stakeholders with respect to new financial and banking products and to inform the relevant stakeholders of any changes in law that affect the Bank’s current financial and banking products. 
• Ensure that all high-risk incidents within the Unit are reported to the relevant stakeholders and committees. 

Custody Service:

Joint Custody of the vault: 

• Supervise, coordinate and ensure cleanliness, proper order and arrangement of physical securities /documents in the securities room by organizing cleaners to carry out the task and conducting spot-checks to ensure that proper order is maintained at all times.
• Supervise and ensure lodgment sheets are properly scrutinized to ensure that details inputted within them are accurate, properly acknowledged and stored in their respective dockets. Ensure the urgent resolution of errors within acknowledgement sheets by persons preparing them. 
• Ensure that there is continuous maintenance of a scan record of all securities held.    
• Supervise and ensure proper maintenance of all executed contracts, securities, registered Power of Attorney, Seals and Registers.
• Ensure the proper and safe management of vault room keys.     
• Ensure that all the security measures with respect to ingress and egress of the vault is done in accordance with the Bank’s policy and all ingress by persons other than custodians is properly recorded.      

Release of securities from the vault:                                                                                                                                                                                                                  

• Ensure that release of Bank Security is done in accordance with the Bank's policy
• Ensure that movement of security documents is properly documented in the Securities Register.

Trademarks:

• Liaise with the relevant department in identifying trademarks to be registered.
• Ensure that the Bank’s trademarks are properly registered. 
• Advising on the relevant classification for each mark to be registered. 
• Maintain custody of Trademarks and maintain report of all trademarks highlighting the expiry date. 

Supervision:

• Delegate assignments to the legal officer in order to achieve quick turnaround time of the Units assignments. 
• Assist the Legal Officer to align individual performance expectations with organizational goals 
• Develop performance goals collaboratively with the Legal Officer. 
• Ensuring that performance goals are current and clearly communicated to the Legal Officer. 
• Providing assistance, guidance, and coaching support as needed to the Legal Officer.

Staff Training:

• Support the planning, organization and conducting of internal and external staff training sessions on legal issues.

Academic Qualifications:

• Bachelor’s degree in Law (LLB) or its equivalent from a recognized institution.
• Masters in Business Administration (MBA) or its equivalent, Masters in Law (LL.M) is an added advantage. 
• A good working knowledge in the following legal areas – Corporate law, Commercial Contracts, IP, Employment, Consumer Protection Law, Contract Law, Banking Laws, guidelines and regulations.  

Professional Qualifications:

• Admitted to the Bar; and
• Advocate of the High Court of Kenya.

Work Experience:

• Minimum 10 years’ experience practicing commercial law and banking law.
• Must have previously worked in a management position for a minimum of 1 year. 

Generic Competencies:

• Ability to write letters, reports and/or perform routine calculations with the competence to explain these verbally; and
• Ability to communicate well with others both inside and outside the company.
• Good management skills

Skills and attributes:

• Strong research skills. 
• Excellent communication and presentation skills.
• Good interpersonal and communication skills.
• Ability to work under pressure.