Legal Recoveries Consultant at O'Brien Recruitment

Job description

An international specialist banking & asset management group based in Cape Town is seeking an Admitted Attorney who has dealt with property/Insolvency. In depth knowledge of the National Credit Act, Companies Act 71 of 2008 & Insolvency Act 24 of 1936 essential. Insolvency Diploma(or required to obtain one) 2 years post-article litigation exp.

• Contacting and meeting with Private Bank clients and consultants in respect of arrears for lending and private bank account, disputes between shareholders and breach of terms and conditions of loan documentation
• Concluding payment arrangement, settlement agreements and engaging in negotiations with Private Bank Clients
• Instructing external attorneys to enforce our legal rights, management and monitoring of the ongoing legal matter and liaising between the external attorneys, our clients and internal bank officials
• Advising on all legal issues pertaining to the enforcement of our loan documentation, realization of security, shareholder disputes, legal authority to act and potential risk to security for our loans
• Realization of security for Property Finance and high value loans through an internal process and/or legal process, including perfection of GNB’s, execution of mortgage bonds, marketing and sale of all security like shares, property and equipment
• Advising on the rights of the lender in respect of the finance, restructure and further advance of funds for a property development, a building draws pre-sales and liens
• Assisting in the restructure of distressed debt in respect of Property Finance and high value loans
• Assess, monitor and report on breach of security for Property Finance and high value loans
• Assess, monitor and report on the movement of defaults and impairments in respect of Property Finance and high value loans
• Liaising with liquidators on liquidations and sequestrations, including providing information, reviewing accounts, lodging claims, agreeing conditions of sale, requisitioning auctioneers where necessary, etc.
• Managing business rescue proceedings, including attending business rescue meetings, joining creditors’ committees, drafting business rescue plans and implementation of business rescue plans
• Drafting credit minutes,
• Drafting legal documentation including but not limited to post commencement finance agreements, special power of attorneys, business rescue plans, loan documentation, security documentation, mandates
• Restructuring distressed facilities and advising on the impact of legal process and status on the restructure of the distressed facility and enforceability of security

MINIMUM REQUIREMENTS:

• An admitted attorney
• Knowledge of Insolvency Law
• Previous litigation experience (4 years post-articles litigation experience preferable) and/or experience as legal advisor to property developer
• In depth knowledge of the National Credit Act
• In depth knowledge of the Companies Act 71 of 2008
• In depth knowledge of the Insolvency Act 24 of 1936
• Knowledge of Business Rescue

PREFERRED/ ADVANTAGE SKILLS:

• Good attention to detail
• Ability to assess risk and prioritise accordingly
• Sense of commerciality
• Computer literate: MS Excel and MS Word
• Excellent interpersonal and communication skills
• Problem solving
• Applying knowledge of the relevant legislation with commerciality
• Energetic
• Ability to work independently but also as part of a team
• Self-motivated
• Diligent
• Ownership
• Excellent negotiating skills
• Lateral thinker with insight into commercial transactions
• Have initiative
• Highly organised, ability to prioritise and multitask
• Ability to deal with pressure
• Deadline conscious