Counsel - Marketing and Commercial _SAM at British American Tobacco

Job description

The role will provide legal advisory and transactional support to business managers and local LEX teams in SAM. It will give effective input into the areas of marketing and trade, corporate governance and compliance, tax and fiscal model support across all SAM markets. This role will (i) interpret and advise the SAM marketing function on legal and regulatory matters and (ii) provide advice on corporate structures, drafting legal documentation, preparing internal approvals notes, reviewing draft legal documentation provided and project management activities as appropriate across the SAM markets. The role will interpret and advise business managers on general legal matters and manage SAM markets’ exposure to liabilities and damages through their relationships with third parties. Additionally, the role delivers strategic leadership input to the SAM business as a whole as part of LEX senior management in SAA and helps develop pro-active strategies for the defence of SAM markets against potential commercial and compliance related legal challenges.

Principal Accountabilities

• Marketing and Trade -SAM Markets
• Responsibility for delivering legal advisory service and transaction support to business managers in the SAM Marketing Function and across the SAM business. Serve as legal business partner to SAM Marketing.
• Support the drafting or perusal of all general commercial and marketing related agreements and other pertinent legal documents within the area of responsibility.
• Advise within the area of responsibility on how the SAM markets can mitigate the risk of legal liability.
• Advise on and ensure legal compliance of Marketing and Regulatory projects and serve on such project teams when required to do so.
• Support the handling of general and regulatory litigation within the area of responsibility as it may arise.
• Monitor the impact new legislation may have on the marketing strategic activities and communicate the impact effectively to the relevant business units.
• Approve all marketing material and campaigns for legal compliance.
• Advise and support External Affairs on government engagement and submission on tobacco specific regulatory matters within the area of responsibility.
• Corporate Governance, Finance and HR SAM Markets
• Lead counsel and primary business partner to SAM Finance and HR .
• Lead and drive corporate governance and compliance strategy.
• Lead and drive compliance with Group standards of business conduct.
• Liaison with Group Company Secretary’s office to ensure compliance with Group Delegated Authorities.
• Advise the SAM leadership team on and be actively involved in changes or proposed changes in the corporate structure of the group.
• Provide support and assistance on UK corporate law matters underpinning Group tax initiatives/proposals (e.g. cross border restructurings, reorganisations, liquidations).
• General counselling of recharge arrangements to and from UK group entities including drafting supporting documentation/dealing with compliance issues.
• Ownership and maintenance of database of existing contracts, support of overseas registrations, renewals, renegotiations.
• Advise SAM Leadership Team of areas of responsibility on a pro-active basis and at a strategic level of legal matters affecting them.
• Responsibility for ensuring the drafting or perusal of all general commercial agreements SAM Markets may wish to enter into with third parties.
• Provide strategic and operational leadership to the SAM legal team to maintain its status as a legal resource with the ability to understand cross-functional requirements and dispense appropriate advice timeously.
• Assist cross-functionally within the area of responsibility with the interpretation of relevant legislation including, company law, employment law, environmental health and safety to drive compliance throughout SAM markets.
• Assist the SAM financial department with the collection of debt and related legal matters.
• Support general commercial and employment law litigation within the area of responsibility as it may arise.
• Monitor the impact new legislation may have on the company and communicate the impact effectively to the relevant business units.
• The position is responsible for advice on company law and development in Corporate Governance with a specific focus on directors’ fiduciary duties and liability issues.
• Responsible for managing external counsel across SAM markets to ensure effective provision of legal services

Knowledge/Qualifications

• Applicable first and/or second legal degrees (e.g. preferably B.Com Law/BA Law plus LLB / LLB )
• Admitted Attorney or Advocate
• A thorough knowledge of South African law and common law jurisprudence is required.
• A working knowledge of the regulatory environment (specific focus on Corporate Governance, Tobacco Control legislation, Competition law, Consumer Protection and Advertising and Marketing law) in SAM Markets.
• At least 5 years’ post qualification experience (PQE) in a corporate law or regulatory and trade law practice gained in a reputable law firm or in an in-house corporate environment.