Legal Advisor: Recoveries & Insolvency at Land Bank Careers

MAIN PURPOSE OF THE JOB

• To provide legal advice, legal opinions and solutions to business units and branches. To support GM: Insolvencies & Recoveries in monitoring performance of Specialist Insolvency & Recoveries and Specialist: Debt Collection & BIP by ensuring reports, record keeping and AMS are up to date. To manage legal risks of the bank. To manage the legal recoveries process as well as external service providers performance. To draft and vet various types of agreements pertaining to the legal recovery process. 

Key Performance Areas    
Management of legal recovery process

• Responsible to manage legal recovery process within area of allocated responsibility
• Acts on instruction from the business to commence with legal action
• Assesses the recoverability of the debt and makes recommendations on the action to be taken and ensure best possible legal solution.
• Collate and analyse all relevant information in relation to the account including security information received from the business
• Issue a Letter of Demand as and when is required
• Appoint an external attorney to proceed with summons
• Review summons/pleadings and ensure that the Bank's claim is adequately dealt with in the court papers
• Manage the recovery process as guided by the High Court and Magistrate Court Rules and in accordance to the Legal Accounts Tracking System
• Compile reports on recoveries to management for presentation to various forums
• Interact with portfolio monitoring department as and when required.

Monitoring compliance with Land Bank Act and other applicable legislation

• Monitor compliance with Land Bank Act and other legislations that may affect the Bank and recommend solutions
• Proactive awareness of new legislation and that may impact the Bank’s business and provide advise

 Management of external Service Providers

• Management of panel of attorneys in terms of giving them instructions and subsequent communication
• Manage delivery of outsourced work and ensure compliance with SLA
• Evaluate attorneys performance and make the required recommendations
• Ensure protection of Bank interest in vetting Attorneys statements of accounts, to ensure that their tariff is in accordance with the prescribed fee arrangement, as set out in the SLA.
• Oversee and manage general administration of the system.

Review and Development of Policies and Procedures

• Identify loopholes and make recommendations on policies and processes for service delivery
• Monitoring and compliance to the policies and procedures and making recommendations in case of non-compliance.

Manage functional reporting of the Specialist Insolvency and Recoveries and Specialist: Debt Collection and BIP

• Functionally manage the Specialist Insolvency and Recoveries and Specialist: Debt Collection and BIP members in their region
• Monitor and report on recoveries, records keeping and AMS updates for their region
• Aligning team with PMS counterparts in their Region and ensuring co-operative engagement with stakeholders and panel of attorneys
• Ensuring that team complies with monthly rotation of all files on AMS diary system
• Support Specialist Insolvency and Recoveries and Specialist: Debt Collection and BIP members in their region with legal advice, functional management and decision making

Manage Stakeholder relationship

• Proactive building of internal relationships with all business units
• Understanding operational business needs
• Providing business solutions in area of expertise
• Understanding internal client’s areas of operation
• Proactively building relationships with attorneys/advocates/bank clients, etc.
• Build good working relationship with the team

Drafting and vetting of legal documents and general legal advice

• Drafting/vetting and interpreting commercial agreements, including but not limited to Loan Agreements, Suretyships, Cessions, Mortgage Bonds, Notarial Bonds, settlement agreements, etc.
• Attend to do research to build
• Knowledge, interpretation and application of Commercial and Corporate Law.
• Knowledge, interpretation, and application of relevant legislation including, Land Bank Act, National Credit Act, Trust Property Control Act, Insolvency Act, the Consumer Protection Act, etc.
• Provide legal advice and the drafting of legal opinions on various issues affecting the business of the Bank.
• Compile status reports on recovering matter from time to tim

Preferred Minimum Education and Experience    

• 4 years LLB Degree or equivalent
• 3 years Post admission experience as an attorney experience

Critical Competencies    

• Financial Principles

Additional Requirements    

• Extended hours as and when required
• Travel as and when required