Area Manager-Legal (Mortgages)

1. POSITION DESCRIPTION

JOB TITLE

Area Manager-Mortgage and Liabilities)

GRADE

AVP-I

DEPARTMENT

Legal

LOCATION

Regional Office (Bangalore, Noida, Kolkata and Pune)

SUB-DEPARTMENT

TYPE OF POSITION

Full-time

REPORTS TO

Regional Legal Head (South/North/East/West)

REPORTING INTO

NA

1. ROLE PURPOSE & OBJECTIVE

1. Drafting/vetting/review of all kinds of credit documentation for MSE and Housing, including security documents and all transaction documents for various kinds of fund based and non-fund based as well as secured and unsecured facilities.
2. To represent bank before SRO while registration and cancellation of mortgage documents.
3. Vetting of Title Scrutiny Reports (TSR) submitted by panel Advocates to confirm that the TSR satisfies the business requirements of the Bank.
4. Assist the business/Credit in registering Mortgages wherever necessary.
5. Managing legal issues pertaining to creation/registration of Mortgages, Hypothecation, Pledge etc.
6. To prepare and vet underwriting documents for loan creation and security perfection.
7. To empanel requisite number of panel advocates and ensure prompt handling of cases by panel Advocates.
8. Liaise with Courts, Commercial Courts, Arbitration Tribunals, DRTs, Legal Services Authorities, panel Advocates, empaneled Recovery Agents, Consumer Fora etc. and ensure their good relationship with the Bank
9. Track changes relating to Stamp duty payable for the different states in the Region and update the stake holders
10. Track changes in State specific Laws relating to the Region and update the stake holders.
11. Monitor and track cases filed against bank until closure.
12. Furnish advisory to Branch Banking, Service Quality, Admin, Vigilance, HR and other departments.
13. Drafting and vetting of Police complaints, reverts to notices received from Statutory Authorities, replies to be filed in Court of Law, Banking Ombudsman, etc.,
14. To maintain Notice tracker and report them periodically.
15. To conduct Legal Audit for eligible Accounts and report to the concerned stake Holders.
16. To represent on behalf of bank before Court of Law, Statutory Authorities, etc.,
17. To handle any specific issues specially assigned by the Regional Legal Manager.

1. SIZE OF THE ROLE

FINANCIAL SIZE

NON-FINANCIAL SIZE

NA

NA

1. KEY DUTIES & RESPONSIBILITIES OF THE ROLE

Business:

1. To ensure proper execution of loan and security documents at the time of lending by the business and credit teams.
2. To ensure legal reports are furnished on time by external counsels.
3. To co-ordinate with HUB officials and cluster managers on a regular basis.
4. Taking proactive measures in all litigation matters, to ensure earliest closure as also to bring the opponents for negotiating table.

Customer:

1. Assist the respective regional legal teams in end to end management of advisory on lending related security creation and documentation as well as collection and other litigation.
2. Communicate/interact with Regulators, Statutory Authorities, District Magistrates, First Class magistrates, consumer courts, Law enforcement Agencies, for resolution of legal issues/ensuring compliance.
3. Support the secured lending departments during loan documentation and security creation.
4. Co-ordinate with the Advocates and Enforcement Agencies in extending support to Authorised Officers/ Signatories under various provisions of law.

Internal Process:

1. Adhere to timelines in obtaining maintaining TAT, maintenance/reporting of MIS, submission of periodical Statements to Regional/Corporate Legal Department.
2. Monitor the timelines of submission of reports/statements, if any, to Government Authorities and Regulators in a timely manner.
3. Educate the stakeholders on legal aspects.
4. Preparation of MIS and weekly sharing it with the relevant stakeholders in the Region and Corporate.
5. To conduct Legal Audit for eligible Accounts and report to the concerned stake Holders.

Learning & Performance:

1. Maintain a database on Applicable laws pertaining to the area of operation, comprising FAQs, dos & don’ts as a ready reference.
2. Conduct training on relevant laws/acts to stakeholders on a periodic basis.
3. Keeping a track on the latest laws affecting litigation and recovery including SARFAESI (and the relevant decisions) affecting business verticals and proactively advise the business teams about such amendments and its implication.
4. Ensure goal-setting, midyear review and annual appraisal process for self within the specified timelines.
5. Actively coordinate with respective stake holders in case of any big misses/lapses.

1. MINIMUM REQUIREMENTS OF KNOWLEDGE & SKILLS

Educational

Qualifications

• Should be a graduate in Law (5 Year/3 Year) as a regular scholar (Full-Time) from a recognised University.

Experience(Years and Core Experience Type)

• 8 - 14 Years. Preference will be given to those who have practiced in Courts/Fora/Tribunals as Advocate at least for a period of 2 Year. Should have worked in Legal Departments of a Bank/Financial Institution.

Certifications

• NA

Functional Skills

1. Experience in legal matters relating to:

• General and Commercial Laws
• Civil Procedure Code
• Criminal Procedure Code
• Indian Penal Code
• Evidence Act
• Consumer Protection Act
• RDDB & FI Act and Rules
• SARFAESI Act and Rules
• Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions Act
• Commercial Courts Act and Rules
• Insolvency and Bankruptcy Code
• Legal Services Authorities Act
• High Court Civil Procedure Rules
• Arbitration and Conciliation Act
• Negotiable Instruments Act
• Payment and Settlement Systems Act
• Banking Ombudsman Scheme
• Regulatory Guidelines on Recovery/Appointment of Recovery Agents
• Regulatory and Statutory Compliance

1. Should have in-depth understanding of matters related to loan documentation and security creation/perfection.

1. Proficiency in drafting Legal Notices, Plaints, Written Statements, Versions, Replies, Rejoinders and Criminal Complaints.

Behavioral Skills

• Smooth interaction with business/credit teams and Vendors.
• Establish standards of behavior for others and motivate and empower individuals.

Competencies

• Ability to address issues during crisis
• Problem solving & critical thinking
• Negotiation skill

1. KEY INTERACTIONS

INTERNAL

EXTERNAL

• The following Departments at Branch and Corporate Office: MSE, Housing, Micro Banking, Rural Banking, Vehicle Personal Loans, and Collections, Risk & Compliance, Finance, Audit, Vigilance, HR, SQ etc.

• Regional Business/Credit Managers and Area Credit Managers/Area Managers

• Regional and Corporate Legal Team

• External Legal Consultants, Law firms, Lawyers

• Statutory and Regulatory Authorities

• Various Courts of Law, Legal Services Authorities, Office of the Banking Ombudsman

• Service Providers, Recovery Agents, Enforcement Agencies, etc.

PREPARED BY : Raja Rajeshwaran, Rishabh Gupta

DATE : 23rd June 2023

REVIEWED BY : Abhinav Prakash

DATE : 29th Jan 2025

LAST UPDATED BY : TM Team

DATE :