Legal Counsel

1. POSITION DESCRIPTION

JOB TITLE

Legal Counsel

GRADE

CM

DEPARTMENT

Legal

LOCATION

RO/HO

SUB-DEPARTMENT

TYPE OF POSITION

Full-time

REPORTS TO

Regional Manager- LegalRegional Head-LegalArea Manager Legal

Lead Legal Counsel

REPORTING INTO

NA

1. ROLE PURPOSE & OBJECTIVE

This role is responsible for Initiation and pursuing measures under the provisions of SARFAESI Act.; Drafting Legal Notice/Recall Notice, Notice under Section 138 of Negotiable Instruments Act, Reply Notices/Rejoinders etc.; 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 facilities; Monitoring all cases filed against the Bank and cases filed by the Bank, including cases filed under section 138 of Negotiable Instruments Act and criminal cases; Filing Appeals/Revision/Review, wherever required; Proactively involve in reduction of NPA and enhancing recovery by suggesting and following up legal measures including conducting lok Adalat, initiating procedure under sarfaesi Act and filing suits; Supporting Credit and Collections Team in managing collections and recovery through legal means.

1. SIZE OF THE ROLE

FINANCIAL SIZE

NON-FINANCIAL SIZE

NA

NA

1. KEY DUTIES & RESPONSIBILITIES OF THE ROLE

Business

• Assist various business teams of the Region while rolling out their products in adhering to various state laws and assist Product & Marketing team.

• Ensure provision of legal advice in framing/ review of contracts and agreements relating to the business operations (especially for Admin & Operations Dept.) to protect the bank against any legal exposure and minimize liability.

• Keep a watch on the changes in states laws/Regulations especially relating state stamp act and assess the impact on the Bank and advise the business team accordingly.

• Vetting of Lease Deed/Leave and License agreements for Branches and ATMs and assist in execution of the same. Support in renewal of lease deed pertaining to premises/ATMs.

• Replying to complaints received from stakeholders or notices received from authorities like Tahsildar, District Collector, Enforcement Authorities, Police Dept. etc.

• Advising on settlement of death claims.

• Attending/resolving issues pertaining to Banking Ombudsman.

• Monitoring performance of panel Advocates and act as a facilitator between business verticals and panel Advocates.

• Attend to labor related matters and assist HR in conducting disciplinary proceeding.

• Support the HR Department in all Disciplinary Proceedings, including in drafting of Show Cause Notices, Charge Sheets, Termination Orders etc.

• Appraising Regional Manager - Legal in time bound manner, the changes and developments in local laws affecting functioning of Banks and which will have impact on business.

• Vetting of Title Scrutiny Reports submitted by panel Advocates to ensure that the business necessities of the Bank are accomplished without compromising the statutory requirements. Managing legal issues pertaining to creation/registration of Mortgages, Hypothecation, Pledge etc.

Customer

• Assist the Service Quality cell of the Region in resolving customer complaints.

• Attend courts/Tribunals and other Forums for ensuring speedy disposal of cases filed by various customers against the Bank and or cases filed by the Bank. Prepare/vet plaint/Written statements and other replies/objections on behalf of the Bank

• Identify Advocates as per Bank’s policy and recommend them for empanelment to support various business functions such as MSME/Housing/Vigilance etc.

• Assist Vigilance Dept. in lodging FIRs/complaints before various Authorities and giving legal support in fraud related matters and instances of staff assault.

Internal process

• Assist Branches in resolving legal issues associated with customer on- boarding and loan processing. Adhere to timelines in reviewing and vetting all official communications & documentations such as contracts, agreements and settlements.

• Monitor the timelines of submission of reports/statements to Head Office, Government Authorities etc. in a timely manner.

• Manage database/MIS of all the ongoing proceedings across functions and regions; follow up with concerned business/regional heads for closure; provide advice in course corrections; escalate when required.

1. MINIMUM REQUIREMENTS OF KNOWLEDGE & SKILLS

Educational

Qualifications

• Bachelor’s Degree in law (3 year or 5 year) from a recognized university

Experience

• 2 to 5 years of experience after completion of Degree, having experience in

conducting cases before courts of laws.

Certifications

• NA

Functional Skills

• Should have in-depth understanding of matters related to Retail and wholesale banking, Loan/Credit documentation and Corporate/commercial laws etc.

• Experience in legal matters relating to:

• Banking and Commercial Laws

• Shops and Establishments Act.

• Commercial Contracts

• Stamp Act and Registration Act

• Property Laws

• Working knowledge on Labor enactments preferred

• Proficient in drafting and vetting of legal documents and commercial contracts.

Behavioral Skills

• Ability to address issues during crisis

• Problem solving & critical thinking

• Smooth interaction with delinquent borrowers and Vendors.

• Establish standards of behaviour for others and motivates and empowers individuals.

Competencies

• Execution

• Managing Relationships

• Influencing

• Decision Making

1. KEY INTERACTIONS

INTERNAL

EXTERNAL

• Business and Support function at Corporate and Regional level

• All Statutory, Regulatory Authorities etc.

• Panel Advocates, Legal Experts etc.

• Business Partners, Joint Venture Associates etc.

• Legal Services Authorities, Dispute Resolution Authorities, Mediation Centers attached to Courts etc.

• Other Service Providers

PREPARED BY: Legal Team

DATE: 13-02-2024

REVIEWED BY: SRIKUMAR VADAKE VARIETH

DATE: 14-02-2024

LAST UPDATED BY: TM Team

DATE: 19-02-2025