Legal Advisor: Recoveries & Insolvency

Legal Advisor:
Recoveries & Insolvency

Location:

Johannesburg, South Africa

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.

• 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 to ensure the 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

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

• Manage a panel of attorneys in terms of giving 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

• Identify loopholes and make recommendations on policies and processes for service delivery
• Monitor and enforce compliance with the policies and procedures and make recommendations in case of non‑compliance

• Functionally manage Specialist Insolvency and Recoveries and Specialist:
  Debt Collection and BIP members in their region
• Monitor and report on recoveries, record keeping and AMS updates for their region
• Align the team with PMS counterparts in their region and ensure cooperative engagement with stakeholders and the panel of attorneys
• Ensure that the team complies with the monthly rotation of all files on the 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

• Proactively build internal relationships with all business units
• Understand operational business needs
• Provide business solutions in area of expertise
• Understand internal client’s areas of operation

• Draft, vet and interpret commercial agreements, including but not limited to loan agreements, suretyships, cessions, mortgage bonds, notarial bonds, settlement agreements, etc.
• Conduct research to build knowledge and apply it to commercial and corporate law
• Apply relevant legislation including the Company Act, National Credit Act, Trust Property Control Act, Insolvency Act, Consumer Protection Act, etc.
• Provide legal advice and draft legal opinions on various issues affecting the Bank’s business
• Compile status reports on recovering matters from time to time

• Four‑year LLB degree or equivalent
• Three years of post‑admission experience

• Financial principles

• Competency in English (Afrikaans an advantage)
• In‑depth knowledge of the Companies Act, NCA, CPA, the Company Act and other relevant legislations