FINCA: Head of Legal

<h4>POSTE: <strong>Head of Legal</strong></h4>
<strong>ORGANISATION:</strong> FINCA

<strong>CONTEXTE</strong>

RAF: E01/12/2016
Reporting to: CEO with Dotted Line to OGC
Posting Station: Head Office - Kinshasa

The Head of Legal (HL) as the Senior Legal Officer of FINCA RD CONGO, S.A. (Company) will be responsible for all legal matters related to the Company, reporting directly to the Chief Executive Officer and the Office of the General Counsel of FINCA International, Inc. (FINCA).  The HL will provide legal support to the operations of the Company, with special emphasis on the corporate, banking and corporate finance aspects.   In coordination with FINCA’s Office of the General Counsel, the HL will be responsible for reviewing and preparing contracts and other corporate and legal documents, ensuring the analysis of  the tax consequences of the operations and transactions in which the Company participates, ensuring compliance with applicable banking and microfinance legislation and regulation, representing the Company before the regulator, competent courts and other authorities as well as ensuring compliance with labor and employment obligations.  In addition, the HL will be responsible for identifying legal risks associated with the operations of the Company and proposing mechanisms for mitigating such risks.  The HL will operate in accordance with the Protocol of the Office of General Counsel.

<strong>Principales tâches et responsabilités</strong>

Include the following. Other duties may be assigned.
<ol>
<li><strong>Complying with banking and microfinance regulation applicable to the activities and operations of the Company</strong></li>
</ol>
<ul>
<li>Determining the obligations of the Company based on applicable banking and microfinance legislation</li>
<li>Ensuring that the Company’s personnel and officers have all the information necessary for complying with legal obligations provided in banking and microfinance legislation, and proposing policies and actions to accomplish such goals</li>
<li>Identifying legal risks associated with the operations of the Company and proposing mechanisms for mitigating them</li>
<li>Reviewing internal documents and policies to ensure they are drafted in accordance with applicable law</li>
<li>Reviewing and preparing, as necessary, contracts and documentation used by the Company in the business of providing microfinance services to its clients</li>
<li>Assisting in the preparation and drafting of reports and communications to the regulator</li>
<li>Staying abreast of new banking and microfinance legislation and regulations applicable to the Company</li>
</ul>
II.Providing legal support with respect to other areas of the operations of the Company
<ul>
<li>Providing support to the Company to ensure compliance with labor and employment obligations as an employer, including registering with local authorities and entering into employment contracts drafted in accordance with local law and that protect the interests of the Company</li>
<li>Engaging with tax experts as necessary in order to provide advice as to tax liabilities and practices of the Company, including those related to transactions with local and foreign third parties and, in coordination with FINCA’s Office of the General Counsel, and the local tax experts, proposing ways to structure such transactions in order to obtain the best tax treatment available under applicable law</li>
<li>Reviewing and drafting documentation related to the implementation of potential projects by the Company, including grant agreements and partnerships with third parties</li>
<li>Providing legal opinions based on local law regarding various aspects of the operations of the Company</li>
<li>Reviewing and drafting documentation and contracts related to the day-to-day activities of the Company, especially as to documents for loans to the Company’s clients but also including other documents such as leases, sales and services agreements, ensuring that the documentation protects the Company’s interests and complies with applicable law.</li>
<li>Providing legal assistance for the protection of the FINCA trademarks in the Democratic Republic of Congo</li>
<li>Staying abreast of the laws and regulations applicable to the Company</li>
<li>Assisting in the process of legalization and authentication of documents prepared or to be used abroad</li>
<li><strong>Representing the Company before courts and administrative agencies</strong></li>
<li>Coordinating and overseeing the representation of the Company before local authorities and courts, as required</li>
<li>Maintaining resources and overseeing collection litigation and fraud prosecution, in keeping with FINCA practices and policies</li>
<li>Coordinating and overseeing the pursuit of claims by the Company as applicable, and defending the Company against claims by third parties</li>
</ul>
<ol>
<li><strong> Implementing and supporting good corporate governance</strong></li>
</ol>
<ul>
<li>Attends all meetings of the Board of Directors and Committees</li>
<li>Assists with scheduling of meetings to ensure compliance with applicable requirements and to ensure that all decisions are adopted in a timely manner and by the appropriate corporate body</li>
<li>Assists with preparation of the agenda for Board and Committee meetings</li>
<li>Sends meeting notices to all members of the Board and all Committee members from the time of official appointment according to local regulation and up until official removal is recognized by local regulation and a letter of removal has been issued by the Company Secretary;</li>
<li>Provides guidance to the Management Team in the preparation of materials for each meeting</li>
<li>Records attendance at all Board and Committee meetings and conveys attendance records on a quarterly basis to FINCA Management.</li>
<li>Confirms when quorum requirements are met and that decisions are adopted in accordance with applicable law and the Company’s constituent documents</li>
<li>Takes minutes at Board meetings and applicable Committee meetings</li>
<li>Ensures that appointments and removals of Directors are documented and registered, as required, including issuing formal letters of appointment and removal to the Directors, and sending copies of these to FINCA Management in a timely fashion</li>
<li>Ensures compliance with applicable laws, regulations, FINCA Policy and principles of good corporate governance</li>
<li>Reports and advises on conflicts of interest in accordance with FINCA policies and the Code of Conduct</li>
<li>Advises Directors and Board Officers on their responsibilities, including their fiduciary obligations</li>
<li>Periodically assesses governance practices and recommends ways to improve</li>
<li>Maintains all corporate records and documents all corporate decision-making</li>
</ul>
<ol>
<li><strong>Providing legal assistance to the corporate finance operations and transactions of the Company</strong></li>
</ol>
<ul>
<li>In coordination with FINCA’s Office of the General Counsel and the Capital Markets Group, drafting, preparing and reviewing all legal and corporate documentation required to complete corporate finance transactions with local and foreign lenders</li>
<li>Providing legal opinions relating, among others subjects, to the validity and enforceability of the obligations provided for the documents and financing agreements</li>
</ul>
<ol>
<li><strong>Supporting regional or global projects as a part of the Office of General</strong> Counsel</li>
</ol>
<ul>
<li>Participating in projects as may be required on a regional or global basis</li>
<li>Participating in professional development activities in order to take advantage of the skills and experience of the network of lawyers, and as able, participate in contributing to the development and expertise of other members of the OGC.</li>
</ul>
VII. Organizing and supervising the legal support provided to the Company
<ul>
<li>Assisting FINCA’s Office of the General Counsel in identifying and hiring the services of outside legal counsel, as needed</li>
<li>Organizing and performing training sessions for the staff and management of the Company on relevant legal issues</li>
<li>In coordination with FINCA’s Office of the General Counsel and Human Resources Department, providing legal support to determine the best hiring structure and the types of visas and immigration permits required to allow foreign citizens to provide services to the Company</li>
<li>Providing periodical reports on activities and projects to the Chief Executive Officer and FINCA’s Office of the General Counsel</li>
<li>Coordinating and supervising the work of other attorneys providing legal services to the Company</li>
</ul>
<strong>Customer Service</strong>

The Legal Department provides an institutional framework to minimize the Company’s operational and legal risk. Therefore, the Legal Department shall conduct frequent assessment, within the legal context to: (a) ensure compliance with applicable law, Company policies and legal obligations; (b) ensure the protection of customer information and (c) to improve form loan and other banking agreements in compliance with applicable law

<strong>Supervisory Responsibility</strong>
<ul>
<li>Corporate Legal Counsel</li>
<li>Legal Counsel</li>
</ul>
<strong>PROFIL </strong>

Leading With Integrity
<ul>
<li>Reinforces our values through daily behavior</li>
<li>Holds others accountable to ethical behavior</li>
<li>Encourages full disclosure of mistakes</li>
<li>Confronts unethical behavior quickly</li>
</ul>
<strong> </strong><strong>LIEU: Kinshasa</strong>

<strong>CANDIDATURE </strong>

Applications must include the reference of the offer, a CV (max 2 pages in French), a cover letter (max 1 page), and academic qualifications and must reach FINCA before 15/04/2017 At 12:00 '. Please apply on our recruitment website: <a href="http://www.fincacd.simplicant.com/">www.fincacd.simplicant.com</a&gt; ; Head of Legal

Applications from women are strongly encouraged.