JOB PURPOSE:
To lead the legal & Compliance department, covering both corporate and project legal, and to take the responsibility for the legal affairs of the entire corporation.
To Lead the provision of advice and guidance on legal and policy matters and provide strategic legal advice to the senior management on business issues to promote and protect the company’s matters.
Strategy and Plans
▪ In conjunction with, and as required by the CEO, contribute to the formulation, implementation, and delivery of the Group’s strategy in line with the company’s vision, mission, values, and priorities.
▪ Translate the strategy into operational business plans for the short, medium, and long term for the Legal function and ensure that performance is monitored, reported, and delivered and necessary actions are taken to achieve the strategy and plans.
▪ Monitor the performance of the Projects & Corporate Legal function and prepare periodic reports on its overall performance, to ensure deviations from performance targets are identified and reported in a timely manner, and that actions are adjusted to achieve set annual action plans.
Corporate legal
▪ Fulfill General Counsel function for corporate matters (contracts, permits, transactions, …) working closely with the head of corporate legal department.
▪ Ensure that the company operates in compliance with applicable laws and regulations
▪ Manage arbitration and litigation for corporate matters
▪ Select and liaise with external law firms for corporate matters and oversee their work
▪ Ensure legal document management for all matters (contractual, financial, constitutional).
Project legal
▪ Oversee the projects legal function that drafts a reviews contracts with 3rd parties involved in projects (PPA, lenders, …) during the bidding phase in close coordination with the BD BU
▪ Approve and oversee the selection of external law firms and counsel for project matters during bidding phase and oversee their work.
▪ Provide legal support to Project Companies during the construction and O&M phases
▪ Contracts: interpretation, detailing, re-negotiation, etc. as required
▪ Disputes: reconciliation, settlement, etc. as required
▪ Ensure project legal risks and issues are identified and resolved by the team early on and provide inputs on and raise critical risks to the senior management, to ensure they are aware of its impact.
▪ Provide weekly functional reports on the Project Legal function to the senior management, in order to ensure the management is aware of the progress of relevant activities.
Compliance
• Establish compliance policies, procedures and methods
• Identify high-risk regulations (labor law, electricity law, listing, …) and contractual obligations (shareholder agreements, …) to be included in the compliance register and assign ownership
• Set up and organize the “compliance champions” network, and manage the relationship between corporate Compliance and the “compliance champions” and teams
• Enable staff to be compliant (training, self-assessment, corrective actions, …) and assess staff compliance with regulations and obligations
• Liaise with BD (e.g. ensure inclusion of compliance clause in contracts)
• Liaise with Risk Management to identify regulatory risks for mitigation by Compliance
• Enable Internal Audit to fulfill its assurance role
• Conduct due diligence for vetting of high-risk third parties (customers, suppliers, EPCs, sub-contractors, …) related to conflicts of interest and propriety (blacklists, sanctions, ..) prior to agreements or transactions established with other functions (contracts by Legal, payments by Finance, …)
• Support the Board Risk & Compliance Committee (BRCC)
Report periodically to the MC and Board (compliance dashboard).
Leadership & Team management
▪ Deploy the resources in line with the strategy, priorities and needs of company
▪ Deliver effective services to the organization to ensure its performance, resilience and competitiveness
▪ Optimize the distribution of support tasks to the various hierarchical levels (centralization vs. decentralization) in view of realizing economies of scale, achieving critical mass, avoiding duplication, ensuring coordination yet without losing responsiveness to local needs
▪ Oversee and monitor costs and budget and assume performance responsibility as measured through KPIs (service levels, cost-to-serve, …)
▪ Define and implement continuous improvement programs (through learning, benchmarking, staff development, …) in order to improve service quality, efficiency, effectiveness
▪ Develop the organizational structure in line with company’s guidelines clearly indicating reporting lines of the key staff and ensuring the structure is fit-for-purpose
▪ Lead and supervise the direct reports and functional department heads: nomination, objective setting, performance management, development and motivation, feedback and appraisal, …
▪ Build an environment for coaching and mentoring to the pool of lawyers
▪ Act as a role model for the company culture and values
▪ Hire and direct staff to acquire the necessary resources to meet scheduled commitments
▪ Ensure developments and growth opportunities for the team i.e. vertical / horizontal career progression.
Member of the Management Committee
• Represent the legal function in the company Management Committee
• Engage and participate fully in the management of the Company as a member of the Management Committee, thereby acting in the company’s global interest
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