Manager - Legal

1) Proactively engage in reduction of NPA, lessening litigation and enhancing recovery.

2) Advise the RLM, about changes in recovery laws in the concerned area of operation of the resource.

3) Liaise with Courts, Commercial Courts, Arbitration Tribunals, DRTs, Legal Services Authorities, panel Advocates, empanelled Recovery Agents, Consumer Fora etc. and ensure their good relationship with the Bank.

4) Device suitable strategy on case to case basis, for bringing the litigations (filed by the Bank as well as filed against the Bank) to a logical conclusion.

5) Prepare, maintain and periodically update MIS pertaining to litigation portfolio of the concerned Region(s) and area of operation, and apprise the Corporate Legal Department the progress.

6) Apprise the Regional Manager about the progress in recovery through litigation and management of litigation portfolio of the Bank.

7) Maintain the list of litigations, monitor the progress effectively and advise the panel Advocates/stakeholders regarding further steps to be taken in each matter on the immediate next hearing dates.

8) Ensure prompt handling of cases by panel Advocates.

9) Managing on-boarding of Advocates in the panel of Advocates of the Bank for the Region, monitor performance of the panel Advocates and advise the Regional Manager promptly the instances of non-adherence terms and conditions of empanelment by the Advocates.

10) Assist the Region in lodging FIR/complaints before various authorities and give legal support in fraud related matters and instances of staff assault.

11) Monitoring, tracking and updating periodically and maintaining MIS and records related to Notices issued on the Bank by Statutory Authorities, Regulatory Authorities, Customers and Third Parties.

12) Drafting Legal Notice/Recall Notice, Notice under Section 138 of Negotiable Instruments Act, Reply Notices/Rejoinders, Versions/Objections etc.

13) 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.

14) Obtaining copies of Judgments in a timely manner, after disposal of the case, and advise ensure filing Appeals/Revision/Review, wherever required. Also ensuring timely execution of all Decrees.

15) Coordinate with Credit Collections Team in managing collections and recovery through legal means.

16) Support Vigilance department in resolving criminal cases filed by the Bank.

17) Invoking the provisions under SARFAESI Act in time, including taking possession (symbolic/physical) and sale of the secured assets.

18) 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.

19) Assist the business/Credit in registering Mortgages wherever necessary.

20) Vetting of Title Scrutiny Reports (TSR) submitted by panel Advocates to confirm that the TSR satisfies the business requirements of the Bank.

PRIMARY RESPONSIBILITIES

Business:

1) Monitoring and effectively support the Regional Legal Team in regard to litigation portfolio of the Bank.

2) Reducing the number of litigations filed/pursued by the Bank and those litigations against the Bank.

3) Suggesting measures for enhancement of recovery and reduction of NPA for the Region.

4) Taking proactive measures in all litigation matters, to ensure earliest closure as also to bring the opponents for negotiating table. Monitoring timey filing of S. 14 Application, Complaints under S. 138 NI Act and recovery applications ad Suits before appropriate authorities, Tribunal and Court of Law.

Customer:

1) Assist the respective regional legal teams in end to end litigation.

2) Give sound legal advice and recommendations to stakeholders and Management in order to protect the legal interests of the Bank.

3) Communicate/interact with Regulators, Statutory Authorities, Law enforcement Agencies, for resolution of legal issues/ensuring compliance.

4) Assist and co-ordinate with Collections team at regional/ cluster level in executing tasks under SARFAESI, S. 138 NI Act and other miscellaneous litigation.

5) Co-ordinate with the Advocates and Enforcement Agencies in extending support to Authorised Officers/ Signatories under SARFAESI, NI Act and other relevant provisions of law

Internal Process:

1) Adhere to timelines in obtaining maintaining TAT, maintenance/reporting of MIS, submission of periodical Statements to 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) Support the secured lending departments in resolving NPA Accounts through measures taken/ to be taken under the provisions of SARFAESI Act (including managing Enforcement Agencies) and assist the Verticals in other recovery methods.

5) Co-ordinate with Collections and other verticals for possession and taking Legal action. Preparation of MIS and weekly sharing it with the relevant stakeholders in the region and Corporate.

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.

Note: Highlight only the critical baseline responsibilities; and not activities that the role holder might do on an ad-hoc/on-off case

KEY INTERACTIONS (Who does this position interact with on a regular basis to perform this role?)

Internal Interface External Interface

The following Departments at Corporate Office: MSE, Housing, Micro Banking, Rural Banking, Vehicle Personal Loans, and Collections, Risk & Compliance, Finance, Audit, Vigilance, HR, SQ etc. External Legal Consultants, Law firms, Lawyers

Regional Business/Collection Managers and Area Credit Managers/Area Managers Statutory and Regulatory Authorities

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

Service Providers, Recovery Agents, Enforcement Agencies, etc.

Note: Please do not add immediate supervisors/reportees to the list of internal interface

5. PERFORMANCE METRICS

BSC Perspective Key Result Areas Key Performance Index

Financial/Business Bottom-line Economic loss to the Bank due to non-adherence to legal requirement like not taking timely action under SARFAESI Act. Undue delay in obtaining Orders from DM etc. (Target - zero economic loss)

Customer Retention/TAT/ Friendly Approach - Quality of Work

- Intimacy

- Operational Excellence

- Delivery

Internal Process Regulator, District Magistrate/CJM Court and other Forum satisfaction No of instances of non-compliance with legal requirements. (Target - zero instances)

Operational efficiency Percentage of reduction of litigation by the Bank as well as litigation against the Bank. Percentage of adherence to timelines while dealing with cases especially recovery related litigation.

Collection made through various legal tools.

Learning & Performance Capability building Knowledge repository creation.

Performance management Adherence PMS timelines for self.

Note: Each BSC perspective can have multiple KRAs. Each KRA can have multiple KPIs

ROLE REQUIREMENTS

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

Desired Experience 4+ Years. Preference will be given to those who have practised in Courts/Fora/Tribunals as Advocate at least for a period of 1 Year. Should have worked in Legal Departments of a Bank/Financial Institution.

Note: Please add minimum mandatory experience/qualifications required alone

FUNCTIONAL KNOWLEDGE AND SKILLS

(Knowledge and skills needed for satisfactory performance of the job)

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

2) Should have in-depth understanding of matters related to recovery of loans through Courts, SARFAESI action, bankruptcy proceedings, Lok Adalat, proceedings under Section 138 of NI Act.

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

BEHAVIOURAL COMPETENCIES

- Ability to address issues during crisis

- Problem solving & critical thinking

- Negotiation skill

- Smooth interaction with delinquent borrowers and Vendors.

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

Any other additional responsibility could be assigned to the role holder from time to time as a standalone project or regular work. The same would be suitably represented in the primary responsibilities and agreed between the incumbent, Reporting Manager and HR.