Legal Advisor: Legal & Compliance South Africa
- CNH Industrial
CNH Industrial is a global capital goods company specializing in equipment and services for Agriculture and Construction. The Company operates commercially through its brand portfolio which includes Case IH, New Holland Agriculture, Steyr, CASE and New Holland Construction Equipment. More information can be found on the corporate website: www.cnhindustrial.com
WHO WE ARE LOOKING FOR:
The Company is looking for a professional, dynamic, knowledgeable, experienced, organized, admin driven and energetic Legal Advisor to assist with the day-to-day functioning within the Legal Department in South Africa. The Legal Advisor position’s main purpose is to support the Legal Manager in handling and administering all legal affairs, corporate governance and compliance matters related to the Company.
YOUR KEY RESPONSIBILITIES:
The successful candidate, according to the specific situation, shall undertake the following activities in coordination with, and under the supervision of the Legal Manager / upon need, the Regional Legal Counsel:
- Being a role model of integrity - this is a core value of our Group;
- Providing telephonic and written legal advice on various legal aspects, including but not limited to disputes, contract law, commercial law, corporate law, distribution law, product warranty and product liability, antitrust law, insolvency law, manufacturer and homologation regulations, labor law, trade finance, debt collection, financial institutions regulations, insurance law etc.;
- Creating, maintaining, and managing appropriate and organized files regarding ongoing legal and corporate matters – both hardcopy and manual versions;
- Drafting, reviewing and preparing corporate documents, minutes of meetings, letters and any related legal documents (e.g. resolutions, delegation of authority, powers of attorney, etc.) and upkeep of relevant registers;
- Drafting, reviewing and negotiating various agreements which includes but not limited to: whole goods, components and spare parts supply agreements; framework supply agreements; OEM supply agreements; dealer / import and distribution agreements; authorized work-shop agreements; non-disclosure and/or confidentiality agreements; consultancy agreements; services agreements; license agreements; consignment agreements; loan agreements; rental agreements, commission agreements; direct sale fee letters; agency agreements; settlement agreements; and other commercial agreements;
- Reviewing various Supplier Applications and make recommendations to mitigate risk to the Company and ensure all documents are compliant with the Company policy;
- Advising on tender participation, reviewing the bid documentation and drafting bid offer and other related documents and certificates as required on a case by case basis;
- Monitoring, reviewing, amending the standard forms of contracts and implementing changes as required by applicable laws and/or internal policies;
- Supporting the various Departments within South Africa in collecting and reviewing corporate documents in order to perform compliance checks and complete and keep updated the contractual documentation.
- Liaise with External Law Firms to manage all external legal matters which may include but not limited to litigation matters, collection matters, Intellectual Property related matters etc.
- Managing internal collections and insolvency related files;
- Assisting in the documentation preparation and review of inter-company transactions;
- Conducting legal research on legal issues and changes in the laws applicable to the Company and formulating opinions;
- Conducting legal training when required to internal staff as may be required or useful;
- In general, advising on legal risks and proposing solutions/alternatives, and act as a point of contact and reference for addressing and clarifying legal issues in the Country, first line of contact with Branches;
- Providing complete and accurate reporting on all corporate and legal matters as from time to time required by internal rules.
- General administrative responsibilities that ensure the smooth running of the Legal Office within South Africa.
YOUR KEY COMPETENCIES AND QUALIFICATIONS:
Minimum Required Education
- Matric/ Grade 12
- LLB Degree from an accredited South African university (or equivalent academic achievement)
- Admitted as Attorney in the High Court of South Africa with practical experience will be beneficial.
- At least five years (as a minimum) of previous, practical legal experience, with experience in several of the above-described substantive areas of law and working references / credentials.
- Previous experience in a law firm and/or in the legal team of a multinational group, with experience in drafting, reviewing, and negotiating numerous types of commercial contracts. Previous experience with multi-country/cross-jurisdictional operations and transactions is a material benefit.
- Fully conversant in English (Mandatory) and Afrikaans.
- Excellent organizational and administrative skills and ability to give attention to detail.
- Excellent written and verbal communication and inter-personal skills.
- Flexibility and ability to work under pressure with tight deadlines, understanding business priorities and needs.
- Hands-on and cross functional working aptitude. Ability to work independently in a dynamic and fast paced environment.
- Strong business acumen and capability of teaming up and interacting with the relevant departments within the CNH Industrial Group both local and international.
- Ability to interact effectively and professionally with all levels of staff, management and third parties (Dealers / Distributors / Suppliers / Customers)
- Strong interpersonal and negotiation skills.
- Well organized and able to manage several projects simultaneously and under pressure.
- Computer literacy (Microsoft Office, Internet & E-mail, Excel, Power Point)