Chief legal counsel (private sector operations)

Position title: Chief legal counsel (private sector operations)
Grade: PL-3
Position N°: 50086909
Reference: ADB/16/064
Publication date: 15/04/2016
Closing date: 06/05/2016
Country: Côte d’Ivoire

Objectives

General Counsel and Legal Services Department: The principal objective of the General Counsel and Legal Services Department (GECL) is to protect the interests of the Bank and to insulate the Bank from legal liability. GECL provides legal support and advice to the Boards of the Bank Group, to the President and Vice-Presidents as well as to the operational, financial and administrative departments of the Bank. GECL ensures that the Bank’s activities and operations are consistent with the constitutive documents and other legal instruments of the Bank, its policies, the norms and principles of international and commercial law and the best practices of international development banking.

Private Sector Operations Division: The main activities of the Private Sector Operations Division of GECL (GECL.2) are to handle private sector and other non-sovereign transactions and support the work of the Bank’s Private Sector Department (OPSM) the Financial Sector Department (OFSD) and the Special Operations Unit (SOU). SOU is responsible for managing problem investments in the Bank’s non-sovereign loan and equity portfolios including: restructuring, rescheduling and workouts of problem investments and distressed asset resolutions. These transactions comprise principally non-sovereign loans, guarantees, project finance transactions, syndicated loans, private equity and trade finance, amongst others.

Duties and responsibilities

Under the direct supervision of the Division Manager, Private Sector Operations (GECL.2), the Chief Legal Counsel will be a team leader in the Division and will assist the Division Manager in coordinating and supervising the work of the Division. He/she may be requested to assume management functions in the absence of the Division Manager. S/he will beprimarily responsible for the following activities in connection with the Bank’s non-sovereign loan and equity portfolios:

Liaise and collaborate with staff in the SOU, OFSD, OPSM, finance and environmental and social complexes to develop practical, innovative and creative restructuring and workout solutions for complex infrastructure projects (including power projects, toll roads, airports, ports, oil & gas, amongst others), and advising on distressed investments and non-performing loans, while ensuring compliance with applicable rules, regulations and Bank policies.
Advising as appropriate, on documentation in connection with any creditors’ rights issues, on any bankruptcy, insolvency and on any potential dispute resolution alternatives that may be required as part of any debt recovery and insolvency proceedings.
Advising on appropriate means for asset resolution including, but not limited to, any asset sales.

Additionally, s/he may also be required to undertake the following activities with regards to the Bank’s general private sector activities:

Conduct legal due diligence on proposed transactions, such as the review of project documents and agreements, constitutive documents of proposed borrowers/investee funds and review of local legal and regulatory requirements.
Liaise and collaborate with staff in the private sector, finance and environmental and social complexes to develop the appropriate terms and conditions of transactions, ensuring compliance with applicable rules, regulations and Bank policies.
Be responsible for drafting and/or reviewing, negotiating and finalizing all relevant legal documentation required for Bank lending.
Participate in project appraisal missions and review project concept notes, project appraisal reports, draft board resolutions and assist in preparing projects for presentation to the Board of Directors.
Provide legal support for the implementation and monitoring of projects/transactions post-financial close including advising on waiver requests, consents and approvals and project work-outs amongst others.
Liaise with co-lenders/investors, partners and external counsel (including preparation of scope of work for external lawyers as appropriate.
Assist the Division Manager in coordination and quality control of the legal services provided by the Division; and
Undertaking such other assignments as required in furtherance of the Department's mandate.

Selection Criteria

Including desirable skills, knowledge and experience

A minimum of a Master’s degree in Law, plus admission to the Bar of (or diploma to practice law in) a member country; or a first university degree plus a relevant combination of academic qualification in Law (e.g. Juris Doctor (JD) plus admission to the Bar of (or diploma to practice law in) a member country of the Bank.
A minimum of seven (7) years of relevant professional experience with an established law firm or an international financial institution, with in-depth experience in major international financial transactions with a specialization in restructuring and workouts, cross-border insolvency and bankruptcy, distressed debt and asset resolution with a focus on infrastructure projects.
Proven competence in international banking and finance, project finance, corporate finance with a specialization in bankruptcy and insolvency law, creditors’ rights issues, disposal of distressed assets, cross-border insolvencies and the negotiation of bankruptcy terms for new loans and inter-creditor agreements, creditor's rights issues that arise during commercial and other transitions.
Excellent negotiation skills and influencing skills and demonstrated ability to work under pressure and deliver within tight deadlines.
Possess a versatile multi-disciplinary skill-set, an ability to work in a multi-cultural environment and effective communication, team building, inter-personal, writing and analytical skills.
Ability to communicate and write effectively in English and/or French. A working knowledge of the other language will be an added advantage; and
IT competence in the use of standard software such as MS Word, Power Point, Excel and Internet Explorer.