Supervise, guide and coach legal counsels/associate legal counsels in providing the following in-house legal services in managing the Bank’s legal risks and protecting the Bank’s interests:
• provide legal advice on regulatory laws i.e. Financial Services Act 2013 (“FSA”) and Islamic Financial Services Act 2013 (“IFSA”) on banking and Islamic banking on the areas relating to licensing, prudential requirements, Shariah requirements imposed on Islamic financial institutions (IFIs), shareholdings, financial groups, business and market conduct requirements, examination powers, intervention and resolution actions as well as enforcement actions
• draft the relevant primary and secondary legislation issued pursuant to the FSA or IFSA in relation to banking and Islamic banking
• draft and/or review other legal instruments specified or made pursuant to the FSA and IFSA such as discussion papers, exposure drafts, policy documents, specification letters, guidance, enforceable undertakings, agreements, memorandum of understanding, empowerment instruments etc. in relation to banking and Islamic banking
• review the draft enforcement related documents such as show cause notices and final orders to be issued pursuant to the Bank’s enforcement actions under the FSA and IFSA excluding AMP, compound and criminal actions in relation to banking and Islamic banking
• review draft letters to be issued to third parties, in relation to complaints made regarding financial institutions, approval / rejection letters to applications relating to licensing, shareholding or other relevant banking and Islamic banking matters under the FSA and IFSA
• provide legal advice on other laws related to the regulation and supervision of conventional banking institutions and Islamic banking institutions such as the Malaysia Deposit Insurance Corporation Act 2011, Capital Markets and Services Act 2007, Companies Act 2016, Competition Act 2010, Credit Consumer Law, Labuan Financial Services Authority Act 1996, Labuan Financial Services and Securities Act 2010 and Labuan Islamic Financial Services and Securities Act 2010 etc.
• review the Bank’s property management agreements (e.g. tenancy agreements), including variation letters to the agreements etc.
• rovide legal advice on legal issues arising from the Bank’s property management agreement
Participate as a presenter or contributor in the Bank-wide events (e.g. Banking Supervision School), to provide legal awareness or education to stakeholders in areas relating to the legal services provided under the FSA/IFSA i.e. policy document drafting courses and on-call legal clinics.
Responsibilities
PRINCIPAL ACCOUNTABILITIES
Assist the Bank in managing its legal risks and protect the Bank’s interests by: (i) leading, guiding and coaching Legal Counsels and Associate Legal Counsels (“team members’); or (ii) collaborating with colleagues in JUN in providing the following services to the relevant line departments: - Provision of quality, timely, practical and value-added legal opinions on matters relating to licensing, prudential requirements, Shariah requirements imposed on Islamic financial institutions (IFIs), shareholdings, financial groups, business and market conduct requirements, examination powers, intervention and resolution actions as well as enforcement actions under the FSA and IFSA in relation to banking and Islamic banking; - Drafting of clear and precise primary and subsidiary legislation that accurately reflect the Bank’s policies and requirements in relation to banking and Islamic banking ; - Drafting and vetting of other legal instruments such as discussion papers, exposure drafts, policy documents, specification letters, guidance, enforceable undertakings, agreements, memorandum of understanding, empowerment instruments etc. that reflect the Bank’s policies and requirements, and facilitate in achieving the intended regulatory outcome in relation to banking and Islamic banking; and - Effective participation in taskforce, project of the Bank committees of the Bank or external committees as well as meetings or as a project lead of departmental projects handled by JUN in relation to banking and Islamic banking.
Undertake or lead, guide, coach and supervise team members in promoting legal awareness among client departments.
Liaise with, collaborate and manage internal and external stakeholders such as ministries, Attorney-General’s Chambers, Treasury Solicitor’s Office, Malaysia Deposit Insurance Corporation, Securities Commission Malaysia, Consumer Credit Oversight Board Task Force, Malaysian Bar Council, other Government agencies, external legal firms appointed by the Bank etc.
Assist the Deputy General Counsel in coaching, developing and empowering and be a point of reference to team members, others in JUN as well as client departments in relation to matters that fall within the responsibility and accountability of the Financial Stability Team.
Assist or advise the Deputy General Counsel (and JUN, where relevant and necessary) in relation to allocation of sufficient resources within the Financial Stability Team, equitable and fair distribution of work among team members, resolution of conflict and progressive enhancement of technical and leadership competencies of team members in meeting JUN’s and the Bank’s needs and mandates
Qualifications
Academic Qualifications: Bachelor of Laws. Masters degree or PhD in legal field related to the role is an added advantage.
Experience: Minimum of 6 years working experience in rendering legal services in any of the following capacity: - in-house legal counsel in a statutory body, financial institution or other corporate entity; - legal practitioner in the Judicial and Legal Service; or - private legal practitioner.
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