Legal Advisor

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Job Description - Legal Advisor

Job Description

To provide legal solutions to complex legal and business challenges to mitigate against legal risk and partner with the business on the implementation of policies to comply with legal and regulatory requirements and business processes

Provides guidance and management to more junior legal advisors

FNB Commercial is looking for a

Senior Legal Counsel

in its Structured Finance Solutions Legal team to provide legal advice, services and support (as set out in more detail below) to the

Debtor Finance and Selective Invoice Discounting

business units within FNB Commercial.
The successful candidate may also be requested to assist, as and when required, with any other


within other product houses within FNB Commercial, Structured Finance Solutions including Advisory.
The candidate will report directly into the Head of Legal (Structured Finance Solutions) – FNB Commercial or into the Co-Head of Legal – FNB Commercial.
Responsible for

Reviewing, commenting and drafting of documents relating to debtor finance and selective invoice discounting transactions that the bank seeks to enter into, including but not limited to debtor finance agreements,

syndicated lending arrangements , common terms agreements, security sharing agreements, facility letters and security documents.
receiving and reviewing credit limit approvals for Debtor Finance and Selective Invoice Discounting related transactions (or relating to any other product house transaction within Structured Finance Solutions) to ensure that the transaction makes legal sense and to ensure the successful implementation of such transactions from a legal perspective.
providing legal advice and support the Bank’s transactors in relation to a Debtor Finance transaction that the bank is funding or to a Selective Invoice Discounting transaction.
in need, briefing external attorneys on transactions or projects as well as liaising and monitoring with the external attorneys in this regard from approval to deal implementation especially when it comes to syndicated transactions for debtor finance.
projects, research and opinion work on various Legislation such as the New Companies Act No 71 of 2008, as amended as well as applicable relevant Bills etc.
providing input on new products to be launched from a legal perspective within Debtor Finance, Selective Invoice Discounting (or other product houses within FNB Commercial) as well as doing legal risk assessments in this regard as and when applicable.
meeting client expectations with regard to turnaround times.
dealing with any comments received from clients or their attorneys on Bank’s draft funding agreements, common terms agreements, security sharing agreements, facility letters, security documents etc or any reply to any comments made by the Bank in respect of client agreements which are associated to the funding request such as sale of business agreement etc.
close partnering with the business on the implementation of certain necessary measures to comply with legal and regulatory requirements and business processes.
template management for the respective business units, including identifying relevant legislation having an impact on legal agreements.
identify the key legal, commercial and other risks which need to be mitigated in contracts and the ability to mitigate these risks appropriately by drafting watertight clauses in contracts.
understand underlying banking products solutions, operations, processes and business drivers.
find solutions to complex legal problems.
provide consultative support to the business.
conducting research and formulating sound legal opinions.
assist with the assessment and re-formulation of the impact of certain legislation on the business.
arrange and co-ordinate training sessions and compile the contents thereof when deemed necessary.
keep the team adequately updated on changes and trends in law which may affect the business.
collate monthly statistics on documents drafted and vetted as well as queries received.
attend Business ManCo and credit meetings and provide valuable input to stakeholders.
draft and provide input to reports on pertinent risk matters and manage solving those risks.
close proximity to the business is key (deployed model).
Professional Registrations
Admitted as an attorney of the High Court, South Africa
At least 10 years post Articles experience in commercial law and banking and finance work (preferably from a leading law firm or other leading banking institution).
In-depth knowledge and understanding of relevant Legislation, including Protection of Personal Information Act, international papers on Factoring and the Companies Act
Specialist industry expertise, i.e. Contract Drafting, Debtor Finance, Invoice Discounting, Factoring
Strong technical drafting skills
Very good attention to detail and an ability to see the bigger picture
Ability to innovate and collaborate
Has a good understanding of commercial legal terminology and legal principles related to finance and related banking transactions.
Understands the various levels of lending structures such as senior debt and mezzanine funding,
The candidate has had sound exposure and experience to syndicated lending. This is essential.
Ability to run with syndicated lending structures is critical.
Ability to structure, draft and negotiate debtor finance transactions and Selective Invoicing Discounting transactions.
Tax knowledge always an advantage.
Strong technical drafting skills
Very good attention to detail and an ability to see the bigger picture.
Ability to innovate and collaborate.
Ability to work under pressure.
Computer skills are essential.
Perspective: Client Services
Generic (an output or deliverable)
Stakeholder Management – Legal
Cultivate and manage objective working relationships with a variety of stakeholders, including external attorneys, FirstRand Group Legal Services, FNB Legal Services, business and external stakeholders and industry bodies to ensure business is in the position to obtain expert opinion on specialist areas of law.
Service Delivery
Deliver exceptional service that exceeds customers’ expectations through proactive, innovative and appropriate solutions.
Provision of Subject Matter Expertise - Legal
Maintenance of expert knowledge on relevant legislation industry best practices and provision of proactive advice and solutions to relevant stakeholders. Research and provide legal opinion on a variety of issues and new business projects within the business to proactively identify, assess and manage legal risk and mitigate those risks.
Perspective: Process
Generic (an output or deliverable)
Legal Advice Processes
Provide timeous, professional advice and solutions in respect of legal matters to persons within FNB, on request or initiated, resulting in business sustainability and risk mitigation. Maintain a constantly updated 'library' of advice that has been requested and given in FNB, including updates relating to legislation.
Legal Documentation and Contract Review
Draft and review legal agreements and other legal documentation to adequately manage legal risks.
Legal Risk Management Analysis and Advice
Monitor, analyse and evaluate the impact and legal implications of developments in the financial services industry and related areas, including the activities of competitors, and pro-actively recommend effective courses of action so that either a stance may be adopted or potential threats may be averted by FNB.
Legal Risk Management
Identify, report and mitigate legal risk at a product, process and/or channel level within the business unit. Benchmark current practices against the FRB legal risk management framework and adjust practices as and when necessary. Ensure legally compliant best business practices and policies in order to protect the organisation from legal action.
Business Process Integration
Implementation, benchmarking and improving of all business processes in the designated area of


Actively monitor changes in law, regulations, technology and relevant industry practices and ensure appropriate interventions are defined.
Legal Contracts Management
Draft, review / update and re-negotiate legal agreements and other legal documentation to adequately manage legal risks.
Legal Documentation Management
Monitor relevance of legal documentation to ensure consistency across business. Identify risks and within legal standards.
Legal Risk Management Benchmarking and best practice
Benchmark current practices against the group legal risk management framework and adjust practices as and when necessary. Ensures legally compliant best business practices and policies in order to protect the organisation from legal action.
Legal gap analyses
Identify room for improvement or 'loopholes' in the current environment space and provide general legal advice.
Legal Risk Reporting
Identify and communicate current and anticipated Legal issues/risks.

Perspective: People
Generic (an output or deliverable)
Personal Development
Manage personal development to increase own skills and competencies.
Name of Competency
Cuts to the core of issues and applies effective analysis, logic and creativity to identify and implement solutions.

The capacity to create appropriate levels of impact by using verbal and non-verbal communication skills to influence and/or negotiate win-win agreements to proposals, plans or ideas.
Utilises relevant economic, financial and industry data to assess business performance and make recommendations to ensure growth, viability and competitive advantage within sensible risk parameters.
The ability to make firm (and sometimes difficult) decisions fairly and compassionately based on relevant facts, criteria and disciplined, logical thinking.

Provides technical or specialist insights that provide meaningful opportunities for solution-building.
Maintains social, ethical and organisational values, firmly adhering to codes of conduct and ethical principles.
The ability to initiate new and better ways of doing things, using appropriate methods to identify opportunities, devise and implement solutions and measure impact.
The capacity to listen attentively, present information clearly and concisely and respond appropriately to the verbal and written communications of others. This includes the ability to regulate delivery in response to the needs of a target audience.
Accepts change and new ideas and adapts to changing requirements.


The capacity to actively create and support strong co-operative relationships with employees, emphasising collaborative decision-making and teamwork.

Promotes the generation and sharing of knowledge and learning in order to enhance the collective knowledge of the team / organisation.
The ability to draft/write legal documents.
Managing the end-to-end Legal process.
Management of risks associated with contracting, litigation, compliance with key legal protocols.
Job Details

Application Closing Date

All appointments will be made in line with FirstRand Group’s Employment Equity plan. The Bank supports the recruitment and advancement of individuals with disabilities. In order for us to fulfill this purpose, candidates can disclose their disability information on a voluntary basis. The Bank will keep this information confidential unless we are required by law to disclose this information to other parties.

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About Us

Serving retail and commercial customers, FNB is so much more than a bank, offering life and short-term insurance, innovative savings and investment products, and a digital universe of solutions that help customers navigate challenges and opportunities of everyday life. It has a market-leading app and a globally recognised rewards system in eBucks. FNB has won multiple awards, including the Strongest Banking Brand in the World in the Brand Finance Banking 500 2023 report. FNB represents multiple opportunities for you to build an exciting and rewarding career. Especially if you want to change people’s lives, in an authentic, profound and sustainable way.

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