Senior Legal Advisor - Prescient

Purpose of role:

• Our vision is to be our customers' first and most trusted partner and have the ability to provide strategic, operational, customizable, creative, effective and professional legal and risk mitigation to the Prescient Group.
• This role will be responsible for providing advanced or specialist legal technical support primarily to the asset management and stockbroking business in the Group and provide technical support to the Head of Governance in companywide projects, risk management and other initiatives as required.
• The successful candidate will also be responsible for effective management, integration and use of digital platforms and provide administrative and project support within the governance department.

Duties and responsibilities:

Strategic and Operational delivery:

• Providing effective and efficient legal input and guidance to the business, primarily the business of investment management and stockbroking.
• Working proactively with the operational teams of the business to ensure strategy and goals of the business as a client.
• Assisting and working closely with the various operational teams within the business units in achieving common strategy and goals.
• Negotiation and communication with internal and external clients on complex legal issues & quickly handle unanticipated matters or situations.
• Assisting with effective management and implementation of Governance policies and principles for all Prescient Group entities.

Risk Management Support Function:

• Assist the Head of Governance, including the Internal Audit function as and when required/requested, to:
• Develop and or maintain effective risk management controls and systems.
• Assist in rolling out and integrating legal, risk and or internal audit recommendations.
• Assist in training initiatives across the group, both locally and foreign.
• Assist in rolling out and integrating legal, risk and or internal audit recommendations.
• Evaluate and keep existing policies and procedures in line with regulatory changes and requirements and manage the policy register.

Assist and work closely with the Head of Governance to:

• Provide input and assist with oversight to all areas of Risk and Internal Audit across the Prescient Group. Risk management and Internal audit are important control facets that aim to ensure Prescient commercially address uncertainty and maintains a robust control environment.
• Roll out risk management initiatives and identification of types of risks (business, financial, legal, regulatory and security.)
• You will identify potential threats and assist in creating plans to prevent and mitigate problems.
• Ensure effective and proactive legal advice is provided to all internal and external clients and stakeholders.
• Aid where required on projects and or new initiatives.
• Establish excellent client relationships by providing high quality service to all stakeholders.
• Working proactively with the operational teams of the business to ensure strategy and goals of the business as a client.
• Negotiation and communication with internal and external clients on complex legal issues (quickly handle unanticipated counterproposals. Communicating means being able to describe legal risks and implications clearly, and understanding what the business wants and accurately reflecting that in a contract).
• Assisting with effective management and implementation of contract management of all Prescient Group entities.

Regulatory Advisor to the business (general):

• Proactive analysing, advice and guidance to the business and Head of Governance on regulatory legislation applicable to the business, including but not limited to FMA, CISCA, EMIR, MIFID, FAIS, COFi, OTC Derivative Markets, Private Equity, Data Protection.
• Proactive research and communication to the business (where applicable & possible).
• Assisting with analysing corporate policies and practices where needed for adherence to laws and regulations.
• Proactive managing of legal risks and reporting of such risks to the Head of Governance.
• Providing labour law advice and support to the Head of Talent and human resources department on employment related matters from time to time.
• Regulatory Advisor to the Asset Management Business, including but not limited to:
• Legal advice and sign off on transactions and related documentation in respect of inter alia:
• Structured Debt transactions; Common Terms Agreements, Senior Debt Agreements, Mezzanine Debt Agreements, Guarantees, Indemnities, Suretyships, Bonds; Listed debt programme memorandums; and Securitization Structures; and provide sound recommendations regarding structuring of transactions;
• Swaps and Derivative transaction documentation and confirmations, GMRA and SLA documentation.
• General/commercial legal advice and opinions as requested.
• Institutional: Drafting and review of institutional agreements, investment management agreements and third-party administration agreements.
• Transactional: Drafting and reviewing of transactional documents, i.e., Master Broker agreements, ISDA’s, GMLA’s.
• Advising on on-going institutional counterparty requirements.
• Advising on corporate actions and corporate compliance.
• Provide guidance where required on regulatory compliance matters (i.e. investment compliance) as well as relating to investment, master and broker agreements.
• Infrastructure & Credit: Assisting with governance on Infrastructure Debt Fund Trusts.
• Managing external consultants and providers of Infrastructure Debt Fund arrangements and working closely with external attorneys and consultants.
• Managing external attorneys and consultant costs in relation to Infrastructure Debt Fund transactions.
• Working closely with and assisting the Head of Infrastructure as needed.
• Drafting legal opinions as required.
• Provide training to more junior staff in the business and the governance team.
• Regulatory Advisor to the Stockbroking Business, including but not limited to:
• Drafting, vetting, and advising on Broker Agreement.
• Drafting vetting and advising on service providers and suppliers.
• Providing proactive advice and guidance on regulatory compliance applicable to the stockbroking environment.
• Providing proactive assistance and guidance to the COO and Risk and Compliance manager on stockbroking related matters.
• Analysing new legislation and advising the COO and Risk and Compliance manager on corporate policies and practices to ensure adherence.
• Drafting legal opinions.

General responsibilities:

• Assisting the Head of Governance and Operations Specialist in embedding and efficient use of digital platforms.
• Actively managing legal risks in the business and swiftly reporting on these to the Head of Governance.
• Responsible for arranging b-annual written activity reports for the Board Meetings.
• Legal risk management reporting to the Head of Governance and Information Officer where required and appropriate.
• Managing and advising the company on matters such as legal risks, fraud risks, compliance with regulations and data governance.
• Resource to and assist Head of Governance in companywide projects and any other legal matter as required.
• Responsible for monthly written activity reports and face-to-face feedback sessions with COO of PIM and PSEC.
• To be a trusted and reliable partner to the business as a whole, supporting them in a positive, pro-active manner.
• Establish excellent client relationships by providing high quality service to all stakeholders.
• Providing monthly feedback to the Head of Governance on matters to be noted at the Group Operations Exco.

Required experience:

• Admitted Attorney.
• Min of 6 - 8 years’ experience as a legal advisor in the asset management and stockbroking environments, with experience or exposure to the risk and compliance environment.
• Risk management and knowledge of risk assessments and control implementation will be an advantage.
• Strong technical and legislative knowledge, including but not limited to: CISCA, FAIS, Company Act, COFI, Financial Regulations Act, POPIA, GDPR, FMA, EMIR, MIFID, OTC Derivative Markets.
• Technical and legislative knowledge related to the stockbroking and associated Rules and Regulations of the Johannesburg Stock Exchange.

Key competencies:

• Strong ability to work independently under pressure and with appropriate urgency, excellent follow-up habits.
• Strong oral and written communication skills, able to present information in a clear, concise manner.
• Able to build and maintain positive working relationships (internally and externally).
• Proven success at collaborating to resolve issues, improve efficiency, and foster clear communication channels.
• Work style characterized by high level of precision and attention to detail.
• Ability to perform effectively in a fast-paced environment with rapidly changing business priorities.
• Positive team player.
• High levels of integrity and honesty.
• Self-starter / Work with little or no supervision.
• Time Management (to prioritize issues and problems logically) / multitasker.
• Highly methodical.
• Excellent Negotiation skills.
• Discretion, diplomacy and tact.
• Ability to perceive, interpret and translate information (stimuli) in order to competently perform tasks at various levels of complexity with the organization.
• Ability to understand the big picture in which the business is operating, the inter-play between the different components of our specific business. This includes the understanding of commercial and financial principles.