Cluster Manager-Legal - Multiple location

• POSITION DESCRIPTION
  
  

JOB TITLE : Cluster Manager – Legal

GRADE : SM

DEPARTMENT : Legal

LOCATION : Region

SUB-DEPARTMENT : TYPE OF POSITION : Full-time

REPORTS TO : Area Manager - Legal

REPORTING INTO

NA

• ROLE PURPOSE & OBJECTIVE

• Proactively engage in reduction of NPA, lessening litigation and enhancing recovery.
• Coordinate with Credit Collections Team in managing collections and recovery through legal means.
• Assist in invoking the provisions under SARFAESI Act in time, including taking possession (symbolic/physical), sale of secured assets and monitoring the cases across Region .
• Drafting Legal Notice/Recall Notice, Notice under Section 138 of Negotiable Instruments Act, Reply Notices/Rejoinders, Versions/Objections etc.
• Apprise the Regional Legal Manager about the progress in recovery through litigation and management of litigation portfolio of the Bank
• Drafting/vetting/review of all kinds of credit documentation for MSE and Housing, including security documents and all transaction documents for various kinds of fund based and non-fund based as well as secured and unsecured facilities.
• To prepare/vet MoDT for registration.
• To represent bank before SRO while registration and cancellation of mortgage documents.
• To represent bank before SRO during purchase cases and collect OTC documents.
• To collect documents from other financial institutions on behalf of bank in BT cases.
• Vetting of Title Scrutiny Reports (TSR) submitted by panel Advocates to confirm that the TSR satisfies the business requirements of the Bank.
• Assist the business/Credit in registering Mortgages wherever necessary.
• Managing legal issues pertaining to creation/registration of Mortgages, Hypothecation, Pledge etc.
• Ensure prompt handling of cases by panel Advocates.
• Liaise with Courts, Commercial Courts, Arbitration Tribunals, DRTs, Legal Services Authorities, panel Advocates, empaneled Recovery Agents, Consumer Fora etc. and ensure their good relationship with the Bank
• SIZE OF THE ROLE
  
  

FINANCIAL SIZE

NON-FINANCIAL SIZE

• N.A.
• Recovery target of approx. 15 Cr. in secured vertical and unsecured vertical together
• Vetting of all Agreements and notices received in the cluster.
• KEY DUTIES & RESPONSIBILITIES OF THE ROLE
  
  

Business

• Monitoring and effectively support the Regional Legal Team in regard to collections and deploy legal tools for the same.

• Suggesting measures for enhancement of recovery and reduction of NPA for the Region.
• To ensure proper execution of loan and security documents at the time of lending by the business and credit teams.
• To ensure legal reports are furnished on time by external counsels.
• To co-ordinate with HUB officers on a regular basis.
• Taking proactive measures in all litigation matters, to ensure earliest closure as also to bring the opponents for negotiating table. Monitoring timey filing of S. 14 Application, Complaints under S. 138 NI Act and recovery applications ad Suits before appropriate authorities, Tribunal and Court of Law.
  
  

Customer

• Assist the respective regional legal teams in end to end management of advisory on lending related security creation and documentation as well as collection and other litigation.

• Communicate/interact with Regulators, Statutory Authorities, District Magistrates, First Class magistrates, consumer courts, Law enforcement Agencies, for resolution of legal issues/ensuring compliance.
• Assist and co-ordinate with Collections team at regional/ cluster level in executing tasks under SARFAESI, S. 138 NI Act and other miscellaneous litigation.
• Support the secured lending departments during loan documentation and security creation.
• Co-ordinate with the Advocates and Enforcement Agencies in extending support to Authorised Officers/ Signatories under SARFAESI, NI Act and other relevant provisions of law.
  
  

Internal Process

• Adhere to timelines in obtaining maintaining TAT, maintenance/reporting of MIS, submission of periodical Statements to Regional/Corporate Legal Department.

• Monitor the timelines of submission of reports/statements, if any, to Government Authorities and Regulators in a timely manner.
• Educate the stakeholders on legal aspects.
• Support the secured lending departments in resolving NPA Accounts through measures taken/ to be taken under the provisions of SARFAESI Act (including managing Enforcement Agencies) and assist the Verticals in other recovery methods.
• Co-ordinate with Collections and other verticals for possession and taking Legal action. Preparation of MIS and weekly sharing it with the relevant stakeholders in the region and Corporate.
  
  

Learning & Performance

• Maintain a database on Applicable laws pertaining to the area of operation, comprising FAQs, dos & don’ts as a ready reference.

• Conduct training on relevant laws/acts to stakeholders on a periodic basis.
• Keeping a track on the latest laws affecting litigation and recovery including SARFAESI (and the relevant decisions) affecting business verticals and proactively advise the business teams about such amendments and its implication.
• Ensure goal-setting, midyear review and annual appraisal process for self within the specified timelines.
• Actively coordinate with respective stake holders in case of any big misses/lapses.
• MINIMUM REQUIREMENTS OF KNOWLEDGE & SKILLS
  
  

Educational

Qualifications

• Should be a graduate in Law (5 Year/3 Year) as a regular scholar (Full-Time) from a recognized University.
  
  

Experience(Years and Core Experience Type)

• 3 - 8 Years. Preference will be given to those who have practiced in Courts/Fora/Tribunals as Advocate at least for a period of 1 Year. Should have worked in Legal Departments of a Bank/Financial Institution.
  
  

Certifications

• NA
  
  

Functional Skills

• Experience in legal matters relating to:

• General and Commercial Laws
• Civil Procedure Code
• Criminal Procedure Code
• Indian Penal Code
• Evidence Act
• Consumer Protection Act
• RDDB & FI Act and Rules
• SARFAESI Act and Rules
• Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions Act
• Commercial Courts Act and Rules
• Insolvency and Bankruptcy Code
• Legal Services Authorities Act
• High Court Civil Procedure Rules
• Arbitration and Conciliation Act
• Negotiable Instruments Act
• Payment and Settlement Systems Act
• Banking Ombudsman Scheme
• Regulatory Guidelines on Recovery/Appointment of Recovery Agents
• Regulatory and Statutory Compliance
• Should have in-depth understanding of matters related to recovery of loans through Courts, SARFAESI action, bankruptcy proceedings, Lok Adalat, proceedings under Section 138 of NI Act.
• Proficiency in drafting Legal Notices, Plaints, Written Statements, Versions, Replies, Rejoinders and Criminal Complaints.
  
  

Behavioral Skills

• Smooth interaction with delinquent borrowers and Vendors.
• Establish standards of behavior for others and motivate and empower individuals.
  
  

Competencies

• Ability to address issues during crisis
• Problem solving & critical thinking
• Negotiation skill
• KEY INTERACTIONS
  
  

INTERNAL

EXTERNAL

• The following Departments at Branch and Corporate Office: MSE, Housing, Micro Banking, Rural Banking, Vehicle Personal Loans, and Collections, Risk & Compliance, Finance, Audit, Vigilance, HR, SQ etc.
• Regional Business/Collection Managers and Area Credit Managers/Area Managers
• Regional and Corporate Legal Team
• External Legal Consultants, Law firms, Lawyers
• Statutory and Regulatory Authorities
• Various Courts of Law, Legal Services Authorities, Office of the Banking Ombudsman
• Service Providers, Recovery Agents, Enforcement Agencies, etc.
  
  

PREPARED BY: Legal Team

DATE: 13-02-2024

REVIEWED BY: SRIKUMAR VADAKE VARIETH

DATE: 14-02-2024

LAST UPDATED BY: TM Team

DATE: 15-02-2024