COMPANY OVERVIEW

Headquartered in Tokyo, SMBC is one of the largest Japanese banks by assets (with over 238,700 billion in total assets), with strong credit ratings across the globe. The bank offers personal, corporate and investment banking services to their customer network that extends across 39 countries and regions, 15 of which are in Asia. The Asia-Pacific regional headquarter, established in 2008, is based in Singapore. The bank’s presence in India was established in New Delhi in December 2012, in Mumbai in March 2017 and Chennai in November 2020. In India, SMBC concentrates on Wholesale Banking with a strong client base and coverage of global and local conglomerates and corporates. Its strong financials and worldwide operations provide clients with global solutions that makes SMBC the leading choice for businesses expanding around the globe, particularly in Asia.

OUR VALUES

Integrity | Customer First | Proactive & Innovative | Speed & Quality | Team“SMBC Group”

URL: www.smbc.co.jp/global/ and www.smbc.co.jp/asia/

PURPOSE OF THE POSITION:
• Responsible for handling all the legal issues of and to assist for overall Legal function of SMBC, India.
• Assist in protecting SMBC India's legal interest

JOB RESPONSIBILTIES:

1. Corporate Banking
• Drafting and standardizing the loan documents/legal documents for the Bank, including ECBs.
• Vetting of non-standard loan documents//legal documents for the Bank.
• Negotiate the legal terms with the customers/Borrowers.
• Reviewing execution of the loan documents.
• Drafting and vetting of transactional agreement such as ESCROW
• Agreement etc.
• Drafting and vetting the replies to the notices received from Law enforcement agencies, Advocates etc.

2. Trade Finance
• Vetting text of Bank Guarantees, Counter Guarantee, Letter of Credit and Stand by Letter of Credit at the time of issue.
• Assisting in interpretation of revocation letter/claim letter received from the beneficiary.
• Support Import and Export transactions from legal and compliance point of view.
• Assisting in interpretation of various rules and regulations related to Trade Finance (e.g FEMA regulations, RBI regulations and International
• Chamber of Commerce)

3. Treasury and Derivatives
• Vetting and Drafting text of ISDA Schedule, Risk Disclosure Statements and Board Resolutions etc.
• Negotiate the legal terms with the Counter Parties.
• Assisting in interpretation of various rules and regulations related to Derivative and Forex issued by Reserve Bank of India or any other regulator.

4. Research and Opinion work
• Advising branch staff related to various laws and regulations such as Company Law, Banking Law, Arbitration Act, FEMA Rules and Regulations, Insolvency and Bankruptcy Law, Prevention of Money Laundering Act/ Rules etc.
• Advising on customer's queries related to interpretation of legal provisions.
• Advising branch staff related to interpretation of the regulations framed by local regulator i.e. Reserve Bank of India related to Interbank Dealing, Export and Import, Domestic and Overseas Remittances, Bank Guarantee and Co acceptance, Know Your Customer, Foreign Direct Investment etc.

5. New Product roll outs
• Inputs & sign off in New Product roll outs from Legal & Compliance perspective.

6. Vendor Management
• Drafting and Vetting of Vendor agreement for Information Technology Department, Human Resource Department, General Affairs Department, Finance Department etc.
• Drafting and Vetting of undertakings etc

7. Premises and Vehicle Lease
• Drafting and Vetting of Lease Deeds, Leave and License Agreements, letter of Intent, Premises Handover letters, Lease Termination letter etc. for branch premises as well as for Expatriate staff.
• Examination of Title Search Document (property related title documents of owner).
• Drafting and Vetting of Vehicle lease for bank staff

8. Policy and Procedure of the Branch
• Review of various policies and procedures including Know your Customer and Anti Money Laundering, Compliance Manual and Whistle Blower policy etc. in the ambit of local as well as overseas rules and regulation.
• Review of memos and addendums as and when required.
• Review of polices and procedures related to various departments such as Information Technology Department, Human Resource Department, General Affairs Department, Finance Department, Operations Department, Treasury Department, Treasury Back Office etc. with in the ambit of local as well as overseas rules and regulation. Review of memos and addendums as and when required.

9. Handling Court Cases and briefing to Senior Counsels
• Manage empanelment of Law firms/Legal counsels and Legal retainers.
• Make reference and obtain Legal opinion from External Legal Counsels on important issues.
• Represent the Bank in all Legal, Judicial, Quasi-Judicial Forums.
• Management of litigation including the briefing of the Counsels, finalize the Bank's response, affidavits and/or petition on behalf of the Bank and reporting of the same to Local Management and Legal & Compliance Group at APD.

KNOWLEDGE, SKILLS, EXPERIENCE & QUALIFICATION:
• Education & Qualifications - minimum B.A, LLB
• Around 10 years of experience
• Previous experience with a bank, in legal dept. or a law firm.
• Should have a good understanding of the financial products (including treasury products)
• offered by banks and the legal and regulatory issues around these products.