Legal Counsel & Corporate Secretary, FINCA Tajikistan
FINCA’s network of 20 community-based microfinance institutions and banks use fintech to expand financial inclusion, offering innovative, responsible and impactful financial services to low-income clients.
FINCA Tajikistan was founded in 2003 as a non-profit organization devoted to expanding financial inclusion to low-income entrepreneurs. Operated by a team of dedicated employees, FINCA Tajikistan first specialized in providing agricultural loans to rural borrowers. Since then, the microfinance institution has continued to develop innovative financial products and services while delivering a double bottom line of profitability and positive social impact. The institution now serves Dushanbe as well as the northern and southern regions of the country.
FINCA Tajikistan has become a leader in the microfinance sector in Tajikistan by fulfilling the FINCA Impact Finance purpose of being an unconventional, community-based financial institution that profitably and responsibly provides innovative and impactful financial services to enable low-
Income individuals and communities to invest in their futures.
The Legal Counsel and Corporate Secretary is the senior legal officer of FINCA Tajikistan and is responsible for providing comprehensive legal and strategic advice to FINCA Tajikistan, including Management and Board of Directors, and managing the overall legal risk of the Company. The Legal Counsel is a member of the FINCA Tajikistan’s Management Board and, as such, participates in all discussion and decisions made by such body, providing leadership to the Company. The Legal Counsel and Corporate Secretary has a dual role consisting of (i) having primary responsibility for the Company-wide legal function as head of the legal department and member of the Management Board, and (ii) being responsible for the corporate governance of FINCA Tajikistan as Corporate Secretary. The Legal Counsel and Corporate Secretary is responsible for overseeing all law-related areas of the operations of the Company, with a focus on banking and financial regulatory matters, legal compliance, development of policies, employment and labor, litigation and contracts. The Legal Counsel and Corporate Secretary is responsible for identifying legal risks associated with the operations of the Company and proposing mechanisms for mitigating such risks. In collaboration with all senior management of FINCA Tajikistan, the Legal Counsel and Corporate Secretary must ensure that a culture of integrity and transparency is developed and maintained in the organization, overseeing the implementation of and compliance with policies and laws, including FINCA’s Code of Conduct. The Legal Counsel and Corporate Secretary reports directly to the Chief Executive Officer of FINCA Tajikistan and the FIF General Counsel (and his designees).
ESSENTIAL DUTIES AND RESPONSIBILITIES:
Acting as the Corporate Secretary of the Company
Advising Management at the Board of Directors on the scope of their authority, appropriate decision-making, and legal aspects of their decisions.
Attending all meetings of the Shareholders/Members, Board of Directors and relevant Committees
Leading the scheduling of meetings of the corporate bodies of the Company to ensure compliance with applicable requirements and to ensure that all decisions are adopted in a timely manner and by the appropriate corporate body
Maintaining all corporate records and documenting all corporate decisions.
Compliance with banking and microfinance regulation applicable to the activities and operations of the Company
Determining the obligations of the Company based on applicable banking and microfinance legislation and adjusting policies and processes as necessary to reflect such obligations
Staying abreast of changes in applicable banking and microfinance laws and regulation and timely communicating such changes and updates to Management and relevant staff
Reviewing internal documents and policies to ensure they are drafted in accordance with applicable law
Reviewing and preparing, as necessary, contracts and documentation used by the Company in the business of providing financial services to its clients
Assisting in the preparation and drafting of reports and communications to the regulator
Legal support to other areas of the operations of the Company
As a member of the Management Board of the Company, offering guidance to the various departments and divisions of the Company and making decisions with the Management Board to manage the Company’s day-to-day operations
Implementing the instructions of the Board of Directors of the Company concerning the legal aspects of the operations
Providing support to the Company, especially to the Human Resources function, to ensure compliance with labor and employment obligations as an employer, including registering with local authorities and entering into employment contracts drafted in accordance with local law and that protect the interests of the Company
Representation of the Company before courts and administrative agencies
Coordinating and overseeing the representation of the Company before local authorities and courts, as required
Maintaining resources and overseeing collection litigation and fraud prosecution, in keeping with FINCA practices and policies
Coordinating and overseeing the pursuit of claims by the Company as applicable, and defending the Company against claims by third parties
Organizing and supervising the legal support provided to the Company
Identifying and hiring the services of outside legal counsel, as needed, overseeing outside counsel’s work and billing
Providing periodical reports on activities and projects to the Chief Executive Officer, the Board of Directors and its Committees and FINCA Impact’s General Counsel
Developing a strategic vision and plan for the legal function, including its staffing so that the function appropriately aligns with, and supports the operations of the Company
In accordance with internal procedures, hiring the staff of the Company’s legal department
Coordinating and supervising the work of other attorneys and legal staff providing legal services to the Company
Other duties may be assigned.
Members of the Company’s legal team
Education and Experience
Law degree. Master’s degree (LL.M) preferred
Admitted to practice in the Company’s jurisdiction
A minimum of 5 years of experience
Experience in finance/banking
Experience in corporate law
Experience in litigation and labor law, preferred
Written and spoken fluency in English required
Availability to travel (30% of the time)
Knowledge of the Company’s business
Exceptional Communication and Persuasion Skills
Drive to be a Leader
Ability to be Strategic
Moral and Ethical Leadership
How to apply
If you wish to apply for this position, please use the FINCA’s global applicant tracking system found under https://www.fincaimpact.com. Only online applications will be considered.
Legal Counsel & Corporate Secretary, FINCA Tajikistan