Team Member - Legal

Business

Financial Services

Unit

Aditya Birla Capital Ltd. 

Location

Mumbai

Poornata Position Number of the job 

Reports to: Poornata Position Number

00154879

Poornata Position Title of the job 

Team Member - Legal

Reports to: Poornata Position Title

State / Area Legal Manager

Function

Risk Management & Compliance

Reports to: Function 

Risk Management & Compliance

Department

Risk & Legal & Collections

Reports to: Department 

Risk & Legal & Collections

Designation of the Employee:

Team Member - Legal

Manager’s Designation:

State / Area Legal Manager

Date of writing/ Updation of JD

30^th Jan 2023

To manage Litigations by and against the company, guide the team, manage stakeholders and overlook MIS, Co-ordination with Advocates, visiting Court on every day hearing and updating the same in MIS for publication.

2) Dimensions: Mention quantitative or qualitative parameters that are relevant for the job and provide a better understanding of the scope and scale of the job.  

Other Quantitative and Important Parameters for the job 

A good command over Field Execution

Good working knowledge on laws relating to banking, SARFEASI, Arbitration, IBC, Negotiable instruments, contract act, etc.

Good drafting skills

Good team & stake holder management skill  

Organization Context

Aditya Birla Capital Limited ("ABCL") is a lending subsidiary of Aditya Birla Capital Limited. ABCL is registered with RBI as a Systematically Important Non-Deposit accepting Non-Banking Finance Company (NBFC). ABCL is one of the top private diversified NBFCs in India. ABCL is one of the top private diversified NBFCs in India operating with several hundred of branches across India.

 ABCL offers end-to-end lending solutions to a diverse set of customers - Retail, HNI, MSMEs, and Mid & Large Corporates through secured as well as unsecured loan products. The diverse range of lending products includes Retail Small Ticket Secured and Unsecured Loans, Unsecured Personal Loans, Unsecured Business Loans, Health & Education Loans, Digital B2B2C and B2B2B Small Ticket Loans, Small Business Secured Loans, Loans Against Property (LAP), Lease Rental Discounting (LRD), Construction Finance (to Real Estate Developers), SME Loans, Capital Markets Loans (Loan Against Shares), Supply Chain Finance, Mid and Large Corporate Loans, and Infrastructure Finance loans. ABCL also has a Wealth Management division. 

ABCL is rated “AAA” by India Ratings, ICRA and CARE (reaffirmed in 2020). ABCL secured the ABG Business Excellence Award in 2017 (Silver), and 2015 (Bronze), and multiple other Awards on forums like CII 

Business Context:

The Risk and Compliance function is engaged in evaluating the creditworthiness of the loan applications for CMG, CFG, SME and Mortgage lending divisions considering the quantitative & qualitative factors like ownership, size & market presence of the client business, capital adequacy, collateral quality, earnings quality, liquidity, management quality & client credibility & adherence to statutory requirements.

The Risk & Compliance is engaged in formulating credit risk policies for all ABCL businesses, carries out risk assessment of credit proposals, obtains credit decisions from Credit Committees, monitors credit exposure and carries out recovery of over dues. It formulates risk policies in association with Central Risk, ABFSG for overall risk management in ABCL. 

Credit / Loan proposals prepared by Business Credit team are critically analyzed from credit risk perspective and the proposals along with Risk Assessment Sheet are put up to Credit Committee for approval. While carrying out critical evaluation of the credit proposal the function also carries out evaluation of the risk mitigants in the credit proposal like the nature and the quality of the collateral, adequacy of the collateral, acceptability of the collateral given the regulatory and the compliance needs.

The Risk & Compliance function carries out monitoring of client wise exposure and portfolio exposure to identify ‘early warning signals’ of stress and to minimize NPAs. Currently monitoring is done in association with Business Teams as RMG does not have presence at Branch level. It carries out over due loan recovery from defaulting clients in coordination with Business Teams. 

 Job Context:

The Legal department would validate the regulatory & compliance requirements for the new business initiatives and product launches, conclude the litigations raised by or against the company, establish a sound corporate governance framework, execute legal agreements and provide transactional support in the investment processes. 

Within Legal department, Litigation team would need to support collections team in initiating appropriate legal actions in the delinquent account in order to create avenues of early resolution and to do the things incidental to utilization of such nuances.

Challenges:

1. Keeping abreast of the latest legal/statutory amendments, knowledge about various legal documents & liaising with multiple regulators
2. Strong negotiation and arbitration skills, knowledge of agreement formulation & statutory regulations
3. Detailed & process orientation & strong network. 
4. Management of collections litigation for taking it to logical conclusion.

To manage the litigation portfolio for Unsecured

• To strategize along with the Regional Legal Manager for filing and defending cases for the company & it’s employees.

• To ensure periodic MIS/CGR of outstanding litigations are circulated/updated to all the relevant stakeholders

• To guide the team in dealing with internal & external customers.

• To help collections team to recover the out- standing amounts through legal recourse.

To manage external counsels & law firms & assist in formulating the pleadings of the lawsuits

• To coordinate with advocates and provide guidance.

• To ensure that the claims & counter claims, arguments & evidences cases are drafted/filed/dealt within the time frame.

• To keep a track of payment made to the advocates / law firms / counsels on record

• Updating status of cases filed against directors and against the company

• Draft/respond to notices sent by customers/counter parties/statutory authorities.

To Manage Field Execution 

• To manage cases under Section 9 and 17 of Arbitration and its proceedings and to represent the company before District courts.
• To file and pursue Execution Petitions filed under Code of Civil Procedure in district courts.

Crisis Management

• To Manage crisis situation arising on account of complaints filed by borrowers against the company or its officials.
• To coordinate law enforcement agencies. 
• To ensure that hassle free environment is maintained at all branches in the Area/state. 

Record Management

• To maintain all records / files of cases filed by/against the company for future reference and records. 

Legal Officers: to manage filed activities, appear in courts, coordination between court bailiff/commissioner and field collections team. 

Internal

Head – Litigation

Departments and collections managers

Daily

Need based

MIS, coordination for litigations & documentation

Legal assistance for cases filed by or against the department

External

External advocates/law firms

Statutory Authorities

Need based

Periodic

Assistance in case preparations, liaising for their remuneration 

Audit coordination

Job Holder

Reports to (Manager)

Name

Date of Entry / Approval