Legal and Compliance Officer

2 weeks ago

Durban eThekwini Metropolitan Municipality KwaZuluNatal South Africa Freerecruit Full time

Job Description
MAIN JOB PURPOSE:

To provide the Company with advice on all legal matters relating to the Company, Trusts, its Guests, Tenants, Suppliers and Provident Fund. To draft all Legal Documents and to ensure the Company's Legal Compliance with relevant Legislations.

DUTIES

Address and investigate Legal queries;
Review documentation;
Peruse applicable legislation and provide recommendations based on the facts presented;
Communicate outcome to Management and/or Executives;
Review all Disclaimer documentation on an annual basis, including signage;
Perform the above activities for all Units within the Group, as and when requested by the relevant Managers;
To consult, advise and proactively engage on all corporate and commercial law matters;
Provide insights and manage legislative process internally regarding relevant domestic, Rest of Africa presence countries and international legislation impacting the role;
Drafting and vetting of various commercial agreements;
Conducting research into a wide range of commercial law, financial services regulation, corporate and gaming law matters;
Advise the operational and executive management monthly or otherwise as needed of pending agreements and agreements finalised in the previous month;
Perform the above activities for all Units within the Group, as and when requested;
Review standard Retail Leases annually;
Advise and assist for Lease Renewals;
Advise executive and operations management when leases are expiring;
Monitor that all paperwork required is received on signature of Lease;
Monitor that annual paperwork required is received i.e. Annual BBBEE Scorecard;
Perform the above activities for all Units within the Group, as and when requested;
Manage debtors and debt recovery on behalf of all units;
Distribute the Trademark and Patent expiry schedules to Marketing Management for review;
Based on the instruction from Marketing Management, advise the Attorneys to renew or not renew Trademarks and Patents;
At notification of Trademark infringements received, instruct and liaise the Attorney's until the matter has been finalised;
Update schedules once the official notification has been received from the Company's Intellectual Properties office;
Advise Marketing Management once Trademarks are registered;
Perform the above activities for all Units within the Group;
Attend Provident Fund Trustee Meetings; Act for both the Fund and the Members;
Peruse all Minutes and Member communication;
Peruse and/or draft Agreements for the Fund;
Attend Pension Fund Adjudication matters;
Assist with Rule amendments;
Advise the Board of Trustees of any pending Pension Fund Adjudication matters;
Advise the Board of Trustees on draft Legislation and rulings by the Pension Find Adjudicator;
Perform the above activities for all Units within the Peermont Group;
Act for Trustees as and when requested;
Peruse and/or draft Agreements for the Trust as and when requested;
Assist with the Trust Deed amendments as and when requested;
Assist Trustees with any pending Litigation;
Assist the Trust Administrators with the Trust communication with the Master of the High Court as and when required;
Keep abreast with new Legislation;
Inform the Management Team of New Legislation and its consequences;
Rollout implementation plans for changes arising from new Legislation;
Advise Management on Case Law that impacts on the Business;
Report all claims to the Insurers;
Forward investigation dockets to Insurers;
Investigate causes of Incident in order to recommend to Management to minimise future risk;
Make recommendations on settlement for all claims below R100,000 to the Chief Financial Officer;
Assist the Insurers with Litigation;
Provide all documentation necessary for discovery purposes;
File necessary Affidavits within the required time allocation;
Liaise with witnesses where necessary;
Liaise with the Attorneys, Advocates and Insurers;
Attend Court Hearings as and when required to;
Provide Management and Executive Management with feedback;
Advise Management and Executive Management of possible settlements;
Advise Management and Executive Management of the outcome of the Litigation.

Qualifications

Relevant degree – LLB
Minimum of 2 Years' experience as a Legal Advisor or carrying out regulatory compliance
Must have Legal Understanding
Knowledge of Legal Processes and Legal Terminology
Knowledge of Law of Contract, Gambling Law, Company Law and Insurance Law preferred
Knowledge of Pension Fund Act
Knowledge of Trust Property Act

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