Job Purpose:
To support and assist the Group Lead Counsel, Group Treasury in the overall provision of strategic, tailored and commercially focused legal guidance, advice and assistance to Group Treasury and senior management, Head Office generally, regional Finance Directors and CFOs globally (and their teams, for all divisions) and BU management over a broad range of treasury and financing documentation and liaising with external legal counsel as needed. Support legal negotiations on financing documentation for all DPW entities (ie both Internal Stakeholders and External Stakeholders) with a view to identifying and mitigating risk and operational and commercial restrictions - as well as streamlining DPW legal positions globally.
By providing a consistent approach to financings being undertaken across the Group, this position plays a vital role in identifying and mitigating risks and restrictions in financing documentation being entered into by business units/subsidiaries globally within the Group and highlighting them to senior management, along with supporting the negotiation of wording that aims to protect against these risks and minimise restrictions. The job is project specific in the most part and the transaction can range in size from a few million to a few billion USD and in complexity from a relatively straightforward guaranteed loan to a greenfield project financing but also includes reviewing and advising on other bank or finance-related matters. The size and nature of the Group's business means the documentation negotiated is important as it can have a significant impact on the Group's ability to manage its business, especially in a difficult market scenario.
Key Accountabilities:
- Assist the Group Lead Counsel, Group Treasury with advising/supporting the External Stakeholders (as required) on the legal issues arising from all types of debt financings - including (but by no means limited to) project financings, corporate financings, guaranteed facilities, refinancings, restructurings, Islamic financings.
- Assist the Group Lead Counsel, Group Treasury with advising the Internal Stakeholders (as required) on the legal issues arising from bank financings and other Treasury products and services (including all inter company lending globally) to be availed by the Group and support the Group Lead Counsel, Group Treasury in identifying and mitigating the risks and restrictions arising from the terms of such products and services.
- Assist the Group Lead Counsel, Group Treasury with preparing/reviewing documentation for such transactions and assist with providing strategic, effective, reliable and user-friendly support, advice and assistance to the Internal Stakeholders and External Stakeholders on how documentation may affect proposed, and existing, corporate activity and/or otherwise impact the Group.
- Support the legal negotiations on documents with the Group Treasury team and/or External Stakeholders as required for such transactions and assist with such transactions (including their implementation) from a legal perspective.
- Assist with identifying and analysing legal issues and possible departures from precedent and DPW standards that may arise from the funding proposed for specific projects.
- Assist with promoting collaboration between the Internal Stakeholders, External Stakeholders and Legal External Stakeholders. Support with providing Legal External Stakeholders with clear and explicit instructions, overseeing and reviewing work carried out by Legal External Stakeholders and helping to manage external legal spend for projects.
- Support the relationship of Group Treasury with Group Legal as well as the various regional BU lawyers globally (including, but not limited to, internal legal at P&O Ferries, Unifeeder, DPWFS) promoting collaboration and to support their awareness of, and understanding the requirements of, Group Treasury Policy.
- Assist with drafting and updating the standard loan, guarantee and derivative documents as required to support the various financing and treasury transactions being undertaken in the Group with a view to maintain and/or improve existing DPW precedents and legal standards.
- Assist with identifying any major changes in law which may impact Group Treasury in any way and then supporting with (i) ensuring Group Treasury members are aware of such law changes (as well as Internal Stakeholders and External Stakeholders, as relevant) (ii) identifying and suggesting changes that may need to be made internally (whether in standard form documents or Treasury Policy etc) and then (c) any appropriate measures are actually implemented to account for any such changes (as required).
- Review and advise on ad hoc documents relating to finance, bank or Treasury related matters such as NDAs, terms of business for banking, deal confirmations, intercompany loans etc.
- Contribute to the continuous business improvement process and to the meeting of business objectives
Qualifications, Skills and Experience:
- Preferably, a Bachelor of Law Degree from an accredited university in a common law jurisdiction with a distinction average and/or honours (or, if no LLB, admission to practice law in a common law jurisdiction).
- Critical - qualification to practice law from a recognised legal regulatory body (in a common law jurisdiction) (holding a current practicing certificate).
- 3-5 years post qualification experience in a leading internationally recognised law firm (preferably magic circle or sliver circle law firm) and, in particular, in the debt finance department.
- Must have previous experience with loan, guarantee, security and other debt finance related documents (English law governed) and preferably of project finance transactions as well as an understanding of LMA documentation.
- Experience in cross-border finance, corporate and commercial transactions including supporting transactions from term sheet stage through to financial close. Ideally, knowledge and experience of international infrastructure projects.
- Commercial awareness and understanding of business needs (including awareness and sensitivity to differing international legal and cultural business practices, and the flexibility to work within different cultural environments).
- Excellent analytical and organisational skills.
- Ability to effectively negotiate legal issues and transaction documentation with counterparties.
- Ability to adapt and apply knowledge to differing situations.
- Good communication and interpersonal skills.
