Equity, Investment Funds and Asset Management:
Provide legal services and general legal assistance with respect to equity and quasi equity investments, advisory, investment funds and asset management covering: (i) financial institutions equity (banking and non-banking financial institutions);(ii) corporate equity; (iii) investment funds; and (iv) asset management and investment advisory services. In particular, the role of the incumbent will include but not limited to the following (in coordination with external counsel):
- Review and comment on the Concept Proposal of each assigned project or proposed investment emanating from the Global Markets Equity Department (GMED) and the Asset Management Department (AMD) of ICD with special focus on any legal section or matters contained therein;
- Advise on structuring and deal documentation for proposed ICD’s participation in investment funds, equity or quasi equity investments, with a view to ensuring compliance with ICD’s policies and practices as well as any applicable laws;
- Prepare legal note for each assigned project for the attention of the Investment Committee at the concept review stage and participate (as needed) in the relevant Investment Committee meetings during which the relevant investment proposal is presented for concept approval and for commencement of the legal due diligence and appraisal process;
- Participate in the project appraisal process by undertaking required legal due diligence on assigned projects and taking part in any required mission (if necessary);
- Participate actively in the negotiation of all matters pertaining to the structuring of the proposed investment, developing appropriate terms and conditions of the investment, finalising term sheets, and dealing with other issues that may have legal implications or repercussions whilst ensuring compliance with all applicable rules, regulations and policies of ICD;
- Prepare and /or coordinate and review legal due diligence report submitted by external counsel and prepare Legal Note on key legal issues for the attention of the Investment Committee at the final review stage;
- Review and assist in finalising investment proposals and presentations to the Investment Committee of ICD and/or the Executive Committee of the Board;
- Draft and/or review and assist in negotiating and finalising all relevant legal documentation for ICD’s investment including shareholders agreement, share purchase agreement, partnership agreements, management agreements, co-investment agreements, subscription agreements, constituent documents of target investee companies or funds and other relevant documents depending on the nature and the type of investment;
- Drafting and/or reviewing documentation of investment funds for which ICD will be participating as fund manager or investment advisor including relevant investment/fund management agreement, advisory services agreement etc.
- Review the documentary evidence submitted towards fulfilment of conditions precedent for disbursement post execution of equity/investment funds’ documents and providing general assistance in relation to disbursements;Generally, perform any other role relating to equity, investment funds and asset management that may be assigned from time to time.
- Provide on-going legal support in the portfolio management of investee companies and investment funds in which ICD has invested;
- Assist the AMD in managing or advising investment funds for which ICD has been mandated as fund manager and/or advisor;
- Assist in structuring and documentation of exits or divestments of ICD’s equity investments or private equity/fixed income investment funds; and
- Generally, perform any other role relating to equity, investment funds and asset management that may be assigned from time to time.
IFI Program Advisory Services & IBES Program Technical Assistance:
Provide legal support and assistance required in the origination, appraisal, approval, documentation and execution of advisory mandates of the IFI Program or technical support under the Industry and Business Environment Support (IBES) Program. In particular the role of the incumbent will include but not limited to the following:
- Review and comment on advisory concept and final proposals with special focus on any legal section or matters contained therein;
- Issue legal note on final advisory proposals as and when necessary for the attention of Investment Committee;
- Assist in preparing/reviewing of relevant advisory mandate agreements;
- Assist in preparing, negotiating and finalising technical assistance support documentation with beneficiaries under the IBES Program;
- Assist in the implementation of advisory mandates and technical assistance support projects by dealing with all legal related issues in coordination with relevant internal stakeholders, the clients /beneficiaries and external counsel (if any); and
- Assist in providing general legal support that may be required in the implementation of assigned projects on advisory services and technical assistance support under the IFI and IBES Programs respectively.
Litigation:
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Assist in managing court cases and litigations related to ICD’s equity investments in coordination with external counsel (under the umbrella of the IsDB Litigation Unit);
- Provide support to the Asset Management Department in relation to any litigation at the level of investment funds in which ICD is participating as investor and/or as fund manager/advisor;
- Assist in preparing legal documents, articles, files, records and reports required in preparing a claim or defending a claim on behalf of ICD;
- Assist in preparing pleadings including claims, defenses, and rebuttals required in any legal and arbitral proceedings involving ICD;
- Drafting of client and legal correspondence documents relating to any threatened, potential or actual litigations involving or likely to involve ICD; and
- And generally, assist in providing any required legal support in litigations involving ICD in respect of its equity investment portfolio, investment funds, and its IFI advisory and IBES related technical support interventions