The principal objective of the Legal Department is to protect the interests of the Corporation and ensure that the Corporation’s activities and operations are consistent with its constitutive and other legal instruments and sound legal principles. This role will involve providing legal services in respect of the Corporation’s investment transactions, treasury transactions, administration and other contracts.
Principal Duties & Responsibilities
Investments – Project Finance, Debt, Equity and Project Development
- Deal with the legal aspects of the Corporation’s investments and transactional matters, covering project finance, debt, equity and project development transactions;
- Structure transactions in a manner that is consistent with the mandate, policies and objectives of the Corporation and provide innovative and practical solutions to legal issues pertaining to the Corporation’s transactions and activities;
- Deal with the legal aspects of the credit approval process relating to transactions;
- Draft, review and negotiate term sheets, Memoranda of Understanding (MOUs), mandate letters, project agreements, financing and security agreements;
- Review conditions precedent and coordinate closing of the financing including perfection of security based on local jurisdiction requirements;
- Review and ensure that AFC’s Development Finance Institution (DFI), Environmental & Social Obligations and Sanctions provisions are reflected in all financings and that the relevant checklists are up to date;
- Ongoing monitoring and advising on legal issues arising from closed transactions from time to time.
- Deal with the legal aspects of facility agency and security agency roles relating to the Corporation’s transactions
- Deal with legal aspects of restructured and non-performing loans and assets
Treasury – Borrowing, Bond Issues & Derivatives
- Review and negotiate mandate letters, terms sheets and facility agreements with respect to the Corporation’s borrowings from other development finance institutions and commercial banks;
- Coordinate and provide the conditions precedent for drawdown on the facilities;
- Providing legal services in respect of the Corporation’s Eurobond issues and placements under its Global Medium Term Note Programme;
- Review and negotiate mandate letters for the joint lead managers, programme agreement, agency agreement, trust deeds, listing agreement, auditors comfort and arrangement letters in respect of the bond issue and its subsequent updates.
- Draft and review the legal opinions, base prospectus, conditions precedent and other offering documents for bond investors.
- Review and negotiate agreements and confirmations relating to various derivatives, hedge and repurchase transactions on the basis of ISDA and GMRA.
- Draft, review and negotiate legal documentation for trade finance transactions including facility agreements, participation agreements, security agreements, legal opinions etc.;
- Ongoing monitoring and advising on legal issues arising from time to time on the trade finance transactions.
- Financial Advisory
- Deal with the legal aspects of financial advisory mandates;
- Draft, review and negotiate legal documentation for financial advisory services including mandate letters;
- Ongoing monitoring and advising on legal issues arising from time to time.
Administration and General Operations
- Draft, review and negotiate strategic alliance agreements, memorandum of understanding, collaboration agreements with AFC’s relationship counterparties;
- Review and negotiate human resources, administration, communications and information technology supply and services contracts;
AFC’s DFI Status
- Ensure that AFC’s immunities and privileges are properly addressed and preserved in the Corporation’s various transactions and agreements;
- Work with local counsel in various AFC Member States in respect of the ratification of AFC’s constitutive documents following the respective State’s accession to AFC’s Establishment Agreement;
- Provide advice on general tax issues including researching and understanding the Corporation’s status under the Foreign Accounts Tax Compliance Act and advising accordingly;
- Work on producing templates including for due diligence checklists, model agreements etc. for the Corporation
- Work on knowledge sharing information on legal matters for the Corporation
- Work on any other transformation initiatives for the Corporation
- Manage the work of external law firms to ensure transactions are efficiently progressed at a reasonable cost;
- Deal with corporate secretarial matters;
- Perform any other duties that may be assigned by the line manager and General Counsel & Corporate Secretary.