FINCA International, one of the world microfinance institutions leaders, provides financial services to over one million customers through 23 subsidiaries and operating in Africa, Eurasia, Latin America, the Caribbean and the Middle East. FINCA Haiti SA, an affiliate of FINCA International, established in Haiti since 1989 providing financial services in several departments of the country, is recruiting an In House Legal Counsel.

KEY RELATIONSHIPS

Internal Relationships
Chief Executive Officer

FINCA's Office of the General Counsel

Board of Directors and Board Committees
Management Team at all levels

External Relationships
Central Bank
Professional legal firms
Banking regulatory bodies
External Legal Counsel
Local Bar Association

The In-House Legal Counsel (ILC) as the Senior Legal Officer of a FINCA Haiti will be responsible for all legal matters related to the Subsidiary, reporting directly to the affiliate’s General Manager and the Office of the General Counsel of FINCA International, Inc. (FINCA). The ILC will provide legal support to the operations of the affiliate, with special emphasis on the corporate, banking and corporate finance aspects. In coordination with FINCA’s Office of the General Counsel, the ILC will be responsible for reviewing and preparing contracts and other corporate and legal documents, analyzing the tax consequences of the operations and transactions in which the subsidiary participates, ensuring compliance with banking and microfinance applicable legislation and regulation, representing the subsidiary before the regulator, competent courts and other authorities as well as ensuring compliance with labor and employment obligations. In addition, the ILC will be responsible for identifying legal risks associated with the operations of the subsidiary and proposing mechanisms for mitigating such risks. The ILC will operate in accordance with the Protocol of the Office of General Counsel.

I. Complying with banking and microfinance regulation applicable to the activities and operations of the subsidiary
• Determining the obligations of the subsidiary established in applicable banking and microfinance legislation
• Ensuring that the subsidiary’s personnel and officers have all the information necessary for complying with legal obligations provided in banking and microfinance legislation, proposing policies and actions to accomplish such goal
• Identifying legal risks associated with the operations of the subsidiary and proposing mechanisms for mitigating them
• Reviewing internal documents and policies to ensure they are drafted in accordance with applicable legislation
• Reviewing and preparing, as necessary, contracts and documentation used by the subsidiary in the business of providing microfinance services to its clients
• Assisting in the preparation and drafting of reports and communications to the regulator
• Staying abreast of new banking and microfinance legislation and regulation applicable to the subsidiary
II. Providing legal support with respect to other areas of the operations of the subsidiary
• Providing support to the subsidiary to ensure compliance by the subsidiary of its labor and employment obligations as employer of its staff, including registering with local authorities and entering into employment contracts drafted in accordance with local law and that protect the interests of the subsidiary
• Advising as to tax liabilities and practices of the subsidiary, including those related to transactions with local and foreign third parties and, in coordination with FINCA’s Office of the General Counsel, proposing ways to structure such transactions in order to obtain the best tax treatment available under applicable law
• Reviewing and drafting documentation related to the implementation of potential projects by the subsidiary, including grant agreements and partnerships with third parties
• Providing legal opinions based on local law regarding various aspects of the operations of the subsidiary
• Reviewing and drafting documentation and contracts related to the day-to-day activities of the subsidiary, especially as to documents for loans to the subsidiary clients but also including other documents such as leases, sales and services agreements, ensuring that the documentation protects the subsidiary’s interests and comply with law.
• Providing legal assistance for the protection of the FINCA trademarks in Haiti
• Staying abreast of the laws and regulations applicable to the subsidiary
• Assisting in the process of legalization of documents prepared or to be used abroad
III. Representing the subsidiary before Courts and Administrative Agencies
• Representing the subsidiary before local authorities and courts, as required
• Maintaining resources and overseeing collection litigation and fraud prosecution, in keeping with FINCA practices and policies
• Pursuing claims by the subsidiary as determined and defending the subsidiary against claims by third parties
IV. Implementing and supporting good corporate governance
• Attends all meetings of the Board of Directors and Committees
• Assists with scheduling of meetings to ensure compliance with applicable requirements and to ensure that all decisions are adopted in a timely manner and by the appropriate corporate body
• Assists with preparation of the agenda for Board and Committee meetings
• Sends meeting notices to all members of the Board and all Committee members from the time of official appointment according to local regulation and up until official removal is recognized by local regulation and a letter of removal has been issued by the Company Secretary;
• Provides guidance to the Management Team in the preparation of materials for each meeting
• Records attendance at all Board and Committee meetings and conveys attendance records on a quarterly basis to FINCA Management.
• Confirms when quorum requirements are met and that decisions are adopted in accordance with applicable law and the Company’s constituent documents
• Takes minutes at Board meetings and applicable Committee meetings
• Ensures that appointments and removals of Directors are documented and registered, as required, including issuing formal letters of appointment and removal to the Directors, and sending copies of these to FINCA Management in a timely fashion
• Ensures compliance with applicable laws, regulations, FINCA Policy and principles of good corporate governance
• Reports and advises on conflicts of interest in accordance with FINCA policies and the Code of Conduct
• Advises Directors and Board Officers on their responsibilities, including their fiduciary obligations
• Periodically assesses governance practices and recommends ways to improve
• Maintains all corporate records and documents all corporate decision-making
V. Providing legal assistance to the corporate finance operations and transactions of the Company
• In coordination with FINCA’s Office of the General Counsel and the Capital Markets Group, drafting, preparing and reviewing all legal and corporate documentation required to complete corporate finance transactions with local and foreign lenders
• Providing legal opinions relating, among others subjects, to the validity and enforceability of the obligations provided for the documents and financing agreements
VI. Supporting regional or global projects as a part of the Office of General Counsel
• Participating in projects as may be required on a regional or global basis
• Participating in professional development activities in order to take advantage of the skills and experience of the network of lawyers, and as able, participate in contributing to the development and expertise of other members of the OGC.

VII. Organizing and supervising the legal support provided to the Company
• Assisting FINCA’s Office of the General Counsel in identifying and hiring the services of outside legal counsel, as needed
• Organizing and performing training sessions for the staff and management of the Company on relevant legal issues
• In coordination with FINCA’s Office of the General Counsel and Human Resources Department, providing legal support to determine the best hiring structure and the types of visas and immigration permits required to allow foreign citizens to provide services to the Company
• Providing periodical reports on activities and projects to the Chief Executive Officer and FINCA’s Office of the General Counsel
• Coordinating and supervising the work of other attorneys providing legal services to the Company

Leading With Integrity
Reinforces our values through daily behavior
Holds others accountable to ethical behavior
Encourages full disclosure of mistakes
Confronts unethical behavior quickly
Employee Engagement
Maintains a fulfilling work environment
Engages people based on their strengths
Mentors others to develop their skills
Sets clear and measurable goals
Provides feedback on performance regularly
Achievement Focus
Overcomes obstacles creatively
Consistently achieves business objectives
Recognizes and pursues opportunities
Takes calculated risks to achieve goals
Collaboration
Convinces others collaboration is a win-win
Holds people accountable to work together
Fosters mutual accountability to achieve results
Develops rapport throughout the Company
Responsible for Results
Takes responsibility for own actions
Manages others to focus on key priorities
Helps others overcome challenges
Balances urgency with attention to detail
Recruitment & Staffing
Makes quality hiring decisions
Forecasts staffing needs accurately
Follows Company hiring process
Demonstrates effective interviewing process
Financial Responsibility
Conserves organizational resources
Works within budget guidelines
Assesses ROI on expenditures
Adjusts allocations to take advantage of unplanned opportunities

Planning and Performance Management
- Ability to set and deliver against Board instructions
- Ability to plan, monitor, and follow-up the implementation and delivery
of Management Team
- Excellent skills related to the organizing, scheduling and administration of Board and Management meetings and demands
- Excellent organization, time, work and self-management skills
Interpersonal Skills
- Ability to adapt and work co-operatively and effectively at senior levels with the Board and Management
- Strong relationship building and diplomatic interpersonal skills with sensitivity to the emotional, attitudinal and political aspects of the corporate life
- Ability to handle difficult people and tense situations with diplomacy and tact; spot potential conflict, bring disagreements into the open, encourage debate and open discussion and orchestrate win-win situations
- Disposition to share specialist legal knowledge fully and willingly with other employees in the interest of the company
Reporting and Communication Skills
- Exceptional oral communication skills and ability to communicate clearly and persuasively
- Understand corporate and board meetings procedures, and interpret business and board reports
- Experience and practical skills in drafting minutes, governance manuals, reports, contracts relating to a variety of business areas including joint ventures, mergers and acquisitions, employment, procurement, leasing of property, insurance, and clients and other third parties contracts

• Authorized for the practice of law in Haiti
• J.D Degree/Law Degree
• A minimum of 5 years of experience
• Experience in finance/banking
• Experience in corporate law
• Experience in litigation and labor law, preferred
• French and English language abilities

TRAVEL REQUIREMENTS
Availability to travel (40% of the time)

PHYSICAL DEMANDS

Ability to travel in economy class when traveling by air or rail.

Motivation letter, copies of diplomas, 2 professional reference letters.