Position Name

Commercial Contracts Manager

Reports to

Executive Head: Legal

Division

Legal

Legal

To provide legal advice on and manage the drafting, review and settling of contracts relating to the commercial aspects of the business by handling complex multifunctional transactions and matters as well as providing a wide range of legal service advice as required.

 1.       Legal Guidance

 2.       Compliance

·         Provide commercial legal advice to executive management and staff across the Company group of companies focusing on complex commercial transactions, risk identification and mitigation.

·         Represent the company in negotiations with third parties.

·         Structure commercial transactions and drafting and reviewing related contracts considering, without limitation, where appropriate, local law, international jurisdiction for dispute resolution, tax issues.

·         Ongoing research and maintaining current knowledge of changes in legal frameworks and developments in the Democratic Republic of Congo including in particular OHADA law and the DRC Mining Industry.

·         Liaise and communicate with various internal and external parties such as: Internal – the CEO, Executives, Directors, Heads of Business Units, Senior Managers and colleagues; and External – third parties with whom Company is negotiating (e.g. consortium partners, vendors, service providers) or in conflict and external corporate advisors (e.g. tax advisors, corporate finance advisors and legal advisors).

·         Primary support to the commercial and sale business units/functional areas within the Company group of companies.

·         Develop and / or review Company policies, procedures, programs, documents and guidelines and initiatives to ensure the organization is compliant with relevant statues, regulations and governmental directives and associated case law.

·         Provide strategic input to the various companies/departments within the Company group of companies from a commercial legal perspective considering the broader business imperatives of those companies/departments.

·         LLB or equivalent degree and admitted to practice as an attorney or advocate

·         A minimum of 5 years post qualification experience.

·         Experience in the drafting and settling of commercial contracts including without limitation, Memorandum and articles of association, shareholder agreements, memorandums of understanding, off-take agreements, mandate and letters of engagement, joint venture agreements, share sale agreements, agreements relating to Mergers and Acquisition, lease agreements, distributorship and agency agreements and project finance and facility agreements.