Senior Legal Advisor Property (Cape Town)- LEGN1013


This Investment company is recognized for its great corporate environment and its ability to train and develop its staff to their highest standard. The purpose of this position is to ensure that the interests of the business are adequately protected in contracts entered into with third parties, that standard documentation meets all legislative requirements and that business rules contain the necessary legal requirements.

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Minimum Requirements

BCom Law - Admitted Attorney with a post graduate LLM in Taxation / H.Dip Tax.
Admitted Attorney and Conveyancer
+7 years experience either within investments or property
Knowledge of the financial system, both locally and internationally
Experience in handling PUT and new listing company.
Experience in drafting and vetting property acquisition, disposal and lease agreements is a must. Identifying risk and minimizing it in these agreements.
Experience in administrative law would be advantageous
Knowledge of local authority, provincial and national law relating to rezoning, sub-division and heritage applications.
Litigation experience would be advantageous as the incumbent would be required to draft summons and pleadings and manage ongoing litigation and tenants in arrears

Role Description

Collective Investment Schemes in Property
Keep abreast of all legislation;
Advise management of changes in legislation and implementation of same;
Investment restructure and units – must be aware of and advise management of any average tax implication for the PUT;
Liaise with Appointed designated advisor to ensure that all corporate actions are dealt with timeously and according to the JSE rules.

Candidate should have substantial compliance experience which includes:
Regulatory developments and key issues facing the group across the various jurisdictions;
Undertaking regulatory analysis and issuing practical advice to the business;
Providing sign off and approval of marketing material (Annual reports, Circulars, SENS Announcements etc);
Undertaking risk based monitoring agreeing remedial actions directly with the group’s report writing and contributing and assisting in production of the annual monitoring programme;
Preparing and delivering training on a range of topics to the group areas as required;
Working closely with the group to understand their strategy and to identify potential risks or issues;
Providing the group advice on new fund registration process in various jurisdictions
Providing guidance and advising the group on the rules on sales marketing and solicitation;
Conducting due diligence review for new counterparties and brokers;
Sigh off the financial promotions which includes fact sheets, brochures, website and other such material;
Reporting promptly and comprehensively any deficiencies or breaches in the process for approval or business area practices, staff knowledge or procedures;
Providing interpretation and guidance to management on rule changes.
Will be responsible for compliance and risk management in respect of property unit trust;
Assist in documenting policies and processes to ensure compliance and legislation such as the JSE rules;
Responsible for identifying legal risk and ensure that same is managed effectively;
Vetting of marketing material and external communications (e.g. SENS Announcements);
Ensuring marketing material (including website, have required statutory disclosures and disclaimers);
Ensuring compliance by holding company and subsidiaries with all corporate secreteriaal requirement laid down in Companies Act, which includes Preparation of agenda for BOD meetings, sending out notices for meetings, collating BOD packs and taking minutes, Preparing notice of AGM, reviewing circulars to shareholders and ensuring AGM held within time periods presented by companies Act;
Maintain company registers, submission of annual company returns and registration special resolutions, reviewing and giving input on the documentation drafted by association to which PUT belongs;
Advising on lease agreement entered into between the PUT and other group entities;
Taking instructions and drafting lease agreement, addenda cession and assignment of leases, renewal of lease agreement, etc.;
Participate in lease negotiations. Managing tenants arrears, litigation process, settlement proposal and collection of arrears;
Drafting and reviewing of commercial property contracts within the Group including development agreements, agreements with service providers (Quantity Surveyor, Architect, Principal Agent, Construction companies, CESA etc).
Company Secretarial;
and managing construction management contracts and commercial financing agreements.
Ability to manage all the aspects of an acquisition, including due diligence.
Preparation, registration, of Budget for Property Division;
Dealing with all aspects of Property Prospectus, circulars SENS Announcements and distributions etc.;
Cancellation of Notarial Servitudes.
Perform convincing functions and manage the execution of purchase and sale agreements including the transfer of residential / sectional title / commercial and industrial properties.
Draft and review legal agreements to ensure that the regulatory requirements are met.
Managing application process for land development, amendment to spatial use conditions, zoning schemes, and changes in conditions to facilitate general property development.
Management of construction contracts including but not limited to JBCC and BCC.
Managing tenant arrears, collections, including issuance of letters of demand, drafting or summons/rent interdict and execution thereof.
Litigation processes, settlement proposals and the drafting of pleadings in respect of litigation.
Ensure detailed policies, procedures, procedures manuals, systems and controls are robust and implemented within the property department.
Documenting policies and processes to ensure compliance to the Deed and legislation such as the JSE rules, FSB/CISCA rules and all legislation in the property and financial service sector.
Remain abreast of all changes in the legal, tax and corporate governance environment in South Africa and Internationally. Provide technical input on proposed changes to legislation.

City: Cape Town

Salary: Market Related

Duration: Permanent