OVERVIEW African Rainbow Energy (AREF) is a leading renewables investment platform and independently owned energy business, with the primary objective of establishing a modern utility of scale and ultimately, an African energy champion. AREF was established between African Rainbow Energy and Power (AREP) and Absa Bank Limited (Absa), with the platform seeking to take controlling interests across the full energy value chain. While predominantly focused on South Africa, AREF will selectively expand into the rest of Africa as suitable opportunities arise. The fund is currently invested in a diversified portfolio of over 1.1GW of REIPPP and C&I private sector offtake projects and actively working towards closing of two additional projects with a capacity of 300MW before the end of 2024. ROLE We are recruiting a Head of Legal and Company Secretary for AREF. It is a dynamic, fluid, fast paced and high-pressure working environment providing opportunities for career growth. The ideal candidate would be decisive, comfortable with change and making commercial decisions, enjoying new challenges and venturing out of their comfort zone. Candidates will be personally responsible for deliverables. LEGAL (75%) Provides legal support on all legal aspect of the business, including but not limited to Project acquisitions, Project Finance Transactions, the financial closure of projects, investment management of Projects post financial close and general contract management. Directs the Fund on all legal as well as Governance and Ethics issues and total strategic functioning. Provide general legal support to the business. Assist in closing some of the transactions. The role may include opportunities to act as director on boards. COMPANY SECRETARIAL (25%) Ensures that the Fund complies with all legislative and corporate governance requirements and that integrated reports are issued to external stakeholders on a timely basis. Ensures that all Board packs are compiled on time and that the packs are distributed. Oversees the minute taking of all meetings and ensure that all minutes are distributed and signed off by the relevant stakeholders. The holding companies’ governance standards are aligned with the requirements for listed companies and involves providing support to the boards of directors. RESPONSIBILITIES LEGAL Provides guidance on the proper application and interpretation of laws and regulations as applicable to the Fund’s business and ensure adequacy of controls to mitigate legal and other risks or concerns that may arise thereto. Oversees the provision of legal aspects related to the Fund entering into contracts with Project Sponsors and Third parties. Maintains proper corporate interactions with the relevant regulatory authorities and the community at large. Provides ongoing support in terms of contract management for Projects in operation. Develops and leads corporate legal strategy to promote and protect the Fund’s matters. Participates in the formulation of general management policy as a member of the executive management team. Oversees the provision of litigation services to the Fund. Ensures that transactions do not place undue risk on the Fund. Reviews and drafts Fund rules. Advises the CEO and other senior corporate officers on a variety of issues, providing opinions where required. Undertakes and commissions legal research and manages outsourced legal teams. Strong skills in drafting a variety of legal documents and communicating complex issues clearly and concisely. Provides/reviews non-disclosure agreements. Ensures due diligence of the developers/sellers and any potential partners. Manages the general company administration and statutory record keeping requirements. Assists with any contractual claims or legal disputes that may arise. Executive level responsibilities across the business and various disciplines. COMPANY SECRETARIAL Supports the Board/ Investment Committee and other Committees of the Board by maintaining an efficient and effective secretariat service in accordance with the approved Fund’s Governance Policy and Procedure. Continuously improves and develops the Fund’s management of committee support and administration systems. Maintains and updates the calendars of the Board and its Committees. Develops and maintains Board and Committee database and electronic mailing list. Manages the conclusion of logistical arrangements pertaining to the Board. Prepares and manages board records and resolutions. Manages Third-Party minute takers to ensure the standard is optimal. Develops and maintains effective and efficient governance systems, structure, policies, processes and practices and to champion their implementation. Continuously tracks and oversees group sustainability and BBBEE activities and compliance. Ensures timely circulation of financial statements/ integrated report to all stakeholders. Provides Board/ Exco support Leads the development of the strategic plan/ framework of the organisation, and the detailed current year operating plan. Formalises Fund strategies. Monitors strategic initiatives that drive the Fund’s performance and continuous improvement. Measures and tracks performance via Balanced Scorecard on strategic initiatives. Drives and manages the alignment of the various CEO strategic programs to ensure the objectives are met and to maximise value creation. EXPERIENCE Professional legal practice and experience of not less than 10 years. Possess a strong proven track record and deep understanding of project finance transactions, Project Agreements and Financing agreements. Must possess strong initiative, as well as excellent management and leadership skills and strong business acumen, including the ability to organize and manage human resources to attain goals. Must possess experience in providing legal counsel to the Board of Directors, Chairman of the Board, Chief Executive Officer and other members of senior management. Ability to communicate and function in a culturally diverse and change oriented setting. Excellent verbal and written communication skills in English. Reviewing, under strict deadlines, long and complex transactions and other legal documents; Negotiating skills and capacity to work with other professionals including nonlegal professionals to develop innovative solutions. Project finance/commercial/M&A QUALIFICATIONS LLB/BProc Degree Admitted Attorney/Advocate Added advantage-- Qualification in accountancy and finance, business and management CIPC qualification Best standard environmental, social and ethical policies GOVERNANCE Exco Strategic Projects Forum KEY STAKEHOLDERS Shareholders Chief Officers: Ensure alignment and consistency with overall corporate strategy Legal Companies External Fund Managers Third-party service provider Board COMPETENCIES THOUGHT LEADERSHIP: Developing strategies/ Providing insights; Generating ideas; Exploring possibilities; Examining information; Adopting practical approaches MARKET LEADERSHIP: Developing expertise; Challenging ideas; Interacting with people; Understanding people; Seizing opportunities; Managing tasks BUSINESS LEADERSHIP: Pursuing goals; Taking action; Upholding standards; Managing tasks; Seizing Opportunities PEOPLE LEADERSHIP: Making decisions; Empowering individuals; Challenging ideas; Directing people; convincing people; Interacting with people PERSONAL LEADERSHIP: Embracing change; Thinking positively; Showing composure; Understanding people; Valuing individuals; Team working REPORTS TO CHIEF EXECUTIVE OFFICER Preference may be awarded to previously disadvantaged individuals Please email your CV directly to trafalgar@trafalgarrecruitment.co.za T R A F A L G A R R E C R U I T M E N T 072 678 2382 #J-18808-Ljbffr