Job description for a corporate lawyer

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Job description for a corporate lawyer. Full document

Occupational Safety and Health

Occupational Safety and Health / Job descriptions

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I. General Provisions

A corporate lawyer belongs to the category of specialists.
A person who has a higher professional (legal) education, work experience as a legal adviser at least (3 years; 4 years; etc.) is appointed to the position of a corporate lawyer.
A corporate lawyer should know:

regulatory and methodological materials regulating the production and economic activities of the enterprise;
profile, specialization and features of the structure of the enterprise;
civil, business, commercial, administrative, labor, financial, tax and other branches of legislation;
arbitration procedural, civil procedural law, fundamentals of criminal procedural law;
office work standards for legal documents;
the structure of state bodies, local self-government bodies, judicial bodies;
the order of systematization, accounting and maintenance of legal documentation using modern information technologies;
basics of administration;
ethics of business communication;
economics and organization of production, labor and management;
fundamentals of labor legislation;
rules and regulations of labor protection.

Appointment to the position of a lawyer and dismissal from office are made by order of the head of the enterprise.
The corporate lawyer reports directly to the head of the enterprise.
During the absence of a lawyer (business trip, vacation, illness, etc.), his duties are performed by a person appointed in the prescribed manner. This person acquires the appropriate rights and is responsible for the improper performance of the duties assigned to him.

II. Official duties

Corporate Lawyer:

Carries out the development of constituent documents; ensures the registration of legal entities, issues of valuable shares, amendments to constituent documents; coordinates the work on keeping registers of shareholders (by third parties); determines the legal framework of the enterprise's bodies (develops regulations on the powers of the General Meeting, on the board of directors, on the board, on the audit commission, etc.); develops regulations on transactions related to the acquisition or alienation of property; coordinates transactions with the company's shares; determines the legal framework for the dividend policy at the enterprise and coordinates it.
Organizes work: to provide the enterprise with laws, regulatory legal documents necessary for the implementation of the enterprise's activities; on accounting and maintaining bases of normative legal acts.
Provides subdivisions of the enterprise, individual specialists with regulatory legal acts necessary for the implementation of their functions and duties.
Carries out: verification of compliance with the legislation of draft orders, instructions, regulations and other documents of a legal nature submitted for signature to the head of the enterprise; verification of compliance with the stages of approval of draft documents with responsible employees; approval of draft documents; issuance of instructions to the responsible employees of the enterprise on the introduction of amendments or cancellation of acts due to changes in legislation.
Conducts contract work at the enterprise: determines the forms of contractual relations; develops draft contracts; checks compliance with the legislation of draft contracts submitted to the enterprise by counterparties; takes measures to resolve disagreements on draft agreements; provides notarization and (or) state registration of certain types of contracts.
Analyzes contract work at the enterprise, develops programs for its revision and change, checks the status of contract work in the structural divisions of the enterprise.
Conducts claims work at the enterprise: ensures the accounting of claims received from contractors, their consideration; prepares responses to claims received and adopts draft decisions on satisfaction or refusal to satisfy claims received; prepares claims against counterparties, sends them to counterparties and monitors the satisfaction of claims submitted to counterparties.
Conducts claims work: takes measures to comply with the pre-arbitration procedure for the settlement of contractual disputes; prepares statements of claim and materials and submits them to arbitration courts; examines copies of statements of claim on claims against the enterprise; ensures the maintenance of a data bank on claim work; represents the interests of the company in arbitration courts.
Prepares applications, statements and other documents for obtaining licenses, permits necessary for the implementation of the enterprise's activities.
Takes part in the development of documents related to the issues of ensuring the safety of the property of the enterprise (contracts on liability; instructions establishing the procedure for the receipt and acceptance of material assets at the enterprise, accounting for their movement; instructions for accounting for the release and sale of finished products, etc.); checks and approves contracts on material liability of employees.
Checks the legality of the dismissal and transfer of employees, the imposition of disciplinary sanctions on them.
Represents the interests of the enterprise during inspections carried out at the enterprise by state control and supervisory authorities for the purpose of legal control over compliance with procedural actions by the inspectors, the validity and correctness of the conclusions of the inspectors, the registration of the results of inspections and the preparation of procedural documents.
Represents on behalf of the enterprise in state supervisory bodies authorized to consider cases of administrative offenses identified at the enterprise; prepares and sends complaints against the actions of officials of state supervisory bodies, against unlawfully imposed administrative penalties on the enterprise.
Provides written and oral advice to employees of the enterprise on various legal issues, provides legal assistance in the preparation of legal documents.

III. Rights

A corporate lawyer has the right to:

Request and receive from the structural units information, reference and other materials necessary to fulfill the duties stipulated by this Job Description.
Conduct independent correspondence with state, municipal and judicial authorities on legal issues.
Represent the enterprise in accordance with the established procedure in public authorities, other institutions and organizations, on legal issues.
Give structural subdivisions and individual specialists binding instructions on legal issues.
Take measures when violations of the law are found at the enterprise and report these violations to the head of the enterprise in order to bring the perpetrators to justice.
In agreement with the head of the enterprise, involve experts and specialists in the field of law for consultations, preparation of conclusions, recommendations and proposals.
Get acquainted with the documents that define his rights and obligations in his position, the criteria for assessing the quality of performance of official duties.
Submit proposals for improvement of the work related to the responsibilities provided for in this instruction for consideration by the management.
Require the management of the enterprise to ensure the organizational and technical conditions and execution of the established documents necessary for the performance of official duties.

IV. A responsibility

The Corporate Lawyer is responsible for:

For improper performance or non-performance of their official duties provided for by this Job Description - within the limits established by the current labor legislation of Ukraine.
For offenses committed in the course of their activities - within the limits established by the current administrative, criminal and civil legislation of Ukraine.
For causing material damage to the enterprise - within the limits established by the current labor and civil legislation of Ukraine.

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