Background
Search Light is a leading search firm engaged by HSBC
Responsibilities
epartment : GR Purchasing (South and East Asia)
Role Purpose (overall high level summary of the role)
* To protect HSBC against legal risk by ensuring appropriate contractual protection against vendor failure/default;
* To protect HSBC against reputational risk by ensuring the adoption of professional purchasing /ethical standards;
* To implement model contracts for use at national and international levels e.g. service agreements, supply agreements, professional services agreements, e-commerce terms and conditions, international software licensing agreements etc;
* To maximize HSBC Group’s purchasing power, achieving best value for money in the external sourcing of goods and services by contractual and legal risk mitigation;
* To be responsible for the drafting and review of best in class purchasing policy and procedures, vendor management policy, travel policy and other relevant policy documentation across GSC Purchasing sites;
* To ensure high level of Compliance with the departmental and other applicable policies
* To guide and manage Purchasing Audits
* To share best practice solutions across the GSC’s and the wider HSBC Group;
* To provide professional contracts negotiation, drafting and legal advice to the GSC Purchasing units in different geographies;
* To analyse supplier contracts to identify commercial and legal risks and provide timely advice to mitigate potential risks;
* To establish a strong network with the Group Legal teams, and other GSC and Group departments and ensure that contracts entered into with external suppliers are made in full compliance with HSBC standards and applicable laws;
* To ensure that Model Contracts and Policy and Procedures manuals are in line with Group Purchasing standards and recommendations;
* To reduce risk to HSBC by creating, developing and proactively managing a database of contracts of various GSCs and ensuring that the contract management process is adequately guided by this database.
* To interact with Group Contracts, Legal and Purchasing teams to ensure that benefits of Group arrangements are maximized
Principal Accountabilities
* End to end negotiation of IT and non-IT contracts with external suppliers on behalf of HSBC from a legal perspective.
* Contractual negotiations achieving commercial benefits whilst seeking maximum protection for HSBC.
* To ensure that wherever possible, Group Contract templates are used for all procurement transactions and to minimize the use of the Vendor's contract template.
* To ensure Business Area satisfaction by concluding contracts with favourable provisions to HSBC. Ensuring turn around of contract related matters in a timely manner.
* Review of policy documentation to take into account changing purchasing, regulatory and legal environment and to ensure that Purchasing staff are briefed on the implications and opportunities arising out of changes in these areas.
* To improve GSC Purchasing policies and standards e.g. update and publication of Policy and Procedures manuals; ethical and environmental standards to be adopted by suppliers, contractual standards and risks mitigation;
* To review and update standard contract templates from the Group in line with local requirements and network with local legal teams within the Group and external counsel to ensure that all GR countries are adequately protected
* To provide on an ongoing basis training and development of Purchasing team on legal and contractual matters relating to the supply of goods and services by formal and informal and continuous discussion based trainings;
* Management of Operational Risk – To continuously reassess the operational risks inherent in the business, taking account of changing economic or market conditions, legal and regulatory requirements, operating procedures and practices, management re-structuring and impact of new technology.
* By addressing any areas of concern in conjunction with line management and/or the appropriate department.
* By ensuring that all audit issues are addressed satisfactorily and forecasting any future issues to mitigate further findings.
* By ensuring that the Contracts Database is properly managed and Purchasing teams are apprised in order to ensure proper contract management.
* To implement and maintain required databases and systems within the Purchasing department
* Identification and implementation of applicable legal and regulatory requirements and best in class purchasing procedures/policy/ practice
* Research, networking with colleagues across the Group within Purchasing and Legal
Major Challenges (The challenges inherent in the role that require a continual test of the role holder’s abilities)
* To handle a high volume of contracts of a complex nature and to exercise sound judgement in dealing with the changing legal framework affecting contracts e.g. Transfer of Undertakings, Competition, Arbitration, Sale of Goods Act, Intellectual Property, labour laws etc..
* To understand complex user requirements for various Purchasing activities of the GSCs
* To maintain an up to date knowledge of applicable legislation affecting commercial contracts.
* To maintain and manage audit findings and recommendations satisfactorily and to ensure that repeat and obvious future findings are avoided.
* To ensure strict compliance of all policy requirements
Role Context (The environment and operating conditions of the role including the extent of guidance and authority)
Global Resourcing is a key strategic initiative of the HSBC Group for centralising back office and voice related operations of Group entities from around the world. Global Resourcing is a major contributor to the Group Strategic Plan of improving the cost income ratio of its businesses.
Global Resourcing’s expansion continues with increasing rapidity. Pressures of space increase the need for a fast but robust process for bringing new sites into service.
The jobholder is responsible for drafting, negotiating and managing contracts irrespective of the financial limits. The jobholder is also responsible for compliance with policies and other such requirements.
The jobholder must provide guidance, provide intellectual challenge from a legal perspective to GSC Purchasing Managers and team.
The job holder is guided by the Head of Purchasing, Group Standards Manual and Group Operations FIM, GR FIM and local laws and regulations in each country.
The jobholder identifies, recommends, and determines GSC procurement policy requirements and communicates such approved policy and procedural matters to the GSC Purchasing Managers and their teams.
Management of Risk (GHR / FIM requirements)
To abide by the Group Compliance Policy by containing risk in conjunction with the relevant Compliance Department. The term compliance embraces all relevant laws, rules and codes with which the business has to apply.
To continually re-assess the operational risks inherent in the business, taking account of changing economic or market conditions, legal and regulatory requirements, operating procedures, management restructures, and the impact of new technology in conjunction with the Group companies.
Observation of Internal Controls (GHR / FIM requirements)
To maintain HSBC internal control standards, including the timely implementation of internal and external audit points together with any issues raised by external.
Role Dimensions (e.g. balance sheet size, lending or expenditure limits, size/volume of transactions, budget, etc. in USD’000)
The job-holder reports directly to Head of Purchasing GR. The Contracts Role will provide a highly specialist, contractual, commercial and professional advice service, negotiating and letting contracts on behalf of every Division of the GSCs and its subsidiaries on a consultancy basis.
The jobholder will provide specialist support and advice amongst others to the Head of Purchasing GSCs and her direct reports and the Purchasing Managers located across the various GSCs.
The jobholder will be required to interface with external suppliers up to Managing Director level and internally up to Head of GSC Functional level or above.
The jobholder is required to liaise with local legal support, Group Legal, Compliance, Data Protection, Security, Finance, Insurance, Tax, Compliance and IT Security departments to ensure that the Purchasing Department remains up dated on legal, data protection, security, insurance, and tax issues etc.
Many of the demands from the GSC Businesses are time critical with very short notice to react, requiring a fast response and disciplined approach to avoid risks (delay or a wrong answer may cost HSBC substantial sums of money so balanced judgement under pressure is essential).
Education / Relevant Experience / Other Qualifications (e.g. Knowledge, Skills, Professional Qualifications required)
(For the role – not the role holder. Minimum requirements of the role)
* Minimum Bachelors Degree in Law from a premier institution such as the National Law institutes, Symbiosis, GLC Mumbai.
* A Masters Degree in Law with specialization in Corporate Laws would be an added advantage
* A minimum five – seven years post qualification experience in Contracts and Contracts Management and the negotiation, letting and administration of high value commercial supply contracts, preferably in more than one role and across a wide range of products and services. Experience in working across various geographies will be essential.
* An up to date knowledge of laws relating to the contracts, supply of goods and services and the ability to apply skill and judgement in the application of such knowledge in order to ensure that adequate risk control and management measures are in place.
* Ability to draft legally binding documents clearly and precisely with a fine attention to detail.
* Excellent communication skills, both verbal and written, to enable effective communication at the most senior levels
* The ability to analyse contract/legal risk and to explain and present complex findings in practical terms both written and orally to a wide range of internal customers.
* Capacity and ability to handle a high volume of contracts accurately within short timescales
* Be a highly skilled contracts negotiator able to argue points with supplier's senior management and legal counsel.
* Be able to maintain working relationships with suppliers and colleagues at all levels.
* Possess excellent analytical and influential skills.
* Possess strong business and commercial awareness.
* PC based skills covering MS Word, Excel, Access and Powerpoint, Lotus Notes.