Head of Legal Compliance

The Function General Manager - General Counsel and Head of Compliance Management, Secretarial and Corporate Affairs MBMY, MBPLAP is primarily responsible for organizing and steering the local cross-functional Team of local Compliance and Legal Specialists focusing on Mercedes-Benz Compliance Programs as well as Legal matters connected to all business activities of Mercedes-Benz Mercedes-Benz Malaysia Sdn. Bhd., Mercedes-Benz Services Malaysia Sdn Bhd and Mercedes-Benz Parts Logistics Asia Pacific Sdn. Bhd. (Mercedes-Benz Malaysia).

The Function must closely cooperate with the different stakeholders (local business partners, in particular) and advise them on all Legal and Compliance issues at Mercedes-Benz Malaysia. Those include but are not limited to issues arising from the distribution, financing and leasing of Mercedes-Benz passenger Cars as well as after-sales and other connected services.

The Function must ensure adequate reporting to HQ counterparts in Germany and make sure that corporate requirements (particularly initiatives, programs and guidelines from IL), are applied locally, in accordance with local laws and regulations.

That means in detail:

• To head the Legal, Compliance, Secretarial and Corporate Affairs department in the companiesy.
• General Counsel (MBMY, MBPLAP, MBTMY, MBSM, MO, Region Overseas Experience Center, Regional Corporate Security for APAC, Regional Training Center, HR Shared Services).
• Head of Compliance Management (MBMY, MBPLAP, MBTMY, MBSM, MO, Region Overseas Experience Center, Regional Corporate Security for APAC, Regional Training Center, HR Shared Services).
• Head of Secretarial Division for MBMY and MBPLAP.
• Data Protection Officer MBMY and MBPLAP.
• Head of Corporate Affairs for MBMY.
• Head of Internal Control System (ICS) Manager MBMY, MBPLAP

JOB DESCRIPTION

(a) General Counsel for MBMY and MBPLAP, Head of Secretarial and Corporate Affairs - (MBMY, MBPLAP, MBTMY, MBSM, MO, Region Overseas Experience Center, Regional Corporate Security for APAC, Regional Training Center, HR Shared Services).

• Strategizing, consulting and deciding on legal solutions with various business units on day to day operational topics with all business unit within the companies to enable the smooth and efficient daily operations on the following areas of law: corporate, customs, tax, contract, competition/antitrust, consumer protection, data protection, tort, sale of goods, employment mergers & acquisition, employment, product liability, damages and compensation.
• Advicing, strategizing, designing legal frameworks, enabling and influencing the Board of Directors, Management and business units on key decisions, operational topics, company strategy, products and services of the company for the wholesale, retail, dealer network and all hub-functions in the company.
• Preparation of Board Meetings, statutory compliance for corporate secretarial matters.
• Developing, communicating and implementing safeguards and risk management measures to ensure legal conformity to all domestic and international laws to minimize probability of exposure to the Company.
• Advising and developing solutions and processes for all business units for new products, business models and services to be launched in the Mercedes-Benz network in Malaysia.
• Representing the Company as the Head of Legal in any legal, government and secretarial matters.
• Drafting and negotiating legal contracts and agreements and developing framework agreements for supply of goods and services.
• Managing and providing solutions for all issues from the retail of Mercedes-Benz vehicles including supporting authorized agents for any sales transactions.
• Representing the company's interests in legal Courts and tribunals balanced with the need to win a satisfactory result.
• Managing the legal budget of the department, deciding on appointment of external lawyers, instructing the external lawyers on the defence of litigation and tribunal disputes in Malaysia.
• Developing, organizing and conducting trainings such as antitrust, data protection, general contract and other legal relevant trainings.
• Negotiating with external customers and advising the business on customer disputes, legal suits and tribunal cases
• Managing the legal team including developing and implementing engagement entities in accordance with the company's strategy and policies.
• Providing trainings for legal and compliance awareness

(b) Head of Compliance Management for Passenger Cars and Spare Parts in Malaysia (MBMY, MBPLAP, MBTMY, MBSM, MO, Region Overseas Experience Center, Regional Corporate Security for APAC, Regional Training Center, HR Shared Services).

• Assume ultimate responsibility for ensuring that the responsible companies conduct their businesses in compliance with Integrity Code, and internal compliance policies.
• Ensure that framework of the compliance in Trade Compliance (anti-bribery & corruptions, anti-money laundering, sanctions, trade and export controls), anti-bribery & corruption, anti-money laundering, data compliance, technical compliance, and social compliance in the responsible companies are sufficient and effective according to the global policy and local legal requirements.
• Ensure control environment within the responsible companies are in place with clear vision of the company, tone-from-the-top direction, and sufficient common understanding among staffs.
• Facilitate periodical assessment of general compliance risks and assess ad-hoc compliance incident risk.
• Provide company-wide access to necessary compliance information and communicate to all staffs to increase integrity and compliance awareness in the responsible companies.
• Monitoring effectiveness of compliance measures and activities.
• Ensuring sufficient existing compliance control activities including policies, guidelines, and procedures.
• liaise with relevant government authority on personal data protection and data security.
• Personally handle complex compliance issues and supporting investigations with potential compliance concerns as they arive, including whistleblower cases (BPO) - if involved by investigating unit, and local compliants if involved by HR.

(c) Head of Internal Control System (ICS) Manager for MBM and MBPLAP

• Assume core responsibility for Internal Control System (ICS) management of the responsible companies and report to CFO, group ICS organization, internal auditor, and external financial.
• Periodically initiates assessment and review of the financial, integrity and compliance related processes and procedures in responsible companies across various departments to ensure that its assets are protected and that company activities are conducted in accordance with the organization's policies and procedures.
• Identify and mitigate the ICS risks across the various departments in the responsible companies.
• Communicate, raise awareness, and train relevant staffs regarding ICS.

(d) Board of Management Advisory

• Advising the Board of Directors and the Management in implementing effective corporate governance policies and new laws and regulations.
• Appointing, instructing and managing the Company Secretary on statutory compliance of company laws, execution of resolutions, annual general meetings and filing of mandatory documents for Mercedes-Benz Malaysia and Mercedes-Benz Parts Logistics Asia Pacific.
• Preparation of annual board meetings in accordance to the internal policies and Companies Act.

Education Level/Training

• Qualified Specialist in Law with a Bachelor's Degree in Law or Qualified Specialist in Compliance with an advanced degree in business administration or management from a recognized university or college
• Certificate in Legal Practice - Legal Professional Qualifying Board of Malaysia
• Admitted as an Advocate and Solicitor to the High Court of Malaya
• Corporate Secretarial and Administration knowledge
• Data protection laws

Experience

• Minimum 8-10 years working experience in a law firm as an Advocate and Solicitor or as head of Legal and/or Compliance in a corporate setting.
• Having corporate, commercial or general litigation experience or related compliance expertise.
• Experience in AML/CFT, Anti-Bribery and Corruption (ABC), Data Compliance and/or risk management related experience.
• Drafting, reviewing, negotiating and advising on a wide range of legal documents, including contracts, legal templates and legal opinions, communication especially to higher management.
• Providing trainings, working in a multicultural and diverse environment, high level of integrity.
• Experience in handling customer disputes and automotive related issues.
• Relationship builder and strong ability to collaborate experience building successful partnerships and influencing stakeholders and colleagues, with direct authority, to drive projects forward.
• Experience managing a team of lawyers and team.

Specific Knowledge/Skill

• Verbal and written communication skills: (both in English and Bahasa Malaysia).
• Management and Leadership skills, including the ability to articulate Mercedes-Benz standards and expectations as outlined in the relevant policies and codes, and ensure that these are applied consistently to the local situation.
• Demonstrate ability to simplify complex ideas, tell a compelling story using data, and create and deliver compelling presentations for senior leadership.
• Strong communications and facilitation skills.
• Analytical thinking and results-oriented.
• Strong project management capability.