Audi Ajax, Ontario, Canada
Jan 09, 2018Full time
General Counsel - VCC000004 Primary Location: Canada-Ontario-Ajax Description As the captive finance company of the Audi, Ducati and Volkswagen brands in Canada, VW Credit Canada, Inc., also known as Audi Finance and Volkswagen Finance, is a wholly owned subsidiary of VW Credit, Inc. Audi Finance and Volkswagen Finance offers a wide range of leasing, retail financing and protection plans expertly tailored to meet the needs of our Customers. Additionally, we provide commercial financing products to Audi and Volkswagen Dealers to support expanding dealership capabilities and enhancing overall operations. ROLE SUMMARY This position has overall responsibility for managing the Legal, Federal and Provincial Regulatory Environment, and Corporate Secretarial functions for VW Credit Canada, Inc. with functional responsibility for all related activities in Canada, and assuring that the activities of inside and outside counsel conform to an appropriate strategic focus. The position leads, manages, and mentors the respective legal team. In these roles, the position is a key member of the Executive leadership team as one of the CFO’s direct reports and serves as Secretary of the Corporation and its numerous special-purpose entities required to facilitate the securitized funding of the Corporation’s portfolio. The General Counsel role serves as the most senior legal advisor to VCCI. The position has responsibility for the overall direction of the legal and regulatory affairs of the Corporation to provide maximum protection of its legal rights and to ensure that its business is conducted in accord with all legal requirements and consistent with all corporate policies. This position participates in strategic development, protects the Corporation’s competitive position, and enhances shareholder value through management and direction of all legal services. The incumbent is expected to be an active “business partner”. ROLE RESPONSIBILITIES Accountable for the legal, regulatory, and corporate governance matters of VCCI, an automotive finance company that provides financing and leasing to consumers and wholesale floor plan lending to Volkswagen, Audi and Ducati dealers throughout Canada. Provide legal counsel and guidance to the VCCI leadership team, senior management, and employees on all matters affecting the company’s business, while managing own team of legal professionals. Serve as the legal lead on key governing committees (e.g., Leadership Team; Legal Committee, Governance Committee; Retail Credit Committee). Serve as Corporate Secretary and legal counsel to VCCI and its Board of Directors; and act of Secretary to the corporation’s special purpose entities, ensuring corporate governance and proper bookkeeping. Provides legal guidance to ensure compliance with the numerous provisions and regulations in place in Canada as well as Privacy & CASL related requirements. Advise on complex corporate deal structures, license approval processes, company policies and procedures, and contract negotiation strategies. Provide internal legal services to VCI’s Treasury Department for structured finance borrowings in Canada, including asset-based securitizations and all required regulatory filings. Provide legal guidance to VCCI management in regards to wholesale lending transactions (Floorplan, Mortgage & Capital loans) including risk mitigation strategies and enforcement of security in case of default. Provide legal guidance in regards to marketing and the marketing of ancillary insurance-type and protection products Analyze the merits of litigation filed against or on behalf of the Corporation and work with the appropriate business leaders to define a strategic defense and recommend settlements when in the Corporation’s best interest. Direct and supervise all corporate legal activity of outside counsels in support of the interests of VCCI. Establish and manage internal and external relationships with outside counsel, consultants, government agencies, trade associations (such as the Canadian Finance & Lease Association) and other interest group. Provide information to and closely cooperate with counterparts at Volkswagen Financial Services AG in matters of mutual interest. Direct all significant litigation, arbitrations, and other material disputes, including retention of outside counsel, making or approving key strategic legal decisions, and approving settlements. Ensure proper reporting and disclosure of all disputes. Serve as primary legal advisor for legal auditing matters, and ensuring proper disclosure of all legal, compliance, and other provisional matters consistent with securities laws, regulations, IFRS guidelines, and VCCI corporate guidelines. Qualifications Experience 10+ years of experience in Canadian automotive and/or automotive finance related areas as a lawyer in private practice or as in house counsel. Education LL.B/J.D. Degree from an accredited law school in Canada with a top tier standing Active membership in the Law Society of Upper Canada or any other provincial Law Society DESIRED: Extensive knowledge of Quebec’s Civil Code and related provincial regulations DESIRED: Knowledge of Insurance related regulations and legal environment Specialized Skills, Knowledge Law Degree from a top law school and strong academic record Licensed to practice and in good standing with the ability to practice in Ontario Heightened familiarity with consumer disclosure/ protection landscape and the legislative requirements and challenges in Canada Strong communication skills – Listening, Verbal and written Ability to transform legal requirements into efficient operational processes Analytical and conceptual thinking – using logic and reason, creative and strategic Influencing and proven negotiation skills Problem solving DESIRED: Bilingual – Written, Spoken and Read (English & French) DESIRED: Ancillary Insurance product regulatory environment expertise Additional information: Audi Finance and Volkswagen Finance is committed to providing accommodations for people with disabilities during all phases of the hiring process including the application process. If you require an accommodation because of a disability, we will work with you to meet your needs. Applicants need to make their needs known in advance. If you are selected for an interview and require an accommodation, you are encouraged to advise the Recruiter who will consult with you to determine an appropriate accommodation.