Team Member Legal - Corporate Affairs_SUPPORT SERVICES_0618_1504_1075520

Kotak Mahindra Bank · Mumbai

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Role Overview:

To provide comprehensive legal support for the Commercial Real Estate business by ensuring legal due diligence, title verification, security creation, documentation, regulatory compliance, and risk mitigation for lending transactions. The incumbent will work closely with business, credit, operations, external counsels, and developers to facilitate timely and legally compliant disbursement of CRE facilities.

Key Responsibilities: 

• Conduct legal due diligence and title verification for Commercial Real Estate (CRE) lending transactions, including review of ownership documents, chain of title, encumbrances, project approvals, permits, statutory compliances, and land records. 
• Review and evaluate Title Search Reports (TSRs), Legal Scrutiny Reports (LSRs), and Due Diligence Reports prepared by external counsels, identify title gaps and legal risks, and provide recommendations on the acceptability of collateral and risk mitigation measures. 
• Review, draft, negotiate, and vet financing and security documents including loan agreements, mortgage deeds, escrow agreements, assignment agreements, pledge documents, guarantees, indemnities, undertakings, and other transaction-related documentation. 
• Provide legal support and risk assessment for CRE financing transactions including construction finance, lease rental discounting (LRD), acquisition financing, structured real estate transactions, and other secured lending facilities. 
• Evaluate legal risks associated with proposed transactions and recommend appropriate transaction structures, security packages, covenants, and conditions precedent to safeguard the Bank's interests. 
• Ensure timely creation, perfection, registration, stamping, and enforceability of security interests, including mortgages, charges, assignments, and other collateral arrangements. 
• Ensure adherence to applicable RBI regulations, internal credit and legal policies, prudential lending guidelines, KYC/AML requirements, and other regulatory requirements governing real estate financing transactions. 
• Review compliance with applicable statutory and regulatory requirements, including provisions under RERA, SARFAESI Act, Transfer of Property Act, Registration Act, Companies Act, Insolvency & Bankruptcy Code (IBC), Contract Act, Stamp Duty laws, environmental regulations, and local development authority regulations.
• Monitor compliance with legal, regulatory, and documentation requirements prior to disbursement and throughout the lifecycle of the facility, and identify potential compliance gaps and remedial actions.
• Track evolving RBI guidelines, legal precedents, and regulatory developments impacting the real estate and lending ecosystem, and recommend appropriate changes to policies, processes, and documentation standards.

Job Requirements:

• Master/Bachelor’s degree in Law (LL.B.) from a recognized university; LL.M. and Bar Council enrolment preferred. 
• 10-14 years of relevant experience in Legal functions within Banks, NBFCs, HFCs, Real Estate Funds, or reputed Law Firms handling Commercial Real Estate (CRE) and structured lending transactions.
• Strong experience in legal due diligence, title verification, review of Title Search Reports (TSRs), Legal Scrutiny Reports (LSRs), and assessment of property-related risks for real estate-backed financing transactions. 
• Sound knowledge of financing documentation, security creation, mortgage perfection, charge registration, escrow mechanisms, assignment structures, and collateral enforcement processes.
• In-depth understanding of laws and regulations governing real estate and banking transactions, including RERA, SARFAESI Act, Transfer of Property Act, Registration Act, Companies Act, Insolvency & Bankruptcy Code (IBC), Contract Act, Stamp Duty laws, and relevant local land and development regulations.

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