Senior Legal Consultant
Mezzan Holding Company KSCP
Total years of experience :28 years, 0 Months
Drafting, reviewing of Real Estate, Telecommunications, Services & Hospitality Contracts& Documents& Advising on Concerned Issues
• Negotiating, reviewing& executing all Real Estate, Telecommunications& Hospitality Agreements and all legal documents such as share transfer, construction, merger and requisition for the Group and its hospitality and touristic division, resorts, vacation clubs and entertainment centers and investments in hospitality sector in GCC, Malaysia, India, USA and Europe for touristic developments and entertainment projects. Participated in negotiation and drafted a letter of Understanding for a residence hotel in a preliminary step before the management agreement, preliminary sale agreements of vacant plots of lands for a development of a touristic project between a US Resort Company and the Group.
Handling All Legal, Contractual& Compliance Issues
• Negotiating, reviewing& drafting, all Group’s Agreements such as NDA’s, Sales/Purchasing Sub-Contracts, Consulting, Licensing, Master Agreements, Franchising, Construction, Banking& Finance, Agencies, Distribution, Commercial, Training, Partnership, Joint Venture, Shareholder, Lease, Investment, and Labor& Employment Agreements and review& modify them as per proposed terms and conditions from the Clients, if in the interest of the Group.
• Preparing Corporate documents for the establishment of new companies such as Memorandum/Articles of Association& related documents.
• Handling local and int’l law suits and arbitral procedures filed by or against the Group.
• Participated& handled arbitral procedures and hearing before the ICC, Geneva, and drafted concerned pleadings e.g. arbitration request, memorials, witnesses statements needed for the case for the claiming of an amount of Millions US Dollars.
• Advised on income Tax imposed on the foreign companies income in Kuwait representing the Group as their local Agent.
• Handling all issues for the protection of Intellectual Property Rights Laws and registration of Trademarks, Trade names and Protection of Copyrights of the Group.
• Managing and looking after all legal issues, risk and compliance related matters of the Group and its subsidiaries in Kuwait and out of Kuwait.
• Advising and providing legal advice to the management on various legal issues and compliance matters.
• Attending& representing the Group’s meetings, prepare and circulate agendas to all officials of the Group and to circulate all decisions to all departments.
• Negotiating and finalizing all agreements and contracts on behalf of the Group with external parties to ensure that it meets all legal obligations to protect Group’s interests.
• To Serve as the point of contact for customers on all contractual matters and to provide redlined recommendations and often negotiate directly with customers/clients, attorneys, financial and purchasing staff until consensus has been reached.
• To maintain all contractual records and legal documentation, legal correspondence, customer contact information, contractual changes, status reports and other legal documents for all projects.
• To develop and implement procedures for management in compliance with Group policy and procedures and maintain awareness of developments in all legal fields and local regulations to ensure that they are in compliance with all statutory requirements, in order to minimize contractual or legal risk for the Group.
• To Monitor competitive terms& customer satisfaction with terms& conditions, contracting practices. Recommend changes& Ensure contract close-out, extension or renewal.
• To ensure that signed contracts are communicated to all parties to provide contract visibility and awareness, interpretation to support implementation.
• Providing external lawyers legal analyses of the cases, defense points, comments on their memos or the other party’s memos and to follow and review progress of outstanding litigation and liaise with to save the Group interest
Key Assignments:
• To advice and draft/execute/review/approve and modify all kind of Contracts, Agreements MOU, Articles of Associations, POA/LOI/RFP/ RFQ and other concerned legal documents, as per proposed terms and conditions to get the maximum benefit, arising from Mezzan Holding Group (KSC) and subsidiaries/affiliates based in Kuwait, Qatar, UAE, KSA, Iraq, Jordan, and Afghanistan;
• Handling issues relating to protection of Intellectual Property Rights and registration of Trademarks, Trade names and Protection of Copyrights of the Group;
• Negotiating and finalizing all agreements and contracts on behalf of the Group with external parties to ensure that it meets all legal obligations to protect Group’s interests;
• To check external companies legal statues online at the chamber of commerce and to check, confirm and approve the documents such as articles of associations, trade/commercial registrations& licenses and approved authorized signatories certificates and IDs for the signature of the agreements/contracts/LOI/MOU/POA etc.;
• To draft and issue termination letters relating to the agreements/contracts/LOI/MOU and other letters regarding any transactions whenever required by the Group or any subsidiary to save their rights and interests in order to minimize contractual or legal risk;
• Recommending for changes in Contracts for extension or renewal already signed to save the Group’s rights and interests in order to minimize contractual or legal risk and to be communicated to all relevant parties to provide contract visibility and awareness, interpretation to support implementation;
• Serving as the point of contact for customers on all contractual matters and ensuring timely review and approval of all Contracts without any delay or risks to the Group and maintaining all contractual records and documentation, customer contact information, contractual changes, status reports and other legal documents;
• To interpret both existing and proposed new legislation, Government guidance and case law affecting the Group business its functions and recommend necessary changes;
• To regularly attend and provide expert legal advice to the Group and its subsidiary/affiliate, as may be required on all legal issues relating to the concerned portfolio;
• To deputize Group Legal Chief in day-to-day management of Legal Dept. including budget authorization and by attendance at internal working and liaison meetings as required;
• Working on Share-Transfer& Subscription Agreement and Shareholders Agreements for three major acquisition projects with association of Int’l Law Firms and Leading Local Law Firms in Kuwait, UAE and KSA relating to acquisition and transfers of shares for Mezzan Holding Group Company (KSC) of Kuwait as major shareholder;
• Recently, completed a big Project of KD. 3-Million for a group subsidiary for designing, supply, erect and commissioning of the plant for used oil re-refining to purchase a new oil refinery for its factory in Industrial Shuaiba, Kuwait. My works include to review all documents received from the Contractor, drafted the Agreement based on quotation as amended from time to time, drafted the Performance Guarantee Agreement, Bank Guarantees for Advance and Performance Payments, address and reply to any legal comments from the Contractor and advised to the Group accordingly to finalize the Agreement with consideration all technical, financial and legal aspects and attended a number of meetings and conference calls with KLOC and the Contractor to discuss and finalize the issues under legal framework;
• Dealing with local law firms and int’l law firms in an efficient and cost-effective manner while obtaining external legal advice as required by the Group for major Projects whenever required in Kuwait and other countries time to time;
Key Assignments:
Reporting: Reporting directly to Chairperson& CEO.
• Drafting, reviewing, advising, negotiating, participating and finalizing of all kind of Services, Hospitality, Industrial and Telecommunication Agreements/Contracts and all other concerned legal documents such as share transfer, construction, merger and equisation for the Group.
• Participated& handled arbitral procedures and hearing before the International Chamber of Commerce(iCC), Geneva, Switzerland and drafted concerned pleadings e.g. arbitration request, memorials, witnesses statements, and all other documents and things needed for the case for the claiming of an amount of Millions US Dollars.
• Prepared Corporate documents for the establishment of new companies such as Memorandum of Association/Articles of Association, share agreements, negotiable instruments and other related documents.
• Advised on income Tax imposed on the foreign companies income in Kuwait representing the Group as their local Agent..
• Advising on the Intellectual Property Rights Laws and registration of Trademarks, Tradenames and Protection of Copyrights.
• Prepared claims and the defense for the Group against various companies.
Advising
• Advising on all kind of Projects, participating in negotiations and finalizing of Projects for the sigining of the new Project Agreements/Contracts or other concerned legal documents and renewal& amendments of the old Projects, whenever required.
• Providing legal advice to the company its associates & subsidiaries, clients, contractors, subcontractors, purchasers& suppliers and to deal with all local& int’l manufacturers, suppliers and distributors on all parts of the business& transaction including HR, services &functions with providing legal advice in support of contracts, tenders, procurement& RFP etc. To review ongoing legal issues& cases and advice to the management accordingly. To liaise with all departments and divisions of KNETCO to ensure that where legal risks have been identified and appropriate courses of action have been taken. To provide legal protection and risk management advice to management especially on contract management. Review and advise management on legal implications of internal policies and procedures of KNETCO.
Negotiating
• Negotiate, review and draft documentation for business transactions and prepare and advise on the necessary checklist to be adopted to ensure information is submitted on time. Negotiating non- complex contracts or participating in negotiations for higher complex contracts to ensure Company's objectives are met where the Company has committed itself and assess legal implications that need to be brought to the executive management’s attention. Coordinating settlement of disputes with third parties including contractors, subcontractors, vendors, suppliers, and manufacturers under the supervision of top management.
Regulating Compliance
• Invastigating the facts to determine the causes of action. Formulating compliance check-lists to be used for the purpose of ensuring that all information, is provided accordingly. Continuously monitor compliance with statutory obligations to advise accordingly.
Handling
• All Labor& HR related legal issues like termination, resigning, absconding, annual leave and end of service etc. as per the regulations of Kuwait Labor Law No.6/2010. Handling investigation of issues and complaints related to staff, violation of Executive Regulations and oversee and manage dispute litigation involving company operations.
Following External Lawyers/Law Firms
• Providing external lawyers/law firms legal analyses of the cases, defense points, comments on their memos or the other party’s memos and to follow and review progress of outstanding litigation and liaise with and manage external lawyers/law firms to save company’s interest against any legal battle with the third party.
KEY ASSIGNMENTS:
• Reviewed, drafed, and revised all sorts of Contracts& Agreements, Articles of Association, Memorandums of Association, Letters of Intent/MOU, Request For Proposals(RFP), Power of Attorneys and all legal correspondence.
• Advised on corporate, commercial, banking& Islamic finance, tax, real estate& property, labor& employment and trademark registration for local& int’l clients.
• Prepared& Drafted for transfers, merger and acquisition of the companies.
• Drafted of various financial and investment agreements for its transactions and establishment of various investment funds such as value added and core funds, product and real estate funds, hedge& equity funds and global funds etc.
• Prepared& drafted of Shari’ah based contracts for Islamic investment such as Mudaraba, Murabaha, Musharaka, Ijara, Istisna, Sukuk, Takaful and Wakala etc. Preparing& Drafting of Partnership& Strategic Agreements.
• Drafted corporate agreements for & assume the duties for the establishment of Public Shareholding, Closed Shareholding& Limited Liability Companies.
• Reviewed statutes, opinions and legal documents and applying the correct legal principles, determining the potential consequences of a proposed action and presenting facts and legal conclusion in a clear and logical form with preparing and presenting written and oral legal opinions with the knowledge of local and international legislations and jurisprudence.
• Conducted research, witness, and handles other details in preparation for trial..
• Prepared legal motions, briefs, arguments and testimonies and participated in negotiations, mediations and conciliations for any legal issue.
• Followed up many cases pending adjudication in various jurisdictions.
KEY ASSIGNMENTS:
• Reviewed, drafted and revised all sorts of Contracts& Agreements, Articles of Association, Memorandums of Association, Letters of Intent/MOU, Request For Proposals(RFP), Request For Qualifications(RFQ), Request For Quotations(RFQ) Request For Tenders(RFT), Power of Attorneys, all legal correspondence and documents and handled litigations for all kind of transactions and operations of the Group and its subsidiaries.
• Reviewed, prepared& revised all labor& employment contracts for KRH, KBH, BIG, KEH and, REH and enforcing the terms and conditions therein as per Kuwaiti Labor Laws and advised on income tax in view of overseas investment and their Avoidance of Double Taxation Treaties.
• Advised and prepared for the protecting Intellectual Property Rights of the Group and its subsidiaries such as Trademarks/Brand names and handled independently all Trademarks and Trade Names Registration locally and internationally and participating in mediation, conciliation and arbitration.
• Excellent knowledge of corporate, commercial, banking& Islamic finance, tax, foreign investment, labor& employment, real estate& property, intellectual property rights and other relevant laws and strong knowledge of all aspects of relevant corporate and commercial legislation.
• Provided advice& consultation on the legal aspects of the business concerning any legal issue, highlighting legal defaults and implications and to recommend related changes, amendments and regulations and to protect Group’s and its subsidiaries interest through overseeing and safeguarding the legality of the business operation.
• Prepared cases summaries for the clients and represented Group to law firms, supervised and coordinated the quality and cost of legal services provided by law firms and overseas counsels for its overseas offices in GCC and overseas travel as required by the Group time to time.
KEY ASSIGNMENTS:
• Advising local and international clients for incorporation of all kind of companies.
• Reviewing, drafting and revising all sorts of contracts, articles of association/memorandum, letters of intent/MOU.
• Advising overseas clients on foreign investment laws (law No.8 of 2001 Direct foreign investment in the state of Kuwait/Resolution No. (1/1006) 2003).
• Advising foreign companies on income tax in view of their country's Avoidance of Double Taxation Treaties.
• Advising the local and overseas clients on Intellectual Property Rights, their registration, Renewal and Maintenance of the Inventions, Trademarks, Trade Names, Copyrights and Patents locally and internationally.
• Excellent knowledge in corporate, tax, foreign investment, labor, intellectual property rights and other relevant laws and extreme knowledge of all aspects of relevant corporate and commercial legislation and advising under such laws.
• Participating in negotiation of contracts and dispute resolutions e.g. mediation, conciliation and arbitration.
• Conducting legal studies, research and analysis and compliance with all legal activities, laws and new regulations.
• Organized and confident to work independently and assuming any other responsibilities assigned time to time beyond normal hours, as required.
• Providing advice and counselling on controllership with regard to transactions& legal support to business regarding contract interpretation and guidance.
Int'l legal representation for working in association with leading Law Firms of the world, specially from USA and Europe, media relation for the promotion of the Firm, implementing strategies and policies for the firm.
Participated, in Arbitration hearing under ICC, Geneva, in “AUTUMN CONFERENCE” at Palermo ( Italy ) held by Eu-Lex Int'l Practice Group, in Conferences held by IBA, London .
Highlights:
Team Building, Leadership Quality, Negotiatiative, Logistical, Analytical Thinking & Problem Solving.
KEY ASSIGNMENTS:
• Advised local and international clients, NGOs, Embassies etc. on corporate, , business, tax, investment, labor, intellectual property rights and other laws.
• General corporate practice and compliance with all laws and regulations.
• Reviewed, drafted& revised agreements& contracts, articles of association, memorandum of association, letters of intent/MOU etc.
• Aggressive add, publications& media relations for business enhancement.
• Liaised with overseas clients& firms and handled various other assignments.
Performed all administrative duties independently of the firm.
Highlights:
Team Building, Leadership Quality, Negotiatiative, Logistical, Analytical Thinking & Creative Problem Solving.
KEY ASSIGNMENTS:
(1) Independently handled all legal matters relating corporate, labour and other civil&criminal upto Delhi High Court and drafted pleadings, commercial documents and agreements for local and International clients.
(2) Advised local and foreign companies on Arbitration and dispute Matters and liasing them with International Dispute Resolution Organisations, if disputes are not settled amicably by the Parties.
(4) Advised local and international clients on intellectual property rights under Indian Intellectual Property Rights Law and handled registeration, renewal and maintenance of the inventions, trademarks, tradenames, copyrights and patents
(5) Prepared and drafted all kind of claims for both Indian and International companies in both local and international jurisdiction.
(6) Participated in many arbitration hearings in India and drafted pleadings, arbitration request, memorials, witness statements and all other documents and things needed for the matter.
(7) Participated and represented my law firm in India in a conference on World Trade Organisation Agreements.
(8) Made research on various economic problems of the Under Developed Countries such as administration and poor management in resources mobilization.
(9)Worked as a research member in a Non-Governmental Organisation and conducted research on economic and legal issues specially economical and legal problems faced by the under developed countries.
(10) Published many articles in Indian English Newspapers on "IMPACTS ON INDIAN ECONOMY OF FOREIGN COMPANIES PARTICIPATION" in India.
(11) Published an article "The Plight of Indian Muslims: A Study of the Socio-Cultural Problems of Muslims in India" under 'The Muslim Minorities Proceddings of the International Conference of WORLD ASSEMBLY OF MUSLIM YOUTH (WAMY), Riyadh, KSA.
Highlights:
Team Building, Leadership Quality, Negotiative, Logistical, Analytical Thinking & Creative Problem Solving.