Counsel - Fund Servicing

5 months ago

Dublin, Ireland THE BANK OF NEW YORK MELLON CORPORATION Full time

Bring your ideas. Make history. 
BNY Mellon offers an exciting array of future-forward careers at the intersection of business, finance, and technology. We are one of the world's top asset management and banking firms that manages trillions of dollars in assets, custody and/or administration. Known as the “bank of banks” - % of the world’s top banks work with us as we lead and serve our customers into the new era of digital. 

With over years of rich history and industry firsts, BNY Mellon has been built upon our proven ability to evolve, lead, and drive new ideas at every turn. Today, we’re approximately , employees across countries with a culture that empowers you to grow, take risks, experiment and be yourself. This is what LifeAtBNYMellon is all about. 

We’re seeking a future team member for the role of Counsel to join our Legal team. This role is located in Dublin – hybrid.

Team Description: (Overview of the team)

The Legal Affairs Department provides legal advice to the various lines of business operated by BNY Mellon in Ireland, including the Dublin Branch of BNY Mellon SA/NV our European Bank headquartered in Brussels. The Legal team is predominantly based in Dublin.

The core business is asset servicing: BNY Mellon is the largest custodian and second largest fund administrator and in the funds industry in Ireland and the legal department supports the business with respect to a wide range of Irish and non-Irish client funds.

The primary functions of the Legal Affairs Department include:

advice on all custodial/trustee/fund administration issues;  negotiation and settling of Custody and Fund Administration Agreements and all ancillary agreements;  analysis of implications of EU and domestic legislation and regulations affecting the business of BNY Mellon in Ireland;  Structuring of specialist funds, reviewing and drafting of all fund documentation to include prospectuses, constitutional documentation and material contracts; reviewing IT contracts, maintenance/licence agreements and other service contracts. Advice on Irish and EU regulatory requirements, corporate governance, Fitness & Probity, anti-money laundering and other regulatory matters as they arise

Due to the underlying businesses, the Ireland legal team works closely with both the EMEA Asset Servicing legal team. The EMEA Asset Servicing legal team provides legal services to the EMEA Asset Servicing (“AS”), Broker Dealer Services (“BDS”) and Alternative Investment Services (“AIS”) lines of business. The main team is based in London but works closely with colleagues across EMEA. The London based team also includes coverage of Treasury Services as well as Banking and Payments more generally.

Job Purpose: (What the job role involves)

You will have responsibility for advising on fund administration and global custody documentation; certain depositary issues, settlement and ancillary matters across different markets and asset classes. Assisting and at times leading on legal negotiations and advising business colleagues, including at senior levels. Advising the business on regulatory change, liaising with regulatory legal team and others on topical matters such as outsourcing, resiliency, the Individual Accountability Framework and SEAR. 

You will work with other lawyers in the EMEA Legal department, and jurisdictional specific lawyers, to deliver a high standard of legal advice that is tailored to BNYM’s business models. 

Responsibilities: (Key parts to the job role)

The position involves reviewing and advising on:

Global Custody and Depositary Agreements and associated documentation; Documents relating to other services provided by AS business; Advise and prepare documentation in relation to internal and external outsourcing by AS business, including Operations; Contract implementation issues including conducting ongoing review and updating of BNYM standard form agreements; Strategic project and product development work; Assisting the business on regulatory issues where necessary, including maintaining an awareness and understanding of existing and proposed regulatory requirements, trends and best practices in EMEA and where applicable, the US.; Instruction of external counsel (including assistance with analysis and collation of advice from such counsel); Providing timely advice and assistance to the business, risk and compliance partners; Assistance with the development of formal training sessions for business colleagues on relevant topics, documentary standards/policies/market industry issues/legal issues; and Supporting knowledge sharing within the legal team.

Key relationships / stakeholders:

Head of EMEA AS legal BNYM ASD business Compliance & Ethics, including CASS Compliance; Public Policy & Regulatory Affairs (within EMEA Legal); Risk Management; Network Management and Network Legal Functions;  EMEA wide legal team; and Global legal AS team

Requirements; (what we are looking for)

The successful candidate will report into the Head of Legal in Ireland and have to years PQE with a legal background in the funds industry with exposure to custody businesses preferable. Preferred technical skills and experience include: 

In-house legal funds and/or transactional banking operational experience at a global financial institution; Working experience of custody and market infrastructure arrangements; Knowledge of applicable local and EU legislation and regulation; Regulatory knowledge including CASS, AIFMD, UCITS, MIFID I/II; Experience managing outside counsel; Experience of interactions with wider business/risk/compliance colleagues; Demonstrable ability to quickly analyse problems and to devise and deliver appropriate solutions; and Flexible and adaptable working style to react to changing priorities.

The candidate should also have:

Excellent interpersonal and communication skills; Excellent drafting and negotiation skills;  Strong organisation skills; Adept problem solving skills – ability to identify practical solutions; Flexible and adaptable working style to react to demanding workload and changing priorities; Self-motivation to drive delivery against objectives – ability to work autonomously; Customer orientation & specifically a willingness to learn and to cultivate good working relationships with internal clients;  Experience in balancing commercial flexibility and risk management; and A willingness to work as part of a team and help out on all matters.

At BNY Mellon, our inclusive culture speaks for itself. Here’s a few of our awards: 

Fortune World’s Most Admired Companies & Top for Diversity and Inclusion  Bloomberg’s Gender Equality Index (GEI) , Disability: IN – % score  Best Workplaces for Innovators, Fast Company Human Rights Campaign Foundation, % score Corporate Equality Index CDP’s Climate Change ‘A List’

Our Benefits: 

BNY Mellon offers highly competitive compensation, benefits, and wellbeing programs rooted in a strong culture of excellence and our pay-for-performance philosophy. We provide access to flexible global resources and tools for your life’s journey. Focus on your health, foster your personal resilience, and reach your financial goals as a valued member of our team, along with generous paid leaves that can support you and your family through moments that matter. 

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