29 Aug
|
M3M India Private
|
Gurugram
29 Aug
M3M India Private
Gurugram
The Head – Legal owns the entire legal, litigation, regulatory and compliance agenda of the group.
We are specifically looking for a candidate with demonstrated experience of managing crisis situations, complex and strategic litigation, and enquiries or proceedings before investigative and enforcement agencies. Composure under scrutiny, sound judgement and the ability to hold a transparent line with the board, the business and outside counsel simultaneously are the defining requirements of this position.
3. Key Responsibilities
3.1 Strategic Legal Leadership & Advisory
- Own the legal, litigation, regulatory and compliance function for M3M India and all its group entities, subsidiaries, joint ventures and special purpose vehicles.
- Act as principal legal advisor to the Managing Director, promoter group, board and senior management; participate in strategic decision-making as a member of the senior management team.
- Advise on the legal and regulatory implications of business plans, project launches, funding structures, joint ventures, platform deals and exits before commitments are made, not after.
- Structure transactions and entities in a manner that is commercially efficient, defensible before regulators and consistent with the group’s risk appetite.
- Set up and continuously improve legal systems, processes, delegation of authority, escalation matrices, document standardisation and legal MIS reporting.
3.2 Regulatory Investigations, Enquiries & Crisis Management A core requirement of this position. The successful candidate must have handled these matters personally, at a senior level, and be able to speak to that experience in detail.
- Enforcement and investigative agencies: lead the group’s response to enquiries, summons, notices, searches, seizures, attachments and proceedings involving the Directorate of Enforcement (ED) under the Prevention of Money Laundering Act, 2002 and the Foreign Exchange Management Act, 1999, and comparable matters before the Income Tax Department, Serious Fraud Investigation Office, Economic Offences Wing, Central Bureau of Investigation, Registrar of Companies and state police authorities.
- Preparedness: build and maintain protocols for handling searches, inspections and summons — document custody and retention, privilege, first-response teams, escalation, witness and employee briefing, and coordination between locations.
- Representation and defence strategy: design the defence strategy, brief and manage senior counsel, oversee replies to summons and notices, appearances, and proceedings before the Adjudicating Authority, Appellate Tribunal, High Courts and the Supreme Court of India.
- Crisis management: take charge as legal lead in crisis situations — enforcement action, regulatory censure, project stoppage, third-party or homebuyer agitation, insolvency threats, criminal complaints against the company or its officers, and reputational or media-sensitive events.
- Coordination: work closely with the promoter group, finance, corporate communications, statutory auditors, forensic advisors and external counsel so that the organisation speaks with one voice and the legal position, public position and regulatory filings remain consistent.
- Governance and reporting: keep the board and senior management accurately and promptly informed of exposure, probable outcomes, timelines and mitigation options,
without overstatement in either direction.
- Prevention: strengthen anti-money-laundering, benami, related-party, KYC, source-of-funds and record-keeping controls so that transactions withstand later scrutiny; drive remediation of issues identified through enquiries or internal review.
3.3 Litigation, Arbitration & Dispute Resolution
- Own the end-to-end litigation portfolio of the group — civil, criminal, commercial, consumer, revenue, taxation, employment, land and title, and writ matters.
- Devise litigation strategy for strategic and high-value matters; decide when to contest, when to settle and when to escalate, and take the call to the board with a clear recommendation.
- Appear or instruct across the Supreme Court of India, High Courts, National Company Law Tribunal, RERA authorities and appellate tribunals, District and Sessions Courts, Consumer Commissions, Debt Recovery Tribunals, Competition Commission of India, National Green Tribunal and revenue authorities.
- Handle domestic and institutional arbitration — construction and contractor claims, development and JDA disputes, shareholder and JV disputes, lease disputes, recovery and damages claims.
- Manage criminal matters and proceedings involving the company and its officers, including quashing petitions, anticipatory and regular bail, complaints under Section 138 of the Negotiable Instruments Act, cheating and misappropriation allegations, trespass and defamation.
- Build and run a litigation management system: case tracking, provisioning and contingent liability inputs, hearing discipline, counsel briefing standards, outcome analysis and root-cause correction of recurring disputes.
- Select, empanel, negotiate fees with and hold accountable external counsel, senior advocates and law firms; control legal spend against budget.
3.4 Land Acquisition, Title & Development
- Oversee legal due diligence on land acquisitions — title chain, revenue records, mutation, encumbrances, litigation history, land use, ceiling and tenancy issues, acquisition and notification risk.
- Advise on collaboration agreements, joint development agreements, development management arrangements, area-sharing and revenue-sharing structures, and land aggregation through intermediaries.
- Manage licensing and approval matters under the Haryana Development and Regulation of Urban Areas Act, 1975 and comparable state legislation, along with change of land use, layout and building plan approvals, and zoning and Town & Country Planning requirements.
- Handle matters arising from land acquisition proceedings, compensation and enhancement claims, Punjab Land Preservation Act and forest or environmental restrictions, and rights-of-way and access disputes.
3.5 Contracts & Commercial Documentation
- Own the contracting framework of the group — templates, playbooks, fallback positions, approval thresholds and turnaround standards.
- Lead negotiation and closure of construction and EPC contracts, consultant and architect appointments,
project management and facility management agreements, marketing and channel partner arrangements, and vendor and service contracts.
- Oversee customer-facing documentation — allotment letters, builder-buyer and apartment buyer agreements, sale deeds, conveyance, possession and handover documentation — with strict alignment to RERA-prescribed requirements.
- Handle commercial and retail leasing and licensing, anchor and brand agreements, revenue-share arrangements, and hospitality operator and management agreements.
- Advise on financing and security documentation, escrow arrangements, guarantees, refinancing, and lender and investor covenants; support investor, private equity and platform transactions, including due diligence, definitive documents and post-closing obligations.
- Protect and enforce the group’s intellectual property, particularly its brand and project marks, and manage related proceedings.
3.6 Regulatory Compliance & Governance
- Ensure compliance across the applicable regulatory landscape — the Real Estate (Regulation and Development) Act, 2016 and state rules, the Companies Act, 2013, FEMA and foreign investment conditions, environmental clearances and the Environment (Protection) Act, 1986, building codes, fire and structural safety, labour and industrial legislation, and municipal and local body requirements.
- Design and run a compliance programme with clear ownership, periodic certification, dashboards and audit trails; drive closure of gaps rather than merely reporting them.
- Maintain the group’s code of conduct, anti-bribery and anti-corruption, insider and related-party, conflict of interest, whistleblower and POSH frameworks, and oversee investigations under them.
- Manage engagement with government departments, regulators and authorities — factually, on record and within a defined authorisation framework.
- Oversee or closely coordinate with the secretarial function on board and committee processes, statutory registers, filings and disclosures.
3.7 Risk Management
- Maintain a live legal risk register for the group and each project, with quantified exposure, ageing and mitigation ownership.
- Conduct legal risk evaluation of new projects, land parcels, partners and counterparties before commitment, including counterparty background and integrity checks.
- Provide inputs on contingent liabilities, provisioning and disclosure to finance and auditors, and support statutory, internal and forensic audits.
- Track legislative, judicial and regulatory developments affecting real estate and advise the business on their practical consequences ahead of time.
3.8 Team Leadership & Business Partnership
- Build, structure, mentor and retain a high-calibre in-house legal team organised by vertical; set goals, review performance and develop successors.
- Institute training for legal and business teams on contracting discipline, documentation hygiene, regulatory obligations and conduct during inspections and enquiries.
- Partner with sales and CRM, projects and execution, finance, land, liaison, marketing, HR and corporate communications so that legal input arrives early and in usable form.
- Frame internal policies, SOPs and delegation of authority for legal matters, and hold the organisation to them.
Exceptional Candidates may reach out to +91-(phone hidden)
📌 Head LegalM Gurgaon (Gurugram)
🏢 M3M India Private
📍 Gurugram