My current role in Bentley Systems India Private Limited (“Bentley /Company”), as Indian Legal Counsel, is broadly categorized into managing commercial as well as corporate affairs of the Company. On commercial front, I am heading over-all contract management, involved in structuring commercial transactions, drafting, negotiating closing on software license agreements and related matters maintenance and support agreements and other related transactional matters on solution selling transactions. I have been actively involved in working PSU tenders and working closely with system integrators, owner-operators, resellers as well as channel partners. On the corporate front, I am handling and managing matters pertaining to over-seeing regular corporate and statutory compliances issues in Asia South and South East Asia Region.
I started my professional career working with AZB & Partners, New Delhi in 2004 Where I got a great exposure of working in corporate legal environment, learning the nuances of transactional work, enhancing my research abilities. In 2010, while working in AZB, I got an opportunity to work as a legal advisor, on secondment, with a multinational company for a year. In this role, I managed day to-day legal affairs of this organization and interacting very closely with Finance, IT, Human Resources and other departments It was only during this period that I developed a clear understanding of what is expected from a role of an in-house counsel and I decided to pursue my career as an in-house counsel. I joined Bentley in 2011.
Today, the General Counsels have much more responsibilities and are expected to provide practical, compendious, non-legal jargon- laden advice to the Company. GCs are expected to not just provide legal advice but also be involved in the business decision making. Alignment with global and local policies and with local the local laws is critical for MNCs. The alignment of the legal department with business strategies of the Company has gained considerable significance in present corporate environment. Also, in the current complex regime of regulatory and corporate compliances, the General Counsel is expected to ensure high standards are maintained for corporate and regulatory compliances in a cost-effective manner.
One of the major challenges of a General Counsel is to bring in the culture of compliances within a organization which is focused primarily in achieving the sales targets. Risk identification (on legal as well commercial matters), taking on board all the key stakeholders and ensuring that proper steps are taken to mitigate legal and commercial risks within the legal framework and in sync with company’s policies and guidelines is of key significance. Another challenge is to manage day to day regulatory and compliance matters in a cost-effective manner.
Since In-house Counsels are engaged in multiple transactions, the law firms can play a key role in helping the in-house counsel take key decisions on matters which require extensive research and legal opinion. Also, law firms can play a greater role in advising organization’s legal department on regulatory compliance management systems and developing appropriate tools and best practices.
For any person wishing to pursue his or her role as in-house counsel, I think understanding the business of the organization is of key importance. In-house counsel is not only expected to discharge the roles in legal capacity but also has a great responsibility of ensuring the that the legitimate expectations of business are taken into consideration without exposing the organization to legal risks.
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