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“The role of a General Counsel today, is not only restricted to analysis of legal implications and advising the corporate but also warrants playing a large role in aiding business” – S. Hemalatha, EVP Legal & Compliance, NCDEX

“The role of a General Counsel today, is not only restricted to analysis of legal implications and advising the corporate but also warrants playing a large role in aiding business” – S. Hemalatha, EVP Legal & Compliance, NCDEX
THE PROFESSIONAL TRIUMPH
Briefly, tell us about your role in the organization and the mandates you handle?

Am heading the legal, arbitration and compliance functions of National Commodity & Derivatives Exchange Limited (NCDEX), a leading online commodity Exchange in India regulated by SEBI under the Ministry of Finance.

Tell us something about your journey so far as a General Counsel in India?

I started off as a practicing advocate and after about six years of practice, worked as in-house counsel of a nationalized Bank for about six years. In 2004, joined NCDEX as one of the founding team members. As a practicing advocate, was handling government matters besides insurance and Bank cases. As in-house counsel of the Bank, was in-charge of all legal matters concerning two zones, Greater Bombay and rest of Maharashtra. At NCDEX, have been handling all legal matters including policy, structuring processes and related documentation, statutory compliances of all nature, litigation and arbitration. Currently, also in charge as head of compliance and looking after SEBI required compliances as well can proudly say that as far as litigation is concerned, which though less in number, but quite complex and complicated, have had a success rate of almost 100 per cent. Feel proud that I have been part of the company in its initial stages of establishing itself which involved liasoning with the government for policy and legislative changes required. Thereafter, have been part of its growth period and also difficult times. This gives a wonderful perspective of the business and the related probabilities.

Do you feel that the role of General Counsels is evolving in today’s business scenario? And if so, how?

Yes very much. The role of a General Counsel today, is not only restricted to analysis of legal implications and advising the corporate but also warrants playing a large role in aiding business. The legislations in place today involve fine interpretation to meet commercial needs and a balance has to be struck between what we want and what is possible within the framework. Also the General Counsel is also required to take it further by suggesting and facilitating engaging with the authorities or the government and the Regulatory bodies for effective functioning and compliance requirements. The authorities also many time understand the need of the hour and help us in achieving optimum possibilities.

What are the key challenges that General Counsels have to deal with on a regular basis, irrespective of the industry sector?

Of course, the growing business needs which sometimes are not facilitated by the legislations and framework in place particularly niche business. At such times, the General Counsel has to at time, take the lead and suggest new structures to be put in place and also defend legal recognition therefor.

What are your thoughts on improving synergies between law firms and corporate in-house legal teams?

There has to be a healthy interaction between in- house counsels and the law firms. The efforts are required from both sides. While the in-house Counsel has to take into account the legal implications pointed out by the lawyers which might make things difficult, there is a duty on the lawyers to understand the commercial needs of the Corporate and to take proactive steps to suggest alternatives within the legal framework. This is not to imply that the lawyers have to find loop holes, but that they can suggest alternatives and facilitate negotiations and business deals even in litigation matters. I am seeing lot of development in this area in Mumbai and would be glad to find such change happening in the rest of the country.

What are some of the key tools that General Counsels can use for continued learning education (CLE)?

Increased participation in workshops involving important matters such as new legislations, policy structures of the government would help. Also, keeping oneself updated with the latest in the legal fraternity and the legislation space even if it does not involve one’s own field of current employment would add value in case of sudden and unanticipated business developments.

Any advice for someone exploring a legal career as an in-house counsel?’

My personal advice is to stay the time required to learn the maximum and then look for any change in employment if desired and not to jump at offers without a long term goal. This helps in gaining domain knowledge. Any knowledge gained would help in later years if gained well.

THE CASUAL YOU

Favourite Gadget – i pad
Favourite App – WhatsApp
Favourite Automobile Brand – Beetle
Favourite Writing Instrument – Penci
Favourite Holiday Destination – Himalayas
Favourite Cuisine – South Indian vegetarian

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