Senior Counsel, Capital Markets in Toronto

Provides legal advice and services to BMO Capital Markets' client-focused high-performing Commodities business that operates globally in a dynamic trading and regulatory environment. The candidate would support the business with a focus on:

• Obtaining legal opinions from external counsel in new jurisdictions.
• Working closely with the BMO Legal Team and the line of business to negotiate documents that govern commodities-related transactions including financing (loans, leases, consignments, prepaid forwards, deferred payment forwards), derivatives, trading of physically settled energy, metals, and agricultural commodities, storage and transportation, supply and offtake agreements and give up agreements.
• Working closely with the BMO Legal Team and the line of business on other metals-related capital markets initiatives and policies.
• Supports the Capital Markets business based on knowledge of legal principles, practices and procedures, and knowledge of the financial services industry and its environment.
• Influences and negotiates to achieve business objectives. Works to achieve organizational goals while minimizing legal risk.

Responsibilities Include:

• Delivers legal advice, instructs external counsel and ensures compliance with internal policies and procedures.
• Drafts and negotiates commodities documentation including OTC derivative confirmations, leases, consignments, confidentiality agreements, collateral agreements, and ancillary documentation.
• Participates in the design of legal advice strategies and approaches for capital markets activities and making recommendations to minimize legal issues, create efficiencies and contribute to growth.
• Operates at an enterprise-wide level and serves as the prime subject matter expert and a specialist resource to senior leaders and other internal/external stakeholders (including sales and trading, tax, corporate banking and cross-business risk) on relevant laws, regulations and policies.
• Identifies, exercises judgment and resolves complex, confidential and sensitive matters.
• Makes recommendations to senior leaders on strategy and new initiatives, based on an in-depth understanding of the business/group.
• Resolves daily issues and/or escalates with appropriate analysis and/or recommendations.
• Implements areas of improvement to ensure consistency with marketplace.

Geographic scope: up to global, with assistance of local counsel in each jurisdiction. Applies expertise and thinks creatively to address unique or ambiguous situations, identify risks and mitigants, and finds solutions to problems that can be complex and non-routine. Implements changes in response to shifting trends. Broader work or accountabilities may be assigned as needed.

Qualifications:

• Typically, 7 years of legal practice or an equivalent combination of education and experience.
• Legal practice expertise in contract law, OTC derivatives, and inventory finance.
• Ability to draft and negotiate commercial contracts.
• Preferred contract experience includes (i) commodities leases, consignments, loans, purchase and sale agreements, master trading agreements, storage agreements, deposit agreements, inventory agreements, and transportation agreements, and (ii) OTC commodity derivatives documentation including ISDAs, CSAs, control agreements, confidentiality agreements, collateral agreements, risk participation agreements, give-up agreements, confirmations and ancillary documentation.
• Degree in law (LLB or JD) and license to practice law in relevant jurisdiction.
• Knowledge in legal field, typically with a functional or business line specialization.
• Knowledge of business and regulatory environment in which BMO Financial Group operates.
• Strong organizational skills and ability to prioritize wide variety of matters simultaneously.
• Negotiation skills - In depth / Expert.
• Verbal and written communication skills - In-depth / Expert.
• Analytical and problem solving skills - In-depth / Expert.
• Influence skills - In-depth / Expert.
• Collaboration and team skills; with a focus on cross-group collaboration - In-depth / Expert.
• Results-oriented, driven and self-motivated with a commitment to excellence.
• Seasoned professional with a combination of education, experience and industry knowledge.