About the Job
Must be licensed to practice law in the District of Columbia.
The Director of Legal Affairs is responsible for managing the delivery of risk-informed legal counsel and legally-informed business counsel to FINCA International’s programs, operations, and units regarding gifts, grants, collaborations and transactions, and on matters related to fundraising and philanthropy. This position requires significant experience advising section 501(c)(3) tax-exempt organizations on the appropriate structure, documentation, and execution of charitable giving vehicles (such as legacy gifts, charitable trusts, and donor-advised funds) and financial transactions and collaborations (such as strategic partnerships with public and private sector partners, grant-making and impact investments). This position requires significant experience advising on rules and regulations applicable to public charities and philanthropy, including charitable solicitation law, nonprofit corporation law, and state and federal tax laws regulating charitable giving.
This position reports to the President & CEO of FINCA International.
- Provides advice to the Board of Directors, President & CEO and other management and staff on FINCA’s obligations as a tax-exempt charitable organization and New York not-for-profit corporation.
- Provides advice on legal issues to all levels of management and staff of the organization and applicable subsidiaries, including on the legal aspects of activities within their assigned areas such as charitable projects, human resources, taxes, insurance, intellectual property, grant funding and inter-company agreements.
- Manages the institutions legal activities to protect the organization’s interest and minimize risk.
- Prepares and manages the annual budget for the legal unit.
- Develops policies, procedures and compliance programs.
- Responsible for monitoring trademark practices and intellectual property protection.
- Drafts, negotiates, and reviews term sheets, agreements, grants, guarantees, and other legal documents as needed.
- Provides legal representation and oversees litigation of the organization in any legal action initiated by or against it.
- Reviews corporate documents for compliance with legal requirements, and ensures they remain current with applicable law.
- Provides advice to the development department on grant and fundraising issues, including registration and compliance and grant documentation.
- Selects and manages both out-side counsel and pro-bono support.
FINCA is the majority shareholder of FINCA Impact Finance, a microfinance organization that carries out the FINCA mission in twenty countries, reaching nearly 2 million clients. FINCA Impact Finance and its operating subsidiaries each have their own general counsels, which the FINCA Director of Legal Affairs will be expected to closely coordinate with on shareholding, program, intellectual property and other matters as needed.
The Director of Legal Affairs is the sole legal officer for FINCA. As such, he or she must be comfortable undertaking or overseeing all legal work for the organization.
- Must be licensed to practice law in the District of Columbia.
- J.D. with at least 8 years of legal experience
- Extensive experience (through significant law firm and/or in-house experience) providing risk-calibrated advice to public charities on legal issues related to fundraising, grantmaking, planned giving, donor-advised funds, and vehicles for tax-efficient charitable wealth transfer required.
- Demonstrated success structuring, negotiating, and executing complex strategic partnerships, gifts, grants, joint ventures, impact investments, and other transactions on behalf of tax-exempt organizations required.
- Experience advising section 501(c)(3) organizations on general tax compliance and nonprofit advocacy preferred.
- Experience advising section 501(c)(3) organizations on legal issues arising from international operations, programs, and fundraising activities preferred.
- Strong client service skills and demonstrated ability to resolve problems creatively and effectively; to identify underlying issues in complex situations; to recognize patterns and trends; and to apply relevant expertise and experience to diverse legal questions.
- Leadership skills, seasoned judgment, high integrity, and the ability to learn quickly, gain credibility, and influence the organization. The successful candidate must be confident and collaborative, with strong interpersonal skills, and must have the capacity to develop productive relationships at all levels, establish trust, and provide thoughtful counsel.
- Exemplary written and oral communication skills, including the ability to summarize issues and make recommendations in a clear, concise manner. Excellent listener. Highly attentive to detail in all communications.
- Demonstrated ability to work effectively under pressure, juggle competing priorities, manage projects, organize time and identify resources for projects.
- Ability to make decisions, justify recommendations, and be responsive to staff requests for legal guidance in a timely and diplomatic manner.
- Ability to handle sensitive and confidential issues
- Highly collaborative and collegial working style well-developed sense of humor, and the ability to work cooperatively with diverse teams of legal and nonlegal professionals.
- Fluency in English required; other language capability strongly preferred, particularly Spanish
Founded in 1984, FINCA International (FINCA) is a 501(c)(3) not-for-profit corporation headquartered in Washington, DC and registered in the State of New York. FINCA is the founder and majority shareholder of FINCA Impact Finance (FIF), one of the largest global networks of community-based microfinance institutions and banks that operates across 20 countries, provides services to more 2.3 million low-income customers annually.