General counsel and corporate governance director | Banesco Banco Múltiple
Joan Francisco Alba Méndez
General counsel and corporate governance director | Banesco Banco Múltiple
How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?
One of the pillars of our legal strategy is to support the broader business strategy by ensuring a robust review of contracts and ensuring that proper provisions are included. In this sense, both in material and non-material contracts, the legal department ensures that adequate business continuity and contingency clauses (BCP) are included. In addition, the legal department supports the Business Continuity and Contingency Departament in reviewing the service provider’s BCP plans and ensuring that proper clauses are included to guarantee that such BCP plans will be executed, audited and will guarantee the service provider’s resilience in any force majeure event.
What are the main cases or transactions you have been involved in recently?
The most recent relevant transaction is the acquisition of Banesco Seguros, an affiliate company of Banesco Banco Múltiple. I participated in this transaction in my capacity as member of the Legal Corporate Unit. This transaction allowed me to deepen my knowledge of the insurance sector and participate in the negotiation of the Share Purchase Agreement, its ancillary documentation and in the execution of Banesco’s post-closing obligations.
What emerging technologies do you see as having the most significant impact on the legal profession in the near future, and how do you stay updated on these developments?
Without a doubt, Generative Artificial Intelligence. Even though generic models are not specifically trained to adress legal matters and they rely on information available on the Internet, they are tremendously powerful in researching legal matters and providing sound answers (while not always correct). The precision of AI will only get better everyday as models in general become more powerful and particularly legal specific models start to broaden. The bank is currently evaluating case uses for AI, and while legal cases have not been initially selected for not having a direct and tangible impact on the cost to income ratio, I have been assigned a Google Gemini paid license. I have initially used it for reviewing bylaws and corporate documents to identify a company’s legal representative and to research general law matters, and have been surprised about the current state of the technology.
How do you prioritise diversity and inclusion within your legal department, and what initiatives have you implemented to foster a more inclusive and equitable work environment?
In the legal department, we have not directly implemented a policy, but rather have operated on a bias free and merit based recruitment process. This has resulted in a 5 person team composed exclusively by women, some of which are mothers of toddlers and also a young student. These were selected among a group of candidates composed of both men and women, in which women candidates showed superior hard and soft skills for the position, and the bank was able to accommodate to their specific situations. The young student was offered a reduced schedule until she finishes university studies and the mothers are granted unlimited leaves to attend family and health situations as long as their performance is not affected.