Agents and other intermediaries
Produced in partnership with Joanna Dimmock of White & Case
Agents and other intermediaries

The following Corporate Crime practice note Produced in partnership with Joanna Dimmock of White & Case provides comprehensive and up to date legal information covering:

  • Agents and other intermediaries
  • How an agent may put a commercial organisation at risk
  • Steps a business should take
  • Principle 1—proportionate procedures
  • Principle 2—top-level commitment
  • Principle 3—risk assessment
  • Principle 4—due diligence
  • Principle 5—communication (including training)
  • Principle 6—monitoring and review

An agent is a person who performs services for or on behalf of a commercial organisation. The use of agents will principally create risk under the Bribery Act 2010, s 7 (BA 2010), (failure of a company to prevent bribery).

See Failing to prevent bribery.

Commercial organisations are:

  1. bodies incorporated under the law of any part of the UK that carry on a business anywhere

  2. any other bodies corporate that carry on a business or part of a business in any part of the UK

  3. partnerships formed in the UK that carry on a business anywhere, or

  4. partnerships formed anywhere that carry on a business or part of a business in the UK

Business includes a trade or profession.

How an agent may put a commercial organisation at risk

An agent is a person who performs services for or on behalf of a commercial organisation. Agents are therefore associated persons within the meaning of BA 2010 (in force since 1 July 2011).

Whether a person is an agent is to be determined by reference to all the relevant circumstances and not merely the nature of the relationship between the two parties. Note that subsidiaries and employees may all be associated persons.

If an agent bribes another person intending to obtain or retain business, or an advantage in the conduct of business for the commercial organisation, the commercial organisation will be guilty

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