Q&As

Am I allowed to pay or receive a commission under anti-bribery legislation?

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Published on LexisPSL on 10/03/2016

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • Am I allowed to pay or receive a commission under anti-bribery legislation?
  • Payment of commissions

Please note, this Q&A only considers UK bribery legislation.

Payment of commissions

We refer you to Practice Note: Commission, which outlines how all commissions constitute the giving of a financial advantage, although they will not necessarily be bribes. The Bribery Act 2010 (BA 2010) has a broad interpretation of what may constitute a bribe. It is described as a 'financial or other advantage' given or received in a business context, which constitutes or induces the improper performance of a relevant function or activity. Performance will be ‘improper’ if it breaches a relevant expectation of good faith or impartiality.

The general off

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