Q&As

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

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Published on: 10 March 2016
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Please note, this Q&A only considers UK bribery legislation.

Payment of commissions

We refer you to Practice Note: How to identify when a commission might become a bribe, 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

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Jurisdiction(s):
United Kingdom
Key definition:
Commission definition
What does Commission mean?

In the context of the bribery Act 2010, a commission is the giving of a financial advantage, although it is not necessarily a bribe.

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