The following Corporate guidance note Produced in partnership with Nicholas Hill of Outer Temple Chambers provides comprehensive and up to date legal information covering:
The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. The BA 2010 creates a host of legal considerations in relation to corporate transactions. Whilst the identification of bribery and corruption should not (in and of itself) prevent a transaction taking place, the reach and impact of the BA 2010 should not be underestimated.
Careful, and thorough, due diligence and analysis should enable proper assessment and mitigation of the risks identified, but there is no shying away from the impact of the BA 2010. Parties to corporate transactions must pay close attention to the risks posed by bribery and corruption throughout the transaction process.
The BA 2010 created four new offences:
offering, promising or giving a bribe to another person
requesting, agreeing to receive or accepting a bribe
bribing a foreign public official with the intention to obtain or retain business
a commercial organisation failing to prevent bribery—a strict liability offence
The offence of failing to prevent bribery by a commercial organisation will be a key area for those advising organisations on corporate transactions. This offence occurs when a person associated with a commercial organisation (meaning a body incorporated in the UK, a partnership formed in the UK, or a foreign corporate body or partnership which carries on business in the UK) bribes another person intending to obtain
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.