The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This archived Practice Note is for background information only and is not being maintained. No new financial reporting orders can be made in England, Wales, Scotland or Northern Ireland from 3 May 2015. All existing financial reporting orders will remain active until their terms expire and the existing offence of breaching an order will remain available in relation to those orders until their expiry.
Serious crime prevention orders are the sole means of imposing financial reporting requirements on a person convicted of a serious offence after this date. For further information see Practice Note: Serious crime prevention orders.
A financial reporting order (FRO) is made following conviction for a listed offence in addition to sentencing a defendant. The court only made an order if it was satisfied that the risk of the defendant committing another listed offence was sufficiently high to justify doing so. The listed offences are:
the offence of false accounting under section 17 of the Theft Act 1968:
the following offences under the Fraud Act 2006 (FrA 2006):
general offence of fraud (FrA 2006, s 1), and
obtaining services dishonestly (FrA 2006, s 11)
conspiracy to defraud at common law
the following offences under the Proceeds of Crime Act 2002 (POCA 2002):
any of the lifestyle offences in the POCA 2002, Sch 2, namely:
**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
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.