The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:
Commercial organisations which have identified involvement in corruption, whether directly or by an associated person, should seek expert advice before contacting the Serious Fraud Office (SFO) with a view to self reporting, both for advice about conducting an internal investigation and in respect of the consequences of so doing. In particular, any outcome which involves criminal proceedings is likely to be open to active judicial intervention.
The Bribery Act 2010 (BA 2010) does not impose a specific duty on a Relevant Commercial Organisation (RCO) to report actual or suspected bribery. However, RCOs will, in that event, wish to consider whether they should do so; the designated organisation to report to is the SFO. RCOs should also consider whether particular cases require reporting separately under section 330 of the Proceeds of Crime Act 2002 (POCA 2002) or the Money Laundering Regulations 2007, SI 2007/2157 (MLR 2007). Self-reporting may mean that an organisation is able to make representations as to the public interest in a non-criminal outcome (such as a civil recovery order under POCA 2002, Part 5), rather than suffer a criminal prosecution.
In relation to overseas
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When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
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
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