The following Financial Services practice note provides comprehensive and up to date legal information covering:
The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. It is aimed at preventing corruption in business and public life, and affects both public and private sector bodies, as well as individuals. There are four offences under the Act:
bribing another person
soliciting or accepting a bribe
bribing a foreign public official, and
(for a business) failing to prevent bribery
More detail on BA 2010 and its operation can be found in Practice Note: The Bribery Act 2010—an introductory guide.
The Financial Conduct Authority (FCA) does not enforce BA 2010; nor does it provide guidance on compliance with the Act. Its role is to assist firms in complying with the anti-bribery law as part of its financial crime statutory objective, which requires it to pursue the objective of reducing the extent to which it is possible for a regulated business to be used for a purpose connected with financial crime. They do not need to obtain evidence of corrupt conduct to take regulatory action against a firm.
The FCA is also keen to ensure firms have appropriate systems and controls in place to preven
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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