The following Practice Compliance precedent provides comprehensive and up to date legal information covering:
From: [Insert name and job title].
We run our business[es] with integrity. All of us must work together to ensure our business[es] [remains OR remain] untainted by bribery and corruption[ and other financial crime, eg facilitation of tax evasion]. This policy is integral to that effort and we are all bound by it.
This policy covers the use of agents and intermediaries who help with our business. It sets out the due diligence steps required before and during the engagement of an agent or intermediary to ensure the use of such an agent or intermediary does not improperly affect our business.
What is an agent or intermediary?
Agents and intermediaries are third parties engaged to provide services for or on behalf of [insert organisation’s name] or represent our interests.
They may include:
third parties retained in relation to government business or actions;
lawyers and other professional advisors; or
other third parties who provide services for or on behalf of [insert organisation’s name] in any capacity.
Application of the law to agents and intermediaries and the risks they present
Bribery laws prohibit payments to agents and intermediaries knowing that all or part of the payment will be used to pay bribes.
‘Knowing’ includes more than actual knowledge—it can include:
deliberate ignorance of facts that put
**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
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.