Under the Bribery Act 2010 (BA 2010) it is an offence to pay or receive a bribe. In addition, BA 2010 includes two offences designed to target commercial bribery:
an offence of bribing a foreign public official
a separate corporate offence of failure to prevent bribery
The corporate offence can be committed by a commercial organisation where a bribe is paid by a person associated with it with the intention of obtaining or retaining business or business advantage for the organisation—see Practice Notes: The Bribery Act 2010—an introductory guide and Failure to prevent bribery—the offence.
An organisation may also face criminal liability where the relevant offence is committed by a senior manager of the organisation where that senior manager was acting within the actual or apparent scope of their authority. For further information, see subtopic: Corporate criminal liability—managing the risk.
It is a defence to the corporate offence...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. 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.
This week's edition of Risk and Compliance weekly highlights includes new ICO guidance on anonymisation, pseudonymisation and research and significant...
The Joint Money Laundering Steering Group (JMLSG) has published final amendments to Part I of its guidance, revising Paragraphs 2.9, 5.2.4A, 5.3.94A,...
The Office of Financial Sanctions Implementation (OFSI) has imposed a monetary penalty of £4,732,830.58 on Citibank, N.A., London Branch (CBNA London)...
HM Treasury (HMT) has announced its intention to double the maximum fine available to the Office for Financial Sanctions Implementation (OFSI) from...
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
0330 161 1234