- All forms of corruption are expressly prohibited.
- It is necessary to prohibit corruption for moral and legal reasons – you will all be familiar with Section 7 of the 2010 Bribery Act (please see below) which came into force in April 2011 and introduces a new offence whereby an organisation is guilty of an offence if a person associated with it bribes another person, intending to obtain or retain business or a business advantage. There is a defence of the organisation proves that it had in place adequate procedures designed to prevent those associated with it from undertaking such conduct.
- The Compliance Officer in our firm is Yogesh Patel. His role is to ensure that anti bribery measures are in place – these are as set out in this memo. Our organisation is committed to conducting its business and affairs so as to ensure that we do not engage in or facilitate any form of corruption.
- In the event that any individual believes they are being faced with blackmail or extortion, the matter should immediately be reported to CCEH or in his absence a partner in order that appropriate guidance may be given.
7. Failure of commercial organisations to prevent bribery
(1) A relevant commercial organisation (“C”) is guilty of an offence under this section if a person (“A”) associated with C bribes another person intending -
(a) to obtain or retain business for C; or
(b) to obtain or retain an advantage in the conduct of business for C.
(2) But it is a defence for C to prove that C had in place adequate procedures designed to prevent persons associated with C from undertaking such conduct.
(3) For the purposes of this section, A bribes another person if, and only if, A -
(a) is, or would be, guilty of an offence under section 1 or 6 (whether or not A has been prosecuted for such an offence), or
(b) would be guilty of such an offence if section 12(2)(c) and (4) were omitted.
(4) See section 8 for the meaning of a person associated with C and see section 9 for a duty on the Secretary of State to publish guidance.
(5) In this section -
• “partnership” means—
(a) a partnership within the Partnership Act 1890, or
(b) a limited partnership registered under the Limited Partnerships Act 1907, or a firm or entity of a similar character formed under the law of
a country or territory outside the United Kingdom,
• “relevant commercial organisation” means -
(a) a body which is incorporated under the law of any part of the United Kingdom and which carries on a business (whether there or
(b) any other body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom,
(c) a partnership which is formed under the law of any part of the United Kingdom and which carries on a business (whether there or
(d) any other partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and, for the purposes of this section, a trade or profession is a business.