Legal Aspects of Business: Bribery Act 2010 and Corporate Hospitality

This document discusses the legal aspects of business, specifically focusing on the Bribery Act 2010 and its implications for corporate hospitality. It explains the different offences under the act and provides recommendations for companies to prevent bribery. The document emphasizes the importance of transparency, communication, and training in avoiding allegations of bribery. It also highlights the significance of setting anti-bribery policies, conducting due diligence, and promoting transparency in transactions and decision-making.

Legal aspects of Business

TABLE OF CONTENTS
1..............................................................................................................................................3
2..............................................................................................................................................3
3..............................................................................................................................................3
REFERENCES...........................................................................................................................5

1.
The Bribery Act 2010, has created 4 separate offences. First is bribing another
person under scetion1, being bribed under section 2. Bribing a foreign public official under
section 6 and the corporate offence in respect to failing to stop bribery within an organization
by associated personnel under section 7 (Bribery Act 2010. 2010). The gifts and corporate
hospitality is being stated under section 1 and 2 which states that receiving and giving of
corporate hospitality is not unlawfully if it passes the improper test. It is further governed by
the section 7 which makes the corporate responsible in respect to making a review of its
policies on hospitality and other business promotional expenditure in their bribery prevention
procedures (Field, 2017). If the G Ltd demonstrate that it has adequate procedures put in
place for preventing bribery and unless that activity is improperly performed. There is
uncertainty among the businesses in relation to its application and determining to what extent
it will be considered as bribe. But the Ministry of Justice has assured that the any bona fide
expenditure with the intention to enhance the image of the organization is considered as an
important part of ding a business and such intention is not criminalized.
2.
In order to avoid the situation of giving rise to allegation of bribery G Ltd should
take into account following points for expanding its corporate entertainment program
(MacIntyre, 2010). This incorporates principle 1 and 5 of the Bribery Act 2010 which states
about proportionate procedures and communication and training.
 Carry out a bribery assessment in relation to its dealings along with the business
partners and foreign public officials in regard to the hospitality expenditure.
 Publication of its policy statement which is committed to transparent, reasonable and
bon fide corporate hospitality and expenditure (THE BRIBERY ACT. 2010).
 The issuance of the internal guidance in regard to the procedures that is applicable to
the hospitality.
 Regularly monitoring, reviewing and evaluation of the G ltd internal procedures along
with compliance with the same.
 Ensuring that the activity or the event is not improperly conducted.
3.
Steps to be taken by G Ltd to avoid any possible future allegations of bribery are stated
below.

 Setting and presenting the anti-bribery policy in the organization and communicating
the same to its employees.
 Providing appropriate training and supervision to its employees and workers for
avoiding any sort of bribery. This training will help employees in identifying the
whether they can recognise or avoid the sue of bribe either by themselves or by
others.
 Encouraging the employees to be vigilant and should report on the use of bribery
through the way of providing them appropriate channel for communication (Trustee
and Duncan, 2018).
 Carrying out a due diligence of the existing and the prospective related personnel’s
who undertake services on behalf of the organization.
 Avoiding any type of conflict of interest and working on presenting transparency of
the transaction and the decision taken.
 Imposing proper sanction for those who does not follow this anti-bribery policy.
 Periodic review of the implemented procedures and policies.

REFERENCES
Books and Journals
Trustee, L. and Duncan, I., 2018. Gifts & Hospitality Policy. Policy. (3).
Field, A., 2017. ISO 37001: An Introduction to Anti-Bribery Management Systems. IT
Governance Ltd.
MacIntyre, E., 2010. Business Law Fifth Edition E-book. Pearson Education UK.
Online
THE BRIBERY ACT .2010. [Online]. Available
Through:<https://www.justice.gov.uk/downloads/legislation/bribery-act-2010-
guidance.pdf>.
Bribery Act 2010. 2010. [Online]. Available Through:<
https://www.legislation.gov.uk/ukpga/2010/23/pdfs/ukpga_20100023_en.pdf>.