Corporate Governance and Corporate Social Responsibility

Corporate Governance
and Corporate Social
Responsibility

INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
Outline the scope and application of the UK Bribery Act 2010 (UKBA).................................3
Explain the ‘failure to prevent’ approach under s 7 of the UKBA and what defences, if any,
apply............................................................................................................................................4
What is an ‘associated person’ pursuant to the UKBA?...........................................................4
What are the likely penalties on conviction for bribery?..........................................................5
If the above scenario was referred to you for advice, what would be your assessment of the
circumstances and, consequently, your advice?........................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Corporate Social responsibility is known as a social responsibility of the corporate area
which scrutinize the reliability or sustainability of an organisation by delivering the social,
economic and environmental benefits. It is defined as a responsibility of an organisation for
imbibing the impacts of its decisions on society through translucent and moral behaviour, which
is beyond its legal obligations. Corporate Social Responsibility “(CSR)” is a mandatory duty
under corporate law. The UK Companies Act 2006, requires the head or director of company to
consider the interest of employees, consumers, suppliers, environment and the community while
trailing the interests of shareholders1.
The UK Bribery Act 2010 was passed by the parliament in order to penalise the officials
of foreign bribing and representatives of business. This act covers UK citizens, residents and
organizations which originate from UK or administers business in the country.
This report will cover the UK Bribery Act 2010, with reference to associated persons and its
recommendations.
TASK
Outline the scope and application of the UK Bribery Act 2010 (UKBA).
The bribery in UK has seen the significant change in prosecution after the coming up of the
bribery Act of 2010. It is a result of the long attempt which has brought major reforms in the law
in respect of corruption and bribery. This legislation has replaced the pre-existing law, that is, the
common law of the bribery as well as statutory offence in public bodies corrupt practices Act of
the year 18892. This law has the main scope which has introduced two kinds of general offences
which includes promising, offering and giving of the bribe and also requesting or may be
agreeing for accepting or receiving the bribe. The second offence is the bribing of the foreign
1 Horder, J., 2019. On Her Majesty's Commercial Service: Bribery, Public Officials and the UK Intelligence
Services. The Modern Law Review, 74(6), pp.911-931.
2 Hatchard J, 'Combating The Bribery Of Foreign Public Officials: The Impact Of The UK Bribery Act 2010'
(2020) 4 The Law and Development Review.