Corporate Governance and Corporate Social Responsibility

This presentation covers the scope and application of the UK Bribery Act 2010, the 'failure to prevent' approach, associated person, penalties on conviction for bribery and more in the context of Corporate Governance and Corporate Social Responsibility.

Corporate Governance and Corporate
Social Responsibility

Table of contents
• INTRODUCTION
• TASK
• Outline the scope and application of the UK Bribery Act 2
010 (UKBA).
• Explain the ‘failure to prevent’ approach under s 7 of the
UKBA and what defences, if any, apply
• What is an ‘associated person’ pursuant to the UKBA?
• What are the likely penalties on conviction for bribery?
• If the above scenario was referred to you for advice, what
would be your assessment of the circumstances
and, consequently, your advice?
• CONCLUSION
• REFERENCES
I

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.

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 1889. 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. Hatchard J,
'Combating The Bribery Of Foreign Public Officials:
The Impact Of The UK Bribery Act 2010' (2020) 4 The
Law and Development Review.

Explain the ‘failure to prevent’ approach under s 7 of the UKBA and what
defences, if any, apply
There is provided some important areas and the ways in
which all the corporate criminal offences in relation to
failing to prevent in section 7 from Bribery Act 2010 is
been given. It involves all such offences and the issues in
relation to the attaching all such culpability through
which the offences which are drawn and committed will
be undertaken. There is been given that all such areas in
which the corporate criminal liability of section 7 in the
Bribery act 2010 will be drawn. Lee J, 'Exclusivism,
Inclusivism And Pluralism In The UK Bribery Act 2010'
(2019) 12 Journal of International Trade Law and Policy.

What is an ‘associated person’ pursuant to the UKBA?
Under the UK Bribery Act 2010 (UKBA), an
'associated person is defined as a person who
conducts or performs services for or on the behalf of
institution or organisation which may include
employees, subsidiaries and agents. He is a person
who does the services for a commercial organisation
with the help of potential associated persons.

What are the likely penalties on conviction for bribery?
The UK Bribery Act 2010 is an Act intended to cover the
criminal act relating to bribery which came in force with
effect from date 1 July 2011. It has brought major change in
the UK anti corruption law ,while replacing the previous law
on bribery . This Act deals with the crimes of bribery attempts
to cover all the the major sectors within which transaction is
being made whether private or public , previously the offence
concerning bribe were restricted to transaction involving
public officialdom and their agents. Oh, Taek Rim, 'A
Proposal For Corporate Criminal Liability In Domestic
Bribery Law By Reference To FCPA And UK Bribery Act'
(2019) 62 Korean Lawyers Association Journal.

PENALTIES ON CONVICTION FOR BRIBERY
Penalties for offence of bribe fall under section 11
of Bribery Act 2010. the penalties mentioned under
this act are of severe nature the extent of maximum
punishment is for the period of 10 years and/or an
unlimited but not excessive fine for individuals .

If the above scenario was referred to you for advice, what would be your
assessment of the circumstances and, consequently, your advice?
From this above scenario their can be undertaken
that some of the major penalties can be issued in
order to manage and prevent all such crimes in the
future aspects. And it underwent with all the
features and the management with which there is
been seen that TCG is majorly been involved in
SWM and there is all the m] payments being made
on the monthly instalments with which all the due
nature and the effective working can be aligned.

CONCLUSION
From this above report it is summarised that
corporate social responsibility id the incorporated
areas with which all the necessary areas and the
ways with which the protection of the compliance
and the environment is addressed.

Refrences
• Hatchard J, 'Combating The Bribery Of Foreign
Public Officials: The Impact Of The UK Bribery Act
2010' (2020) 4 The Law and Development Review
• 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.
• Lee J, 'Exclusivism, Inclusivism And Pluralism In
The UK Bribery Act 2010' (2019) 12 Journal of
International Trade Law and Policy

Thank you.