The Bribery Act 2010: the next chapter

On 1 July 2011, the much heralded, oft debated and at times controversial, Bribery Act 2010 (the Act) comes into force. Abolishing antiquated and fragmented common law offences and sweeping away the late 19th- and early 20th-century statutes on the subject, the Act radically overhauls and rationalises the anti-bribery regime applicable to British citizens, British residents, British companies and to all other businesses carrying on a business in the UK.

Jonathan Cotton and Simon Osborn-King consider the Act, the related Guidance on Adequate Procedures published by the government on 30 March 2011, and what corporate organisations can do to prepare in readiness for the Act’s commencement.

The article comprises:

• an overview of the Act
• an overview of the Guidance (including the case studies)
• a consideration of the six guiding principles set out in the Guidance
• an examination of the clarification provided by the Guidance in relation to the scope of 'carries on a business in the UK', 'associated person', corporate ownership, corporate hospitality and promotional expenditure, and facilitation payments

This article was originally published in Butterworths Journal of International Banking and Financial Law on 1 June 2011.

Jonathan Cotton (partner)