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Territorial scope of the corporate offence

 

The corporate offence applies to:

  • Corporate bodies incorporated under the law of any part of the UK and which carry on business, whether there or elsewhere.
  • A partnership which is formed under the law of any part of the UK and which carries on a business, whether there or elsewhere.
  • Any other body corporate or partnership (wherever incorporated or formed) which carries on all or part of its business in any part of the UK.
  • Where the act of bribery or corporate failure takes place is irrelevant, therefore acts or omissions overseas will satisfy the test.
  • The offence may be committed by a UK company if the bribe is committed abroad by its foreign subsidiary, if the subsidiary is performing services on the UK company's behalf and the bribe was made with the intention of obtaining or retaining business or a business advantage for the parent. The foreign subsidiary may itself be liable in those circumstances, if it carries on a business or part of a business in any part of the UK.