Under the Bribery Act 2010, what is the only statutory defence available to a commercial organization charged with failing to prevent bribery?

Answer options:

That the bribe was paid without the directors' knowledge.

That the bribe was a customary facilitation payment in that country.

That it had adequate procedures in place designed to prevent bribery.

That the bribe did not result in any actual financial gain.

How to approach this question

Identify the specific defence provided in Section 7 of the Bribery Act.

Full Answer

C.That it had adequate procedures in place designed to prevent bribery.✓ Correct

Section 7 of the Bribery Act 2010 creates a strict liability offence for commercial organizations failing to prevent bribery. The only defence is proving that the organization had 'adequate procedures' in place designed to prevent associated persons from undertaking such conduct.

Common mistakes

Believing facilitation payments are a valid defence.

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Practice the full ACCA LW — Corporate and Business Law Practice Exam 1

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Under the Bribery Act 2010, what is the only statutory defence available to a commercial organization charged with failing to prevent bribery?

How to approach this question

Full Answer

Common mistakes

Practice the full ACCA LW — Corporate and Business Law Practice Exam 1

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