With the new Bribery Act 2010 coming into forcefrom 1 July this year, any company tempted togrease the wheels for a lucrative business contractwill have to think twice. The new Act carries aweighty 10 year maximum prison sentence.With the Bribery Act 2010 in place the UKGovernment intends to crack down on underhandmethods of doing business. The Act replacesBritain's patchwork of late 19th-century statutesand 20th-century common law, which has made itdifficult in the past for the authorities to securesuccessful prosecutions. It will also bring thecountry into line with international best practiceand reinforce the UK's reputation as oneof the least corrupt countries inthe world.The Act has been along time coming.There have beenconcerns aboutthe Act's possibleeffects on theability to winbusiness andthere has been agreat deal ofmedia interestover the supposedthreat to corporatehospitality. The Government hasemphasised from the outset that'reasonable and proportionate' corporatehospitality given in 'good faith' would not bebanned. The vast majority of corporate hospitalitywill not constitute bribery. There is a fine line to bedrawn though. If the hospitality is so excessivelylavish that it can be inferred that it is intended toencourage or reward improper performance orinfluence an official, then it will fall foul of the new Act. In broad terms the definition of bribery in the Actcovers anything seeking to influence a decision-maker by giving some kind of extra benefit ratherthan what can legitimately be offered as part ofthe tender process. The Act replaces the existinglaw on bribery with four offences: bribing anotherperson; being bribed yourself; bribing a foreignpublic official; and commercial organisationsfailing to prevent bribery. The last of these points is the biggest concern tocorporations as it will make employers responsiblefor any acts of bribery carried out by theiremployees, agents or other representatives. Theoffence can be committed in the UK or overseasand, for the first time, the Serious Fraud Office willnot have to prove intent by the board directors -merely that fraud has been committed. A companywhose overseas agents, suppliers or joint venturepartners are involved in fraud will be held liable.The only defence for a company is to show that ithas 'adequate policies' in place to combatbribery.As Liz Barton, an associatesolicitor in the corporate teamat Cripps Harries Hallcomments "this has beensomething of a stickingpoint. The initial draftguidance on whatconstituted 'adequatepolicies' was criticised forlacking clarity and failingto give businesses enoughinformation to assesswhether they had takenenough steps to avoid liability."The guidance sets out six principleswhich form the basis of anti-briberycompliance. They are meant to be based on therisk that a company faces (for example, the burdenof compliance on a company only operating in theUK is likely to be less onerous than a businessoperating in the oil industry overseas) andproportionate. Few directors of companies wish to take the risk offalling foul of the Act. They are anxious to avoidboth the harsh punishments envisaged in the Actand the potential for adverse publicity. As LizBarton says "many employers see this as anopportune moment to review any potentialbribery risks in their business and put properprocedures in place both to ensure fair play andprotect themselves."12CRIPPSLIFElegalupdateCorruption crackdown"manyemployerssee this as anopportunemoment toreview anypotentialbribery risksin theirbusiness"FIND OUT MORELiz BartonAssociateT:01892 506 190E:liz.barton@crippslaw.comIf you have anyconcerns pleasecontact :i

about willsThe top 10 most frequently asked questions regarding willsWhat happens if I do not have a will?Anything you own will be distributed under therules of intestacy. Who receives a benefit willdepend on whether you have surviving relatives. For example, if you have a spouse and children,your spouse will get all yourpersonal belongings plus up to£250,000. Anything else will besplit in half, with one half beingdivided equally between yourchildren when they reach 18 andthe other being held on trust foryour surviving spouse.Do I need a will if I have nothing to leave?Many people are worth more dead than alive.Even if your estate is small in money terms, it isstill important to ensure that your wishes arecarried out such as appointing guardians to carefor your children if they are under 18. Also theremay be life policy money or death in servicebenefits payable on your death.Will there be tax to pay?Inheritance tax is only payable on the value ofyour estate in excess of £325,000, after thepayment of your debts. Gifts to your husband orwife or charities are exempt. If there is tax to pay,the rate is 40%. We can advise on possible waysto save inheritance tax.Who are executors?Executors are the people you appoint in your willto carry out your instructions once you have died.What happens on a second marriage?A will is automatically revoked on marriage. If youdo not make a new will, then your new spouse willbecome the main beneficiary of your estate. Bymaking a will you can make provision for yourspouse but, at the same time, ensure that yourchildren from your previous marriage willultimately receive a benefit.Will my partner benefit if we are living together?No - if you do not make a will, the intestacy ruleswill apply. Your partner will not receive any benefit at all as your estate will pass to yourchildren if you have any or, if not, to your parentsor brothers and sisters. If I am separated from my spouse, will they still benefit?Yes - until you are divorced or judicially separatedthe fact that you do not live together will makeno difference. If, at the time of your death, youhave made a will benefiting your spouse thenthey will still receive a benefit.Why do some wills contain trusts?There are all sorts of reasons to include trusts inwills. Trusts can be useful to protect yourbeneficiaries, to make the most of any taxplanning opportunities or to protect your assets. Would my attorney have any rights on my death?No - the authority given by any type of power ofattorney comes to an end on death.Can I make my own will?Yes - but as your will is one of the most importantdocuments you will ever sign, it is much better tomake sure that it is right. FIND OUT MOREJessica Jamieson AssociateT:01892 506 019E:jessica.jamieson@crippslaw.com12103456789If you would likeadvice aboutmaking a willplease contact:TOPTEN?CRIPPSLIFE13i