scholarly journals British law on corporate bribery

2015 ◽  
Vol 22 (1) ◽  
pp. 16-27 ◽  
Author(s):  
Jonathan Mukwiri
Keyword(s):  
Criminal Liability ◽  
Company Law ◽  
Content Type ◽  
Secondary Sources ◽  
Regulatory Strategy ◽  
Regulatory Approach ◽  
Corporate Criminal Liability ◽  
Corporate Liability ◽  
A Company

Purpose – This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery. Design/methodology/approach – The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources. Findings – This paper finds that the effectiveness of the Bribery Act 2010 in curbing bribery lies in its approach of changing the basis for corporate criminal liability from focusing on the guilt of personnel within the company to focusing on the quality of the system governing the activities of the company. Companies have to address the risks of bribery or risk facing liability for failure to prevent bribery. With its regulatory approach to corporate liability, coupled with its extraterritorial reach, the Bribery Act is likely to change business cultures that facilitate bribery, thereby proving an effective law to corporate bribes. Originality/value – This paper highlights the deficiency of earlier laws in tackling corporate bribery, examines the crime of bribery from a company law perspective and argues that the regulatory strategy in the Bribery Act is likely to be an effective tool against bribery.

Corporate criminal liability for Bribery in Kuwait: issues in disclosing commissions

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Noura Taha Aloumi
Keyword(s):  
Private Sector ◽  
Criminal Liability ◽  
International Standards ◽  
International Treaties ◽  
Content Type ◽  
Secondary Sources ◽  
Public Contracts ◽  
The Uk ◽  
Business Corruption ◽  
Corporate Criminal Liability

Purpose This study aims to critically analyse corporate criminal liability for bribery in Kuwait, by focusing on laws and regulations as key problem-solving mechanisms. To that end, it identifies and assesses the existing anti-bribery laws in Kuwait, including a legal evaluation based on international standards. This study raises several issues concerning the lack of regulations of private bribery, facilitating payments and kickbacks in government contracts, and gifts and hospitalities in private sector, using UK Bribery Act 2010 (UK BA 2010) as a reference. This study showcases how these legal shortcomings are inconsistent with international treaties, and undermine efforts to tackle corruption. Emphasis has been put on criminalising private bribery, regulating the acceptance of hospitalities and gifts and abolishing the commission payment regime in public contracts in Kuwait. Design/methodology/approach Adopting a doctrinal focus, this paper examines case studies on curbing corporate bribery using both primary and secondary sources. Given the increasingly transitional and organised nature of business corruption, extravagant gifts and facilitating payments in public procurements globally, a comparison is drawn with the UK BA 2010. Findings Kuwait’s legal system does not criminalise bribery in private sector. Its anti-bribery laws are not at par with international standards. Therefore, the laws on disclosing commissions in public contracts must be abolished, and facilitating payments and hospitality payments in private sector must be regulated. Originality/value This study explores corporate criminal liability for bribery in Kuwait by investigating the weaknesses and legal shortcomings of the existing anti-bribery laws, and proposing reforms to counter these using UK BA 2010 as a guide.

scholarly journals A sociology for other animals: analysis, advocacy, intervention

2016 ◽  
Vol 36 (3/4) ◽  
pp. 242-257 ◽  
Author(s):  
Erika Cudworth
Keyword(s):  
Animal Studies ◽  
Actor Network Theory ◽  
Political Agenda ◽  
Political Strategy ◽  
Advocacy Groups ◽  
Content Type ◽  
Secondary Sources ◽  
Central Argument ◽  
Practical Implications

Purpose – The purpose of this paper is to map the field of sociological animal studies through some examples of critical and mainstream approaches and considers their relation to advocacy. It makes the argument that while all these initiatives have made important contributions to the project of “animalising sociology” and suggest a need for change in species relations, the link between analysis and political strategy is uncertain. Design/methodology/approach – The paper develops its argument by using secondary sources, reviewing sociological positions and offering illustrations of possible interventions. Findings – Sociological interventions in the field of animal studies have been informed by critical perspectives, such as feminism and Marxism, or taken less critical routes deploying actor-network theory and symbolic interactionism. Whilst those working in critical traditions may appear to have a more certain political agenda, an analysis of “how things are” does not always lead to a clear position on “what is to be done” in terms of social movement agendas or policy intervention. In addition, concepts deployed in advocacy such as “liberation”, “quality of life” or “care” are problematic when applied beyond the human. Despite this, there are possibilities for coalition and solidarity around certain claims for change. Research limitations/implications – If the central argument of the paper were taken seriously by general sociologists, then sociology may be more open to “animal studies”. In implications for exisitng sociological animal studies scholarship is to trouble some of the certainties around advocacy. Practical implications – If the central argument of the paper were taken seriously by advocacy groups, then the hiatus between “welfarism” and “liberation” might be overcome. Originality/value – There have been recent attempts to map the field of scholarship in animal studies, but surprisingly little consideration of how different emergent positions inform questions of advocacy and the possibilities for political intervention.

Corporate Actions

2021 ◽  
pp. 77-102
Author(s):  
Eva Micheler
Keyword(s):  
Criminal Liability ◽  
Company Law ◽  
Entity Theory ◽  
Real Entity ◽  
The Law ◽  
Corporate Actions ◽  
Human Actors ◽  
Corporate Criminal Liability

This chapter evaluates the rules that determine the attribution of the actions of human actors to companies. These contain elements that demonstrate that company law is designed for the operation of organizations and that therefore a real entity theory is best suited to explain the law as it stands, and also to formulate normative recommendations. Indeed, conceiving companies as serving real entities helps to explain the approach taken by the law in relation to corporate criminal liability. Companies are actors whose acts are sometimes determined by their shareholders and directors. But they do not fully control what companies do. Companies act autonomously through habits and procedures that have formed between the individuals who act for and contribute to them. These procedures cause companies to become independent of their individual actors and can lead to blameworthy conduct.

4. Strict, vicarious, and corporate liability

2020 ◽  
pp. 84-98
Author(s):  
Nicola Monaghan
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Legal Knowledge ◽  
Criminal Offence ◽  
Vicarious Liability ◽  
Key Points ◽  
Corporate Liability ◽  
A Company

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.

Credit relevance after mandatory IFRS adoption in deposit money banks of Nigeria

2020 ◽  
Vol 5 (1) ◽  
pp. 47-61
Author(s):  
Dagwom Yohanna Dang ◽  
James Ayuba Akwe ◽  
Salisu Balago Garba
Keyword(s):  
Financial Reporting ◽  
Credit Rating ◽  
Financial Reports ◽  
Content Type ◽  
Financial Reporting Standards ◽  
Secondary Sources ◽  
Ifrs Adoption ◽  
Regulatory Authorities ◽  
Significant Difference

PurposeCredit relevance of financial reporting can be influenced by change in financial reporting framework. This study aims to examine the effect of mandatory international financial reporting standards (IFRS) adoption on credit relevance quality of financial reporting of deposit money banks (DMBs) in Nigeria.Design/methodology/approachThis study uses difference-in-differences (D-in-D) design for its modelling. Panel data regression analysis based on the D-in-D model is used in analysing the data collected from secondary sources.FindingsThe findings of this study are that based on the D-in-D approach, there is a significant and positive effect of mandatory IFRS adoption on credit relevance quality of financial reporting of DMBs in Nigeria, and that there is also a significant difference in the credit relevance quality of financial reporting of mandatory adopting banks in the post-mandatory IFRS adoption period compared to pre-mandatory IFRS adoption period.Research limitations/implicationsTo the best of this study's review, there is inadequacy of literature within the credit relevance research in Nigeria. In the light of this, this study intends to fill the gap.Practical implicationsThis study is specifically important to regulatory authorities, both primary and secondary regulators. Specifically, this study has implications in the regulatory roles of Central Bank of Nigeria (CBN) and Financial Reporting Council of Nigeria (FRC). However, the study recommends that regulatory authorities should encourage DMBs to avail their financial reports annually to credit rating agencies (local and international) for proper evaluation for subsequent ratings.Originality/valueThe peculiarities in this study, that is the utilisation of the D-in-D design and the use of credit relevance metric as the dependent variable, made this study important and novel to push the frontier of existing knowledge.

Reassessing the contents and context of governance in Asia: recognizing achievements

2019 ◽  
Vol 8 (4) ◽  
pp. 353-363 ◽  
Author(s):  
Ahmed Shafiqul Huque
Keyword(s):  
Good Governance ◽  
Primary Sources ◽  
Political Systems ◽  
Sources Of Information ◽  
Asian Countries ◽  
Content Type ◽  
Secondary Sources ◽  
Alternative Approach ◽  
Ranking Countries

Purpose Good governance has been declared as the key target of most Asian governments, but it appears to be an unattainable objective. The purpose of this paper is to explore the potentials for establishing governance across Asian countries. Drawing upon the literature and experience of Asian countries, the study argues that governance represents an unclear state that is rooted more in perception than reality. An extensive review of the indicators of governance reveals the anomaly and unorganized efforts to measure it, and points to the need for recognizing accomplishments in areas that are not directly or indirectly covered in the existing schemes of assessment. Design/methodology/approach The paper is based on a broad review of the literature on governance and political systems in Asian countries. Existing arrangements for assessing governance are critically reviewed to point out the risks in a perception-dependent approach. Secondary sources and insight obtained from relevant research constitute the data analyzed in the paper. Findings The paper finds that the target of good governance cannot be fully achieved due to the significant diversity across Asian countries as well as varied perceptions held by assessors. Stakeholders have different perceptions about the requirements and ideal of governance and existing tools for measuring governance are inadequate. Most importantly, assessment frameworks do not recognize contextual dimensions that are relevant to Asian countries. Furthermore, it is important to recognize efforts that are aimed at improving conditions instead of working toward an absolute outcome of governance. Recognition of small successes will contribute to the improvement of circumstances rather than ranking countries on the basis of a limited number of perception-based indicators and listing them on international indices. Research limitations/implications The paper does not draw upon primary sources of information and is limited to an assessment of existing arrangements. Practical implications The paper will help draw attention to the limitations of existing arrangements of assessing countries and ranking them for the quality of governance. It will also encourage researchers to think about alternative tools for assessing governance and recognizing progress in Asian countries. Social implications The paper will encourage governments to identify obstacles to good governance and adopt policies to overcome them. Originality/value The paper contributes to the literature presenting a critical view for encouraging alternative approach to governance, incorporating perceptions of diverse stakeholders and highlights the need to recognize progress, however limited, in all areas.

Revealing the unexplained wealth in Indonesian corporation

2019 ◽  
Vol 27 (1) ◽  
pp. 29-42
Author(s):  
Anastasia Suhartati Lukito
Keyword(s):  
Crime Prevention ◽  
Legal System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Ethical Business ◽  
Content Type ◽  
Business Values ◽  
Illegal Activities ◽  
Asset Forfeiture ◽  
Corporate Criminal Liability

Purpose The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition. Design/methodology/approach This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach. Findings Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values. Practical implications This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture. Originality/value This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

Kabbage: an innovative source of short-term business loans

2018 ◽  
Vol 14 (6) ◽  
pp. 716-735
Author(s):  
Michael Ozlanski ◽  
Emma Marie Fleck
Keyword(s):  
Short Term ◽  
Content Type ◽  
Secondary Sources ◽  
Business Press ◽  
Small Business Management ◽  
Start Up ◽  
Tangible Assets ◽  
Wide Range ◽  
Key Drivers ◽  
A Company

Synopsis New entrepreneurial businesses are one of the key drivers of innovation and economic development. However, one of their greatest obstacles is accessing capital, especially since they are often initially unprofitable and lack tangible assets in the first few years of operation. Since debt financing from banks can be difficult for them to obtain, their capacity for growth can be limited. This case introduces students to Kabbage, a company that reduced the barriers associated with start-up and microbusiness lending by using a fully automated, data-driven platform. Kabbage made instant decisions on whether these businesses should qualify for a line of credit by reviewing its clients’ electronic data, analyzed quickly and accurately using specific algorithms. Research methodology Given the applied nature of the case, the data were gleaned from a wide range of secondary sources, specifically popular business press which was verified for authenticity. Relevant courses and levels This case can be used in a variety of undergraduate courses. Some course examples include small business management, introduction to entrepreneurship or entrepreneurial finance.

An examination of the quality of social and environmental disclosures by Nigerian oil companies

2016 ◽  
Vol 16 (2) ◽  
pp. 400-419 ◽  
Author(s):  
Odhiambo Odera ◽  
Albert Scott ◽  
Jeff Gow
Keyword(s):  
Large Scale ◽  
Health And Safety ◽  
Annual Reports ◽  
Content Type ◽  
Oil Companies ◽  
Environmental Disclosures ◽  
Oil Company ◽  
A Company ◽  
Tests For Normality

Purpose This study seeks to examine the quantity and quality of social and environmental disclosures (SEDs) of Nigerian oil companies. The study aims to analyse SED activities as reported by the oil companies in their annual reports. Design/methodology/approach The study analyses annual reports through content analysis. SED quantity is measured by alternative two units: number of sentences and number of pages. A two-point scale system to assess SED quality is used as follows: 1 = if SED is quantitative and reports specific activities of a company concerning its social and environmental responsibility; 0 = otherwise. Correlation analysis is performed among the different SED categories to identify the relationships among them. Kolmongrov–Smirnov and Shapiro–Wilk tests for normality are utilised. Findings SED activities are reported by most of the companies, and by quantity, employee information is found to be the most common type of disclosure. SED quantity and quality in the environment category is found to be overwhelmingly low despite the large-scale public concern expressed about the levels of the environmental degradation caused by oil company operations. Research limitations/implications The data collected for this study are based on one country, which controls diversity but limits the generalizability of the findings. The study is limited by the sample which includes mainly quoted companies, as they are believed to make improved disclosures because of their investor orientation and statutory obligations. Originality/value The study extends SED research by focusing on social disclosures such as employee-, community- and health- and safety-related disclosures. The study also investigates the motivations of SED providers and establishes a link between stakeholder demands/engagement and the level of disclosure.

scholarly journals Signs of dystopia and demoralization in global academia

2017 ◽  
Vol 13 (2) ◽  
pp. 136-150 ◽  
Author(s):  
Mike Geppert ◽  
Graham Hollinshead
Keyword(s):  
Knowledge Production ◽  
Design Methodology ◽  
Critical Discussion ◽  
Subjective Experiences ◽  
Content Type ◽  
Secondary Sources ◽  
Academic Communities ◽  
Practical Implications ◽  
Work And Employment

Purpose This paper has been written in the style of a provocative essay. This paper aims to show how neo-liberalism has become the leading “policy doctrine” in higher education (HE) systems across the globe. This has put increasing systemic political and economic pressure on many universities which not only undermine but also “colonize” the Lebenswelt or “lifeworld” (Habermas, 1987) of academics. Design/methodology/approach This study draws on concrete empirical examples based on the authors’ subjective experiences within the higher educational sector and secondary sources. Findings The authors highlight and illustrate how the increasing dominance of “neo-liberal science” principles (Lave et al., 2010) severely damage the quality of knowledge production and working conditions of ordinary academics in both national and international academic communities. Practical implications This paper provides insights into the practical implications of the spread of “neo-liberal science” principles on the work and employment of academics. Originality/value The authors aim to trigger critical discussion concerning how emancipatory principles of teaching and research can be brought back into the Lebenswelt of academics to reverse some of the destructive effects to which this paper refers to.

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