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10 November 2017
Issue: 7769 / Categories: Legal News , Bribery , Profession
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Multinationals at risk

The new Criminal Finance Act may place ‘unmanageably onerous obligations’ on multinationals, barristers have warned.

Writing in this week’s NLJ, Nicholas Griffin QC and other practitioners at QEB Hollis Whiteman, note the ‘wide extraterritorial effect’ of the Act, which requires multinationals to foresee and prevent tax evasion risks on a global scale, and imposes criminal as well as regulatory sanctions.

Financial institutions with a branch in London will be ‘immediately liable for the acts of their associated persons on the other side of the world’, they write. ‘While this may have been entirely acceptable in the context of managing bribery risk—most corporates knowing what most forms of bribery look like—the perils are greater in respect of tax due to the considerably greater challenge in instituting, maintaining and enforcing “reasonable procedures” to prevent a spectrum of employee/agent misconduct which can in some quarters be as intricate and wide-ranging as the tax affairs they oversee.’ /p>

Issue: 7769 / Categories: Legal News , Bribery , Profession
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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