In the event that a company fails to prevent bribery, what is its liability?

Study for the ICAEW ACA Certificate Level - Law Test. Dive into multiple choice questions and detailed explanations to prepare effectively. Get ready for your exam!

The correct answer reflects the principle of corporate liability under bribery laws. In many jurisdictions, including the UK under the Bribery Act 2010, a company can be held liable for acts of bribery committed on its behalf, even if the specific individuals involved are not directly identified. This means that if a company fails to prevent bribery — for instance, by not having adequate procedures in place to prevent such activities — it can face substantial penalties, including significant fines.

The rationale behind this corporate liability is to encourage companies to implement stringent compliance measures and foster a culture that prioritizes ethical conduct. By holding the organization accountable, the law aims to promote corporate responsibility and deter corrupt practices.

The other options do not accurately capture the legal framework surrounding corporate liability for bribery. Individual liability for employees focuses on personal accountability but does not consider the broader implications for the company as a whole. The third option, suggesting that registration absolves liability, ignores the fact that even registered companies must comply with bribery laws. Lastly, stating liability occurs only if directly involved undermines the principle that companies can be liable for the actions of their employees or agents, provided those actions were conducted in the course of their employment or on the company’s behalf.

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