The Journal of Business Law最新文献

Making a Case for Regulating Institutional Shareholders' Corporate Governance Roles 规制机构股东的公司治理角色

The Journal of Business Law Pub Date : 2017-01-10 DOI: 10.2139/SSRN.2896748

I. Chiu, D. Katelouzou

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引用次数: 7

Peaks and Troughs of the U.K. Deferred Prosecution Agreement: The Lesson Learned from the First-Ever DPA between the SFO and ICBC SB PLC 英国暂缓起诉协议的波澜起伏:从SFO与ICBC SB PLC之间的首次暂缓起诉协议中吸取的教训

The Journal of Business Law Pub Date : 2016-03-16 DOI: 10.2139/SSRN.2748688

Costantino Grasso

{"title":"Peaks and Troughs of the U.K. Deferred Prosecution Agreement: The Lesson Learned from the First-Ever DPA between the SFO and ICBC SB PLC","authors":"Costantino Grasso","doi":"10.2139/SSRN.2748688","DOIUrl":"https://doi.org/10.2139/SSRN.2748688","url":null,"abstract":"Schedule 17 of the Crime and Courts Act 2013 introduced Deferred Prosecution Agreements (DPAs) into the English legal system. On the 30th of November 2015 the Industrial and Commercial Bank of China Limited entered into the first-ever deferred prosecution agreement in the U.K. with the Serious Fraud Office. It represents a historic turning point for the English legal system as well as an innovation that has the potential to revolutionise the approach to corporate criminal liability traditionally adopted in the United Kingdom. This paper analyses the legislative provisions under Schedule 17 of the 2013 Act dealing with its most problematic aspects and drawing comparisons with the corresponding legal instruments developed in the U.S. It also investigates the reasons behind the DPA implementation in England and Wales focusing on the growing pressure that was exerted on the authorities to carry out successful investigations against corporations involved in criminal activities. Finally, the paper offers an analysis of the first-ever DPA concluded in the U.K. highlighting the most controversial legal issues arising from such an agreement. This can be considered a landmark decision not only because the SFO's first application for a DPA was approved by the judiciary, but also because it was the first time in which a legal entity was charged in England and Wales with the offence of \"failure of commercial organisations to prevent bribery\" as provided by section 7 of the Bribery Act 2010.","PeriodicalId":375048,"journal":{"name":"The Journal of Business Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132958813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Involuntary Creditors and the Case for Accounting-Based Distribution Regulation 非自愿债权人与基于会计的分配监管案例

The Journal of Business Law Pub Date : 2007-12-01 DOI: 10.2139/SSRN.1033325

D. Kershaw

引用次数: 3

UK Merger Remedies under Scrutiny 受到审查的英国并购补救措施

The Journal of Business Law Pub Date : 2006-10-01 DOI: 10.2139/SSRN.960226

M. Harker

引用次数: 0

Understanding Securities Class Action Lawsuits 了解证券集体诉讼

The Journal of Business Law Pub Date : 1900-01-01 DOI: 10.15640/JBLE.V8N2A2

Mallory Waggoner, Reinhold P. Lamb