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Commercial & corporate services

Our expertise in business crime also gives us invaluable expertise in commercial and corporate matters.  The team at Kenneth M Barrow & Co is highly regarded for its ability to present clients with pragmatic and cost-effective legal solutions from straight-forward contractual arrangements to complex high value litigation domestically and abroad.

The team combines strong technical expertise with a determination to deliver flexible and creative solutions across a wide range of sectors.  Our Partners have many longstanding relationships with individuals, businesses and other corporate organisations and remain trusted advisers to them.

We offer fully integrated service covering a broad spectrum of commercial matters and corporate transactions.  These include corporate finance, banking, employment, real estate and dispute resolution.  Our aim is to understand the business of our clients, and to play a valuable role in helping to achieve their long-term goals.

We regularly provide legal support to clients on an ongoing basis, but also advise on particular issues of critical importance and allow planning for any future contingency.  Our priority is to ensure that we understand the business of our clients so that our advice can be given quickly and cost-effectively.

Over the years we have been engaged by clients to help set out clearly the terms of business which have been agreed with customers, suppliers and other parties, to deal with issues of particular complexity and risk, and to provide protection if things go wrong.  We can advise on all documentation required to reflect the terms of the contractual and commercial arrangements of a business, including agency, distribution, supply, services and consultancy agreements.

Bribery act

The new Bribery Act came into force on 1st July 2011.  It has a dramatic impact on the criminal exposure of corporations, partnerships and senior personnel that do business in the UK.  Companies and individuals found guilty of any of the offences in the Bribery Act 2010 will be liable for significant fines, which may be unlimited in respect of the corporate offence.  Individuals will also be liable to a term of imprisonment up to a maximum of 10 years.

The Bribery Act provides for:

  • Offences of giving and receiving bribes, in both the public and private sectors;
  • An offence of bribing a foreign public official;
  • Corporate liability for failing to prevent bribery;
  • Personal criminal liability for senior officers of a company that
  • Commits a bribery offence with the consent or the connivance of that
  • Senior officer – this includes, for example directors, managers and company secretaries.

The new Bribery Act firmly places the responsibility on organisations to ensure that their anti-corruption procedures will protect them from potential criminal liability and unlimited fines.  Companies will not only be responsible for the activities of their employees, but also of their agents and affiliates.  This will require enhanced due diligence and systems and controls of those working with you.  Protecting yourself and your company demands a robust approach to corporate governance to address the new changes to the law.  Areas of particular concern include corporate hospitality, facilitation and payments and commissions.

The experienced team at Kenneth M Barrow & Co are established experts in defending bribery and corruption inquiries, whether acting for individual agents, contractors or corporations.  We frequently advise on conducting internal investigations where a company suspect’s bribery and corruption may have been perpetrated by its employees, agents, subsidiaries or other associated person.  We are experienced in conducting cross border investigations and have a network of experienced lawyers who can advise on the law and customs in other jurisdictions.  We provide due diligence and risk management advice to corporations and individuals involved in contracts and making payments abroad, and specifically to those working in countries which score poorly in the corruption perceptions index, as collated by Transparency International.  Our team can help ensure an outcome which is proportionate and commercially realistic for your organisation.

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