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ACCA Applied Skills · Corporate and Business Law (Global) · Fraudulent and criminal behaviour

Mirela, a director of Brandt plc, receives a small branded gift worth little from a long-standing supplier at the year-end. There is no request for favours and the gift is openly recorded in the company's gifts register. Which statement is most accurate?

It is very unlikely to be bribery. Bribery needs intent to induce or reward improper performance, and a modest, customary gift that is openly recorded lacks that link. Gifts are not automatically corrupt, and the supplier's shareholding is irrelevant.

  1. AIt is very unlikely to be bribery, because it is modest, transparent and not intended to induce improper performanceCorrect
  2. BIt is automatically bribery because any gift from a supplier is corrupt
  3. CIt is bribery unless the supplier is also a shareholder

Explanation

Bribery requires an intention to induce or reward improper performance of a function. A modest, openly recorded, customary gift without any such link is generally not an offence. Not every gift is corrupt, and shareholder status of the supplier is irrelevant.

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