Commercial Crime

With the risk of prison sentences and large fines, both for companies and their directors, it is essential to know when corporate entities, their shareholders, directors, legal representatives and senior executives can be held liable for their acts or omissions, and those of others. The Commercial Crime category considers these aspects, as well as others, such as whether local law reaches beyond borders, if there are proactive compliance and disclosure requirements for businesses, as well as elements of specific offences, such as fraud, corruption, insider trading and money laundering.

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Topics covered

The following topics are covered in detail under the Commercial Crime category for each country (click to expand):
Legal framework and scope
Trends and practice
Liability
Commercial Crime

Practical Q&A format

This category contains detailed and up-to-date local guidance, in an easy-to-use question-and-answer format, in relation to the rules regarding corruption, fraud, insider trading, market abuse, money laundering and breach of financial sanctions. If you have a question that is not answered, we’ll source the response for you. Sample questions include:
Can corporate entities be held criminally liable?
Can a corporate entity’s shareholders, directors, legal representatives and senior executives be held criminally liable for its acts or omissions?
What constitutes corruption, including bribery?
Are there any proactive compliance requirements corporate entities must meet to prevent corruption, both in general and for particular industries?
Are the payment and receipt of facilitation payments criminal offences? If so, are there any exceptions?
Are there any restrictions regarding hospitality?
What constitutes corporate and business fraud in the country
Does the law apply to insider trading and market abuse committed in the country only, or does it also apply to insider trading and market abuse committed outside its territory?
What civil and criminal sanctions apply when a corporate entity or individual is found guilty of money laundering or breach of financial sanctions?
Is there any statutory protection for whistle-blowers?

Benefits of the Commercial Crime category of Afriwise

If you are a compliance manager responsible for your company’s operations in Africa, the Afriwise platform, and this category in particular (as well as the Business Structures category), is a must. Afriwise is more powerful than any other solution as it provides accurate, up-to-date and plain-language guidance in relation to all your questions, is interactive, and also notifies you when there are legal updates you should be aware of.
Afriwise subscribers benefit from:
  • 24/7 access to our online platform
  • detailed practical guidance and insights on all aspects of this area of law
  • overviews of the applicable laws and upcoming changes, as well as alerts to important legal developments
  • downloadable copies of all relevant laws and regulations
  • direct access to vetted local commercial crime/forensics law experts
  • valuable tools such as powerful search engine with relevant filters
  • country comparisons
  • a clarification-request tool
  • note-taking
  • ... and much more.
Gain full visibility and clarity across the local landscape relating to commercial crime. Access to Afriwise helps you to proactively ensure your compliance with all AML and other commercial crime related obligations.

Afriwise connects organisations to outstanding quality and up-to-date legal, risk and business information and local expertise for African countries. We give you deep understanding about African markets, online, and help you proactively comply with local regulations.

Our award-winning solution offers an innovative way to source all the information you need to identify and manage regulatory risk and avoid criminal liability and civil liability across various African countries.

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