Soliciting Definition

GLOSSARY

What does Soliciting mean?

To 'solicit' is to ask for, call for, request, petition, or (especially in the sexual context) to importune, tempt or allure.

Soliciting in criminal law is a term most frequently encountered in relation to prostitution (ie the offence under the Street Offences Act 1959 (SOA 1959), s 1, of being a common prostitute and loitering or soliciting in a street or public place for the purpose of prostitution), but also appears elsewhere, eg the offence of 'solicitation' (to murder) in the Offences Against the Person Act 1861, s 4. Soliciting for the purposes of the offence under the SOA 1959, s 1, involves the physical presence of the prostitute and conduct on his/her part amounting to an importuning of prospective customers.

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Investment agreement—checklist

Investment agreement—checklist Parties Who are the parties? More specifically, identify: • the investor/s • the managers, and • the investee company (newco) Conditions Are there any conditions to completion of the investment? What are the obligations of the parties to satisfy any such conditions? By what date? Share subscription What is the capital structure for the investee company? What class and number of shares will each shareholder (ie the investor, the managers and any other shareholders) subscribe for? Warranties Who is to give the warranties? Is it just the managers? Will the warranties be given jointly, jointly and severally, or severally? How extensive will the warranties be? It is customary for investment agreement warranties to focus mainly on the business plan and the managers, as sufficient coverage on the company itself is gained for the investor under the acquisition agreement. What limitations will apply to warranty claims? These include: • time within which claims may be made • caps on the warrantors’ respective liability and on aggregate liability, and •...

Subscription and shareholders’ agreement—single investor—checklist

Subscription and shareholders’ agreement—single investor—checklist Parties Who are the parties? More specifically, identify: • the investor/s • the founders, and • the investee company Conditions Are there any conditions to completion of the investment? What are the obligations of the parties to satisfy any such conditions? By what date? Share subscription What is the capital structure for the investee company? What class and number of shares will each shareholder (ie the investor, the founders and any other shareholders) subscribe for? Warranties Who is to give the warranties? Is it just the founders, or the company and the founders? Will the warranties be given jointly, jointly and severally, or severally? How extensive will the warranties be? Are there any key areas for coverage? What limitations will apply to warranty claims? These include: • time within which claims may be made • caps on the warrantors’ respective liability and on aggregate liability, and • de minimis for individual claims and an aggregate threshold Board of directors How many directors will be on...

The Bribery Act 2010—an introductory guide

The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and came into force on 1 July 2011. It was designed to provide an effective legal framework to tackle corruption in both the public and private sectors, modernising the UK’s anti-corruption legislation and replacing the Prevention of Corruption Acts 1889–1916. For detailed guidance on historic anti-corruption law, see Practice Notes: Corruption and common law bribery—pre-Bribery Act 2010 [Archived], Pre BA 2010 bribery and corruption—Practicalities [Archived] and Pre-Bribery Act 2010 corruption—sentence tracker [Archived].BA 2010 has major implications for any business that is incorporated or trades in the UK. It applies to bribery committed by it, or on its behalf, anywhere in the world.Offences under the Bribery Act 2010BA 2010 criminalises four distinct types of conduct (offences):•bribing another person•soliciting or accepting a bribe•bribing a foreign public official, and•(for a business only) failing to prevent briberyCommon to each of...

Team moves from an LLP or partnership

Team moves from an LLP or partnership In a team move, two or more partners of the same partnership or members of the same limited liability partnership (LLP) leave that entity and either set up in business on their own account, or join one of the partnership or LLP’s competitors. This may involve soliciting employees of the partnership or the LLP to join them. Usually their move has been planned beforehand and may have been solicited by the rival. It will typically have been planned in a clandestine way and the full sequence of events may not become apparent until quite late in the process. There may, for example, have been a plan involving successive departures to conceal the collective plan. This note focuses on the issues which face the partnership or the LLP when faced with a team move. It also looks at the issues for rival entities looking lawfully to extract a team and for partners or members contemplating leaving as a team. Similar issues...

Discover our 113 Practice Notes on Soliciting

Anti-bribery and corruption—briefing for external agents/intermediaries

Anti-bribery and corruption—briefing for external agents/intermediaries Introduction Compliance with bribery and corruption laws is critical to [insert organisation name][ and all its businesses]. To raise awareness, protect our reputation and avoid potential liability as a result of bribery or corruption involvement by any of our business partners we provide this briefing to all agents and intermediaries. As a partner, agent, consultant or other third party engaged to provide services for or act on behalf of [insert organisation name], you are an ‘associated person’ under the Bribery Act 2010 (BA 2010). As such, we can be held accountable for the actions you take on our behalf. It is therefore imperative that you: • understand and follow the same laws and policies that apply to us and our staff • recognise when bribery risks arise and know how to behave appropriately and in accordance with our policies in such situations • make it clear to others that you and [insert organisation name] do not conduct business in an unethical manner,...

Fraud risk management training materials—post-training assessment questions—law firms

Fraud risk management training materials—post-training assessment questions—law firms How to use this test These questions are designed to test your understanding following training on fraud risk management. After you have completed this test, please return it to [insert name]. General Name of person completing test [Insert name] Role [Insert role] Date [Insert date] Multiple choice questions Circle the correct answer. Question Multiple choice answers 1. What is fraud? (a) Soliciting or accepting a bribe(b) Deliberately using deception or dishonesty to deprive, disadvantage or cause loss to another person or business, usually for financial gain(c) Exercising powers of ownership over a person 2. How can you commit a fraud offence under the Fraud Act 2006? (a) By making a false representation(b) Failing to disclose information you are under a legal duty to disclose(c) Abusing a position in which you are expected to safeguard, or not to act against, the financial interests of another person(d) All of the above 3. How do you need to behave when looking out...

Dive into our 18 Precedents related to Soliciting

My client is a UK brokerage firm that wants to do business with US customers. Does it have to get authorisation from any US agencies and if so, how does it go about doing this?

My client is a UK brokerage firm that wants to do business with US customers. Does it have to get authorisation from any US agencies and if so, how does it go about doing this? Requirement to register Generally, securities firms located outside the US that engage in a securities business with persons located in the US are required to register with the Securities and Exchange Commission (SEC) pursuant to the Securities Exchange Act 1934 (Exchange Act) unless an exemption applies. Firms also need to register with the Financial Industry Regulatory Authority (FINRA), in most cases, or another self-regulatory organisation (SRO) depending on the type of business conducted, to act as its designated examining authority and the front line regulator. Firms that do business in commodity futures and option markets in the US are required to register with the Commodity Futures Trading Commission. Firms will also have to consider the registration requirements of the individual US states. Take a look at the following Practice Notes for...

On a relevant transfer under TUPE 2006, does the transferor’s liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee?

On a relevant transfer under TUPE 2006, does the transferor’s liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee? Bribery Act 2010 The Bribery Act 2010 sets out four offences: • bribing another person (also known as active bribery) • soliciting or accepting a bribe (also known as passive bribery) • bribing a foreign public official, and • failure of a commercial organisation to prevent bribery by an 'associated person' for its benefit For further information, see Practice Note: Bribery Act 2010: essentials for employment lawyers. The first three offences above apply to individuals and companies. The offence of failure to prevent bribery applies only to relevant commercial organisations. For information on the offence of failing to prevent bribery, see Practice Note: Bribery Act 2010: essentials for employment lawyers—Failure of commercial organisations to prevent bribery. See the Serious Fraud Office (SFO) Guidance on adequate procedures facilitation payments and business expenditure and the following documents (referred to in...

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Applying US High Courts domestic corruption rulings to US FCPA

Law360: The US Foreign Corrupt Practices Act (FCPA) prohibits US companies and individuals from bribing government officials outside the US, but its scope has rarely been tested in US appellate courts, and never in the US Supreme Court.

The top Corporate Crime cases of 2024 so far

Law360, London: The partial acquittal of two retired British executives on bribery charges as part of a major Serious Fraud Office (SFO) investigation, the first bribery conviction of a foreign official and Julian Assange's shock plea deal are just a few of the blockbuster cases so far in 2024.

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