Where India's Companies Act Meets The FCPA

By David Simon, John Turlais and Sherbir Panag (May 18, 2017, 1:34 PM EDT) -- Under Indian law, companies that meet certain size or financial activity thresholds are required to set aside a fixed percentage of their net profits toward corporate social responsibility (CSR) spending. While making CSR contributions, companies may find themselves exposed to bribery risks which, in turn, presents significant risk under the Foreign Corrupt Practices Act and Indian anti-bribery laws. To avoid running afoul of the FCPA and Indian law, companies required to make CSR contributions should adhere to anti-corruption and anti-bribery best practices applicable to charitable contributions more generally; that is, they should conduct appropriate due diligence on the charitable organizations, ensure proper transfer of CSR-designated funds, monitor use of charitable funds, and maintain complete and accurate documentation....

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