Failure to prevent fraud: countdown to commencement

19 August 2025

On 1 September 2025, the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023 comes into force for UK and overseas large organisations (i.e., organisations or subsidiaries of parent undertakings with at least 2 out of 3 qualifying characteristics – more than £36 million annual turnover, more than £18 million on the balance sheet and/or more than 250 employees).

At the same time, the Crown Prosecution Service and Serious Fraud Office have updated their joint Corporate Prosecutions Guidance, which also reflects the broader reforms to corporate liability already in effect, including the expanded “senior manager” attribution test for economic crime.

For organisations that are still finalising their compliance programmes, the coming days, weeks and months provide an opportunity to confirm whether they are in scope as a large organisation, identify associated persons, and update fraud risk assessments and due diligence and other fraud prevention procedures.

Such procedures should be designed, implemented and evidenced against the government’s six principles, with training, reporting channels and investigation protocols reviewed to ensure that escalation routes take into account self-reporting and potential engagement with the SFO under its Deferred Prosecution Agreement framework. Supply chains and third-party arrangements may also require attention where intermediaries or service providers present higher risks.

Seladore provides independent advice to corporates on the design and testing of reasonable procedures and on responding to incidents in a way that mitigates both litigation and regulatory risk.

For a pragmatic readiness review, please contact Dan Hudson.

Seladore’s previous briefing on this topic can be read here.

Related Articles


Seladore briefing: Force majeure and energy supply contracts in the Hormuz crisis

Crude prices have surged amid disruption in the Strait of Hormuz, with producers reportedly issuing force majeure notices on oil and LNG shipments. For companies operating…

Read More Seladore briefing: Force majeure and energy supply contracts in the Hormuz crisis
09 March 2026
Seladore Legal welcomes Peter Edworthy as Partner

Seladore Legal has strengthened its international disputes practice with the appointment of Peter Edworthy as Partner in London, joining from Milbank. Peter is a highly experienced…

Read More Seladore Legal welcomes Peter Edworthy as Partner
23 February 2026
Seladore recognised in Chambers Global Guide for 2026

We are pleased to share Seladore’s recognition in the Chambers and Partners Global 2026 guide, which reflects the global standing of our international arbitration practice and…

Read More Seladore recognised in Chambers Global Guide for 2026
12 February 2026

Subscribe to Our Newsletter

Get the latest developments from Seladore Legal straight to your inbox.

First Name(Required)
Name(Required)
Legal Terms(Required)