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Soliciting Handling Fees for Opening Corporate Accounts from Customers
A relationship manager of a bank is responsible for opening bank accounts for customers. The relationship manager solicits from some customers a handling fee for opening a corporate account, to which the bank actually has no such requirement. Moreover, the relationship manager informs the customers that he can exert influence to expedite the account opening process upon receipt of the fee. Some customers accede to the relationship manager’s request and agree to the payment. Those customers pay the fees to the relationship manager’s personal bank account accordingly.Offences Committed
The relationship manager is an agent of the bank. He solicits advantages (i.e. handling fee) from some customers and informs the customers that he can exert influence to expedite the account opening process upon receipt of advantages, which was an act related to his principal’s affairs. As the bank actually has no such requirement, the relationship manager may contravene Section 9(1) of the Prevention of Bribery Ordinance (Cap. 201) (POBO). The customers who offered advantages may also contravene Section 9(2) of POBO.
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