How backdating

However, an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it.

In theory, this would appear on the face of it to be a reasonable request, as it is just a private arrangement between two parties.

The position is then clear to all who subsequently look at the document.

Another way is to state at the beginning of the document that it is made “as of” the required date.

This is one of the most common issues which comes up in the context of group reorganisations or intercompany agreements. Giving a document a date which is earlier than the date when it was actually signed, would almost certainly constitute fraud.

Although it may have been intended to put in place a new arrangement by a particular date – often a year end – that date may now have passed. Obviously the ideal position is to put in place the legal documents in advance. Well, it depends on what was transferred, and whether it can be said that the relevant transaction has already happened.

I am sure that from time to time we have all come across the vexed question of backdating documents.

A client or, in the case of an in house lawyer colleague (who for the purposes of this article will also be considered a client), asks you to prepare a document and then your heart sinks as he says “oh and it has to be dated” and gives a date which has already passed.

Alternatively, is there a way of legally trying to achieve the required objective?

Is the client a longstanding one who has always acted properly in the past? These are questions he will probably be asked by the judge or regulator if things go wrong and to which he will need convincing answers.

There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof.

Documenting a transaction which has already happened One possible scenario is that the relevant transaction has already happened, but just hasn’t been documented yet.

For example, there may have been a transfer of trade from one group company to another on a particular date.

Leave a Reply

  1. Free online sexcam ipad 17-Sep-2020 11:17

    Je kunt Flash ook ontgrendelen door op het "puzzel" icoon in de rechter bovenhoek van je browser te klikken.

  2. liquidating assets prior to divorce 20-Aug-2020 20:46

    But in the end the sight and sound of my beloved slurping his way through a dish of noodles, his face half an inch from the bowl as he sucked the meal into his mouth like a top-of-the-range Dyson, was enough to extinguish any flames of passion.

  3. dating difficult 14-May-2020 10:12

    Most importantly: I am bringing you exclusive video chat deals and huge discounts that you won't find anywhere else.