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04-Feb-2017 15:12

But even if there is no crime committed (for example, if the back dating was accidental so that there was no such that in the eyes of the courts, the document is treated as though it does not exist.However, such doctrines are normally limited to situations where one party back dates the contract without the knowledge or consent of the other.

This article will try to unpick the various legal threads of when you can and cannot back date documents, and what the consequences will be if you do.Although criminal prosecution might be a risk in serious fraud cases, in most day to day legal matters where back dating occurs for reasons of administrative convenience, or simply by oversight or error, the risk of being charged with a crime are commensurately small.But even if a person is not charged with a crime, the fact that a crime can be demonstrated to have occurred may still impact the rights of the parties.In common law systems Bills of Exchange Acts will normally expressly permit cheques, promissory notes and other bills of exchange to be post-dated or ante-dated.

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And if a share certificate or bond certificate is lost, it will invariably be reissued as signed and sealed with its original date of issue - not the date of reissue.Furthermore, giving the written contract its own date simply reflects the reality of how the contract process unfolded, and it’s always good to have contracts track reality.If the date of the oral agreement was reached is somehow significant, then mention it in the recitals of the written contract.Drafting and executing a document after an event occurs, but in a manner that accurately reflects the date on which the event transpired, is a permissible form of backdating.



Mar 6, 2009. In this article, the author writes “Backdating by itself is not generally, at least with respect to private agreements, illegal. Rather, it is.… continue reading »


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Sep 30, 2013. The question is can the documents be backdated. procedure only takes effect in law when it is actually registered with Companies House.… continue reading »


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Backdating in most circumstances is considered fraudulent and illegal. Sometimes, it is taken as legal and beneficial. For instance, backdating a claim for a past.… continue reading »


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