Backdating documents english law sex dating in monticello arkansas
A document may be backdated for a variety of reasons, some of which are innocent and some of which are improper or fraudulent.The former category includes the situation where the parties to a deal reach an oral agreement before a written contract is prepared, and the written contract is backdated to match the date on which the oral agreement was made.
A former partner of Linklaters Shanghai, Andrew Godwin teaches law at Melbourne Law School in Australia, where he is an associate director of its Asian Law Centre.
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.
If lawyers are involved in the practice, they may also face disciplinary penalties under their professional conduct rules, such as having their practising certificate revoked.
In 2014, a solicitor in the UK had her practising certificate revoked when she backdated a letter to the lawyers for the other side in litigation proceedings to make it appear that she had complied with a court order to submit medical evidence to the other side by a certain date.