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Video about backdating a contract english law:

Legal English Vocabulary VV 27 - Contract Law (Lesson 2)




Backdating a contract english law

Backdating a contract english law


By using our website you agree to our use of cookies in accordance with our cookie policy. Click to Login as an existing user or Register so you can print this article. IP Draughts is unfamiliar with the French law on backdating documents, but can provide some insight into English law in this area. It is not straight forward and can give problems to any lawyer that agrees to backdate a document, even if he makes it clear on the document that it is backdated, as he must be careful to make sure that he knows why the document is being backdated and that it is being done for a legitimate reason. Specific advice should be sought for specific problems. However in practice, for both good reasons and bad, backdating of documents does occur. The quick answer is yes, this is possible, but Abigail Owen, Corporate Partner at Rawlison Butler, points out that there are a number of matters you should be aware of and need attending to. He also has no way of knowing whether the backdating will be scrutinized by a regulatory authority or even a Court. 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. Although criminal prosecution might be a risk in serious fraud cases, in most day to day legal matters where backdating occurs for reasons of administrative convenience, or simply by oversight or error, the risk of being charged with a crime are commensurately small. Lack of a prosecution does not mean a lack of legal consequences.

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Backdating a contract english law. Is backdating legal?.

Backdating a contract english law


By using our website you agree to our use of cookies in accordance with our cookie policy. Click to Login as an existing user or Register so you can print this article. IP Draughts is unfamiliar with the French law on backdating documents, but can provide some insight into English law in this area. It is not straight forward and can give problems to any lawyer that agrees to backdate a document, even if he makes it clear on the document that it is backdated, as he must be careful to make sure that he knows why the document is being backdated and that it is being done for a legitimate reason. Specific advice should be sought for specific problems. However in practice, for both good reasons and bad, backdating of documents does occur. The quick answer is yes, this is possible, but Abigail Owen, Corporate Partner at Rawlison Butler, points out that there are a number of matters you should be aware of and need attending to. He also has no way of knowing whether the backdating will be scrutinized by a regulatory authority or even a Court. 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. Although criminal prosecution might be a risk in serious fraud cases, in most day to day legal matters where backdating occurs for reasons of administrative convenience, or simply by oversight or error, the risk of being charged with a crime are commensurately small. Lack of a prosecution does not mean a lack of legal consequences.

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5 thoughts on “Backdating a contract english law

  1. [RANDKEYWORD
    Shakalrajas

    This could potentially be an offence under the Theft Act where it could be pursued as false accounting or false statements by directors, as well as potentially amounting to offences under other legislation, including a claim for conspiracy to defraud. Please read our full disclaimer and let us know if you would like us to advise on any legal issue.

  2. [RANDKEYWORD
    Tomi

    What confirmation of the earlier agreement did the client or the company for which the client and lawyer works provide?

  3. [RANDKEYWORD
    Grot

    Colin Riegels Colin Riegels One of the thornier issues which comes up in legal practice from time to time is the backdating of documents. Alternatively, is there a way of legally trying to achieve the required objective?

  4. [RANDKEYWORD
    Vulabar

    It will not affect the parties' obligations with regard to third parties for example, to the Revenue, which will invariably be based on the date of the contract itself, depending on the particular circumstances.

  5. [RANDKEYWORD
    Shaktikazahn

    For example, if one wishes to backdate a document for the purposes of recording an earlier oral agreement, it should nevertheless still be drafted in such a way so as to avoid giving the incorrect impression that it was actually signed on the date stated.

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