Pre dating documents

pre dating documents

Is it bad to back date documents?

However in practice, for both good reasons and bad, back dating of documents does occur. The risks of back dating (or misdating) documents accidentally is multiplied in modern commercial transactions by the practice of getting all the documents signed before “completion” and then rushing around dating them afterwards.

What is an example of a dated document?

Early documents, such as medieval deeds, for example, may be dated by reference to a day of the week, a nearby religious feast day and the year of the reigning monarch - a system which has little in common with the current method of noting day, month and calendar year.

What happens if you falsely date a document?

But even if there is no crime committed (for example, if the back dating was accidental so that there was no mens rea) or if one simply disregards the criminal aspects, falsely dating a document may negate the document under other common law doctrines such as non es factum (“not my deed”) or the rule in Pigot’s Case such that in the eyes of the ...

How do courts deal with back dating of legal documents?

Where both parties consent to the back dating of the document, normally the courts in common law countries will simply disregard the back dating of the document, and treat the rights as accruing from the date when the document was actually executed.

When is it appropriate to backdate a document?

Whether backdating a document is appropriate depends on the backdating’s “purpose and effect.” Backdating to perpetrate a fraud is obviously unethical and illegal. However, backdating to memorialize a prior act or event is a legitimate and necessary practice. Past acts and events can – and often must – be documented.

When is Backdating a document fraudulent?

If backdating document misleads a third party or gives a false impression about when an action was taken, it may be fraudulent. The parties’ intentions are also important when evaluating whether backdating is legal.

When is it improper to date a document?

It is improper, of course, to date a document on one date, but the event occurred on a different, later date. Typically this type of backdating occurs when the beneficiary of the backdating can reap some sort of tax or other benefit if the event had occurred on the earlier date. Examples of improper, fraudulent backdating:

Is backdating ever okay?

Is Backdating Ever Okay? Although backdating can be either legitimate or improper, it is often misunderstood and associated with wrongdoing. Backdating encompasses a broad scope of conduct ranging from blatant fraud to the legitimate and common practice of executing a document after the event has already occurred.

The act is considered fraud, and anyone found aiding and abetting the passing of false documents may spend time in prison and be required to pay a fine. They will also be unable to prepare or submit such documentation to the court ever again. Who Might Engage in This Behavior?

What happens if a legal document is backdated?

Where both parties consent to the backdating of the document, normally the courts in common law countries will simply disregard the backdating of the document, and treat the rights as accruing from the date when the document was actually executed.

What is back dating in legal terms?

When we say “back dating” what we usually mean is executing a document and then dating it with an earlier date than the actual date of execution, with the intention that it should be treated as giving rise to legal rights before the actual date.

Can a lawyer legally backdate a contract?

Additionally, as a matter of law, parties to a contract can make their agreement effective on a date of their choosing, as long as no third party’s rights are implicated. Each of the above are examples of situations where attorneys may legally backdate documents.

What does as of date mean on a legal document?

The “as of” modifier notifies the reader that although the date accurately reflects the actual or effective date of the agreement, the document may have been executed later. By using “as of” dating, a lawyer can generally minimize the risk that backdating will mislead a court or other third party.

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