Post dating documents legal

post dating documents legal

Is it legal to back date documents?

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. The first and most important thing to note about the consequences of back dating a document is that it is potentially a criminal offence.

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.

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 ...

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:

Can a document be backdated on one date?

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.

Is Backdating a document inevitable?

Moreover, at times fabricated backdating can be innocuous when no third party’s rights are adversely affected and no law is violated, and other times backdating that memorializes can be problematic if it misleads a court to believe the document was executed on the date the event occurred. Unfortunately, backdating is often inevitable.

Is it legal to backdate a contract?

Rebecca Gardner, Corporate & Commercial Partner at Howat Avraam Solicitors comments: Backdating documents is a surprisingly common request from clients. However, under English law, a contract can create (or confirm) rights relating to past events so there’s no need for them to be backdated.

Is it illegal to backdate a tax return?

A document which is backdated in order to obtain a more favorable legal result also is likely to be illegal. For instance, if a document is signed in January but is backdated to December in order to obtain a particular tax benefit, it likely is illegal and may be criminal.

Can a document be backdated on one date?

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.

Why is the date on a document so important?

Documents are intended to show intent, information or contracts, and therefore the date on which these things take place is extremely important. A wrong or incorrectly placed date on a contract of sale, for instance, could void the transaction.

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 ...

Is Backdating a document inevitable?

Moreover, at times fabricated backdating can be innocuous when no third party’s rights are adversely affected and no law is violated, and other times backdating that memorializes can be problematic if it misleads a court to believe the document was executed on the date the event occurred. Unfortunately, backdating is often inevitable.

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