Backdating


19-Mar-2020 14:48

There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof.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.This is not an agreement that could have been made orally.However, even if it is an agreement that could have been made orally the lawyer preparing the agreement has no way of knowing whether that is actually the case and that the agreement to be fully documented by him is the one that was reached at the earlier date.For example, in a company's employees were interested in unionizing.The company attempted to impede the unionization by hiring additional employees that were against the union.Needless to say, even these methods of “backdating” a document should not be used when there was no earlier agreement and the document is just an attempt to give a false impression that something occurred on an earlier date than it did.Because even putting “as of” a certain date will not protect the lawyer from implication in a criminal act if the purpose of the backdating is actually to defraud or mislead the taxman, any regulatory authority or even any other individual and the lawyer knew or should have known that this was the case.

Does he need to check to see whether that was actually the case or can he take an ostrich-like position and put his head in the sand and not ask any questions?Therefore, if in doubt it is best to say “no” or to take external legal advice if appropriate.It is common for two parties, particularly in the commercial context, to enter into a contract at one time, but agree to have the contract come into effect at an earlier time. Courts respect the parties' decision to backdate since giving effect to backdating provisions respects the parties' intentions as well as their freedom of contract., 1968 (the date the contract was delivered to the insured).For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.

However, an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it.Alternatively, is there a way of legally trying to achieve the required objective?



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