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Posted by / 22-Jan-2020 23:30

He also has no way of knowing whether the backdating will be scrutinized by a regulatory authority or even a Court.For example, will the document be provided in support of the party’s tax position giving the impression that a signed legal contact was in place before it was?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.

The argument is obviously not valid if the transaction is one which is required by law to be in writing such as a transfer of land.Another way is to state at the beginning of the document that it is made “as of” the required date.However, the actual date of signature should nevertheless be set out in the attestation clause at the end to avoid any claims that the document was intentionally misleading.Legislative changes between the dates would have invalidated an EPA executed after September 2007.The solicitor of 41 years told the tribunal the admission was made with ‘profound regret and contrition’.

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