Dating legal documents

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.

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.

How do you write dates in legal documents?

Under modern rules, few if any states limit how you write dates in legal documents other than requiring standard American usage: the month first, the day second and the year last.

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 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.

What is the legal definition of backdating?

What is Backdating. Backdating is the practice of marking a document, whether a check, contract or other legally binding document, with a date that is prior to what it should be. Backdating is usually disallowed and even can be illegal or fraudulent based on the situation. There are certain situations, however,...

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.

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.

Is Backdating a document a criminal offence?

Backdating a document is potentially a criminal offence under section 17 (false accounting) or section (false statements by company directors) of the Theft Act 1968 and in certain circumstances it may also constitute forgery or conspiracy to defraud.