Backdating checks irs portsmouth university speed dating
Lawyers who were trained in commonwealth jurisdictions may have an ingrained concept that backdating a document is generally improper, if not illegal.This is reflected in the Linklaters article Execution of Documents: Five Common Questions Answered, which offers the following advice for in-house lawyers: “(i) contracts may only be backdated, absent fraud, in circumstances where an original form has been lost or where terms have been fully agreed but signatures have been left to a later date and (ii) deeds may never be backdated.” Unfortunately, the article offers scant authority, and a search on Google reveals little else on the subject from the commonwealth world.Unfortunately, there is no simple or straight forward answer to this and it comes down to how comfortable the lawyer will be defending his position in agreeing to backdate the document if his judgment was wrong and the authorities challenge the document, possibly in a criminal complaint against the client.What confirmation of the earlier agreement did the client or the company for which the client (and lawyer) works provide?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.In theory, this would appear on the face of it to be a reasonable request, as it is just a private arrangement between two parties.Is it legal to comply with the request or must it always be refused outright?Alternatively, is there a way of legally trying to achieve the required objective?
There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof.
If the document is putting in place something which “should have been done” but hasn’t been, usually for tax or similar reasons, then the position is straightforward.
For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.
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?
The difficult question for a lawyer to answer is to what extent does he have to enquire into the veracity of his client’s statement that the document “is just recording an earlier agreement”?
However, he only realizes this in January and so wishes to backdate the document to December.