Backdating
Backdating documents
Audio version - read by me with extra comment. https://hiddendifference.info/y2st9xyt
is backdating a document fraud? at DuckDuckGo
Backdating Documents — The Facts Whilst it might be tempting at times, backdating a document is never the answer! 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. From your lawyer’s point of view, it’s also contrary to the rules of professional conduct for English solicitors. Aside from the more obvious deterrents referred to above, another important reason to not backdate a document, is that it simply isn’t necessary. 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 Backdating Ever Okay? Its legitimacy depends upon its purpose and effect. It is improper, of course, to date a document on one date, but the event occurred on a different, later date. However, not all backdating involves fabrication. However, not all backdating involves
fabrication: The action of fabricating or ‘making up’; the invention (of a statement); the forging (of a document). Also concrete. An invention; a false statement; a forgery. (OED)
Backdating can also involve the practice of dating a document on the date the event occurred even if it is not signed until later. Here, the event occurs before the document evidencing it can be executed, and the document simply memorializes the earlier event. This is both a common and legitimate use of backdating.
Is Backdating Documents or Contracts Legal? | Al Tamimi & Company A USA view, interesting as regards whether oral agreement took place. Observes documents required by law to be in writing cannot be agreed orally.
Backdating Definition USA again. Backdating is the practice of marking a document, whether a check (cheque!), contract, or another legally binding document, with a date that is prior to what it should be. Backdating is usually disallowed and can even be illegal or fraudulent based on the situation. Sometimes though, backdating can be acceptable; however, the parties involved must agree to it.
Back dating a invoice - Legal? | AccountingWEB
where is the evidence of such authority?
There isn’t any - but absence of evidence is not evidence of absence.
Backdating contracts and other documents and instruments | Insights | Harneys (BVI) if one simply disregards the criminal aspects, falsely dating a document may negate the document under other common law doctrines such as non est factum (“not my deed”) or the rule in Pigot’s Case such that in the eyes of the courts, the document is treated as though it does not exist. EDIT: So that’s “no evidence presented”.
CONCLUSION
There is no conclusion because each matter hinges on its own exact facts. However, clearly to be avoided given the interface with criminal law and false accounting.