Backdating documents english law dating hockey player rule

This is obviously something you will want to discuss with your auditors.

It is worth noting that whilst parties signing a contract or agreement may expressly state that the contract or agreement is effective from a date in the past, the parties should not "back-date" the date of execution (for example, sign the contract or agreement today and but insert an earlier date as the date of the document, thereby making it seem as if it was signed on some earlier date).

– in some cases specific legal formalities may need to be complied with in order to perfect the transaction.

For example, a transfer of land may need to be documented in writing and registered in order to be effective.

But there may still be a desire to backdate the economic effect.

For example, an intra group transfer of business and assets may have been intended to take place on 31 March but could not take place then because regulatory approvals were not yet in place.

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Here are some guidelines as to what may be possible from a legal perspective.

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