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Is backdating a document legal?

Is backdating a document legal?

Backdating is Generally Permissible This practice is colloquially known as backdating. Courts respect the parties’ decision to backdate since giving effect to backdating provisions respects the parties’ intentions as well as their freedom of contract.

Is it illegal to backdate a document Singapore?

Singapore – Crossing the Line: When Backdated Contracts Become Illegal. In late May 2014, the Court of Appeal (“CA”) issued a landmark decision on the enforceability of an option to purchase a property (Ting Siew May v Boon Lay Choo [2014] SGCA 28).

Is it illegal to back date an invoice?

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.

Is it illegal to backdate a legal document?

Yet, backdating documents can be illegal or even criminal. If backdating document misleads a third party or gives a false impression about when an action was taken, it may be fraudulent. The parties’ intentions are also important when evaluating whether backdating is legal.

When to disclose that a document has been backdated?

An “as of” date is not the only way that parties can disclose that they are backdating a document. In a contract or resolution, the recitals [1] can tell the story, including the backdating. Consider the following sample: This language makes it clear to anyone reading the written contract that it has been backdated.

Is it illegal to backdate a violin label?

Backdating violin labels was not uncommon, and it was not illegal. However, backdating legal documents is another matter. Backdating legal documents is frequently permissible. However, under other circumstances, it can be fraudulent or illegal.

How does a court treat a backdating contract?

Where both parties consent to the backdating of the document, normally the courts in common law countries will simply disregard the backdating of the document, and treat the rights as accruing from the date when the document was actually executed.

Is it legal to backdate a legal document?

One of the thornier issues which comes up in legal practice from time to time is the backdating of documents. Legally speaking, this is something that you should not do – or more accurately, there will only ever rarely be occasions when this is appropriate to do.

An “as of” date is not the only way that parties can disclose that they are backdating a document. In a contract or resolution, the recitals [1] can tell the story, including the backdating. Consider the following sample: This language makes it clear to anyone reading the written contract that it has been backdated.

Backdating violin labels was not uncommon, and it was not illegal. However, backdating legal documents is another matter. Backdating legal documents is frequently permissible.

Where both parties consent to the backdating of the document, normally the courts in common law countries will simply disregard the backdating of the document, and treat the rights as accruing from the date when the document was actually executed.