Is it legal to comply with the request or backdating documents it always be refused outright? Alternatively, is there a way of legally trying to achieve backdating documents required objective? For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits. A performance or action listed in a contract may have been executed before the contract was dated, meaning it needs an earlier effective date. Sometimes contracts will be signed on different dates and an "as of" formula that's described in the paper may be used. Sometimes it's possible to describe a situation in the contract's body without needing to backdate it, which is preferred. Backdating the Contract Effective Date. Pitfalls and Practices Many jurisdictions allow an earlier contract effective date than the one that's signed, but it's not always advisable. There can be adverse consequences that the parties will want to be aware of.
Although it may have been intended to put in place a new arrangement by a particular date — often a year end — that date may now have passed. The question is. can the documents be backdated? Giving a document a date which is earlier than the date when it was actually signed, would almost certainly constitute fraud. Obviously the ideal position is to put in place the legal documents in advance. So what is possible in this situation?
Updated Jan 18, 2018 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.