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- USA "Andersonville" But even if a person is not charged with a crime, the fact that a crime can be demonstrated to have occurred may still impact the rights of the parties. The best way to achieve this is to state openly in the document that it is recording an earlier oral agreement made on, and so is with effect from, a particular date and then date it the actual date it was signed.
It is not straight forward and can give problems to any lawyer that agrees to backdate a document, even if he makes it clear on the document that it is backdated, as he must be careful to make sure that he knows why the document is being backdated and that it is being done for a legitimate reason. The court also found that the Option was not void and unenforceable for illegality under common law since the illegal manner in which the respondents intended to procure financing was too remote from the contract and the respondents did not need to rely on the backdating to found their claim against the appellant.
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So is it ever OK to backdate a document? Where the parties have obviously and without malice tried to wrap antecedent matters into a contractual framework, the courts will often imply a necessary term into the contract in relation to the regulation of earlier matters, particularly where this does not have an adverse impact on a third party or result in some evasion of taxation or filing fees. Emma Sanderson Consultant London. Backdating contracts singapore street.
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