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This is a fraud on the tax authorities, a criminal offence and is likely to get the lawyer who prepared the document disciplined by his regulator and possibly also charged as a co-conspirator.

For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.

However, the actual date of signature should nevertheless be set out in the attestation clause at the end to avoid any claims that the document was intentionally misleading.

A client or, in the case of an in house lawyer colleague (who for the purposes of this article will also be considered a client), asks you to prepare a document and then your heart sinks as he says “oh and it has to be dated” and gives a date which has already passed.There are certain situations, however, when backdating is acceptable; however, the parties involved must agree to it.There was a spate of backdating stock options in the 2000s, mostly at technology firms that rely heavily on stock options for executive compensation, but also at some companies not in the tech sector.The argument is obviously not valid if the transaction is one which is required by law to be in writing such as a transfer of land.This is not an agreement that could have been made orally.

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