Only proceed if the answer is no

Backdating mortgage documents

Similarly, a person who wants to buy health insurance and make it effective beginning at a date prior to the current date. In this situation, it may be possible to create a document after the event which recites what actually happened, and which records the key terms of the transaction. Group Reorganization Planning Form. Obviously the ideal position is to put in place the legal documents in advance.

Ascertain if the backdating would violate a law or adversely affect the rights of third parties including government and regulatory bodies. The agreement could specify, amongst other things, that costs and revenue would be apportioned by reference to the historic effective date, with adjusting payments being made accordingly.

The agreement could specify amongst other

Bank lacked the authority to foreclose, the court ruled, following the Ibanez decision. Juarez and Glenn Russell will now get the opportunity to litigate their claims in the lower court. However, he only realizes this in January and so wishes to backdate the document to December.

Well, it depends on what was transferred, and whether it can be said that the relevant transaction has already happened. 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. Such relation back or forward contravenes no principle of law and is determined by the intent of the parties as deduced from the instrument itself. He also has no way of knowing whether the backdating will be scrutinized by a regulatory authority or even a Court.

Ascertain if the

Firstly, additional formalities may be needed to complete the legal transfer of assets or granting of rights. He can be reached at info vetsteinlawgroup. For example, the selling and buying companies participating in a business transfer may agree between themselves to treat the transaction as if it happened at the previous year end. Backdating, in this case, may be useful as the parties, who have already begun acting on the agreement, finish the final details of the written contract. There are some cases where this approach is not possible.