Backdating documents english law
The obligations to third parties will almost invariably be based on the date that the contract or agreement was fully executed subject to any applicable special circumstances.
It is worth noting that whilst parties signing a contract or agreement may expressly state that the contract or agreement is effective from a date in the past, the parties should not "back-date" the date of execution (for example, sign the contract or agreement today and but insert an earlier date as the date of the document, thereby making it seem as if it was signed on some earlier date).
In this kind of situation, the following general approach should be considered: – the relevant arrangements can be documented in the appropriate form, such as a loan agreement or business transfer agreement.
It is helpful if the recitals to the agreements describe the history of what actually happened, when it happened and what evidence of this exists. when actually signed), but can refer to the historic transaction date.
Contracts can also, confusingly, contain defined dates such as ‘commencement date’, ‘effective date’ or ‘start date’.
This would involve, amongst other things, apportioning costs and revenue by reference to the effective date.
From a corporate governance perspective, the transaction would be approved in the normal way, e.g.
by board resolutions which approve the implementation of the transaction, including the effective date as one of the commercial terms.
As mentioned above, it is a matter of accounting practice as to whether the transaction can properly be accounted for as taking place on 31 March.