By backdating Chengdu casual dating

Posted by / 31-Jan-2020 17:44

This is one of the most common issues which comes up in the context of group reorganisations or intercompany agreements. Giving a document a date which is earlier than the date when it was actually signed, would almost certainly constitute fraud.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. Obviously the ideal position is to put in place the legal documents in advance. Well, it depends on what was transferred, and whether it can be said that the relevant transaction has already happened.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.This could involve putting in place a business transfer agreement now, which is dated when it is actually signed.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.The document should be dated when it is actually signed, but it can refer to the historic effective date of the transaction.Is it legal to comply with the request or must it always be refused outright?

For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.

These may include registering the transfer of land or intellectual property rights, or obtaining third party consents or releases.

Secondly, the transfer may trigger liabilities, such as where the relevant group companies participated in a defined benefit pension scheme.

However, he only realizes this in January and so wishes to backdate the document to December.

The event did not happen during the time period required for the benefit so an attempt is being made to pretend that it did.

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The transaction should be ratified by minutes or resolutions of the participating entities.

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