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04-Aug-2017 06:13

The first and most important thing to note about the consequences of backdating a document is that it is potentially a criminal offence.When we say “backdating” what we usually mean is executing a document and then dating it with an earlier date than the actual date of execution, with the intention that it should be treated as giving rise to legal rights before the actual date.But even if there is no crime committed (for example, if the backdating was accidental so that there was no (“not my deed”) or the rule in Pigot’s Case such that in the eyes of the courts, the document is treated as though it does not exist.However, such doctrines are normally limited to situations where one party backdates the contract without the knowledge or consent of the other.

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In such cases it would be perfectly proper for the parties to re-execute an identical document to replace the missing one.Although criminal prosecution might be a risk in serious fraud cases, in most day to day legal matters where backdating occurs for reasons of administrative convenience, or simply by oversight or error, the risk of being charged with a crime are commensurately small.