chatterbox dating - Backdating business history

This would be fraud, and would be likely to expose those involved to a number of different criminal offences.

For example, a transfer of land may need to be documented in writing and registered in order to be effective.

You will need to analyse the different elements of the transaction and consider whether as a matter of substance it is fair to say that the transaction did actually happen on the historic date.

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.

– in some cases specific legal formalities may need to be complied with in order to perfect the transaction.

Backdating requires a justification for the correction (e.g., promotional appointments require substantiating the employee performed duties at the higher level as of the retroactive effective date).

Reasons for backdating transactions may include: It is the policy of the Department of General Services' (DGS) Office of Human Resources (OHR) to authorize backdated appointments and/or make corrections to an individual’s employment history.

Out-Law Legal Update A stamp duty land tax (SDLT) anti avoidance provision applied to a series of transactions which included a sale of units in a Guernsey property unit trust (GPUT) and did not require a tax avoidance motive, the first tier tribunal has decided in a case involving Hannover Leasing.

The anti avoidance provision in question, section 75A of Finance Act 2003, can increase the SDLT liability where a number of transactions are involved and less SDLT is payable than if the purchaser had just acquired the property directly from the seller.

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.

This is obviously something you will want to discuss with your auditors.

From a corporate governance perspective, the transaction would be approved in the normal way, e.g.

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