Backdating an employment contract start date richard gutierrez and heart evangelista dating
As from that date, customers may have been invoiced by the transferee, employees may have been paid by the transferee, and accounting entries may have been made to reflect the purchase price payable for the assets.
Together, these factors may indicate that the beneficial interest in the relevant assets has passed from a legal point of view.
Lawyers who were trained in commonwealth jurisdictions may have an ingrained concept that backdating a document is generally improper, if not illegal.
This is reflected in the Linklaters article Execution of Documents: Five Common Questions Answered, which offers the following advice for in-house lawyers: “(i) contracts may only be backdated, absent fraud, in circumstances where an original form has been lost or where terms have been fully agreed but signatures have been left to a later date and (ii) deeds may never be backdated.” Unfortunately, the article offers scant authority, and a search on Google reveals little else on the subject from the commonwealth world.
I use an “as of” date on the contract to reflect the date when the parties intended the contract to be become binding.
Backdating is usually disallowed and even can be illegal or fraudulent based on the situation.The “as of” date is almost always a day that is earlier than the date I started writing the contract (because first the agreement is negotiated, and then after it is negotiated, I write the contract).But there is no attempt to mislead anyone by having an “as of” date that is earlier the date when the contract is drafted and signed.Usually the term “backdate” is used to describe an attempt to commit a fraud through dishonestly making it appear that the agreement was reached earlier than the date when it was actually reached.In my line of work, two parties reach an agreement and then AFTER the terms are agreed upon, I prepare a written contract to reflect the terms of the agreement.