two intimidating hypp Backdating securities

For example, if one wishes to backdate a document for the purposes of recording an earlier oral agreement, it should nevertheless still be drafted in such a way so as to avoid giving the incorrect impression that it was actually signed on the date stated.The best way to achieve this is to state openly in the document that it is recording an earlier oral agreement made on, and so is with effect from, a particular date and then date it the actual date it was signed.However, an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it.

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.Unfortunately, there is no simple or straight forward answer to this and it comes down to how comfortable the lawyer will be defending his position in agreeing to backdate the document if his judgment was wrong and the authorities challenge the document, possibly in a criminal complaint against the client.What confirmation of the earlier agreement did the client or the company for which the client (and lawyer) works provide?Is it legal to comply with the request or must it always be refused outright?

Alternatively, is there a way of legally trying to achieve the required objective?The argument is obviously not valid if the transaction is one which is required by law to be in writing such as a transfer of land.This is not an agreement that could have been made orally.Financial Services Law360 UK provides breaking news and analysis on the financial sector.Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.However, even if it is an agreement that could have been made orally the lawyer preparing the agreement has no way of knowing whether that is actually the case and that the agreement to be fully documented by him is the one that was reached at the earlier date.