updating cached messages - Backdating

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

For example, in a company's employees were interested in unionizing.

The company attempted to impede the unionization by hiring additional employees that were against the union.

option grants to periods of lower share prices (Yermack, 1997; Aboody and Kasznik, 2000; Chauvin and Shenoy, 2001; Lie, 2005; Heron and Lie, 2007; and Narayanan and Seyhun, 2006), or decreasing earnings to suppress share price when options are granted (Baker, Collins, and Reitenga, 2003; Cheng and Warfield, 2005; Bergstresser and Philippon, 2006; Cornett, Marcus, and Tehranian, 2008; Mc Anally, Srivastava, and Weaver, 2008).

I am sure that from time to time we have all come across the vexed question of backdating documents.

This is not an agreement that could have been made orally.

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.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.The position is then clear to all who subsequently look at the document.For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.However, he only realizes this in January and so wishes to backdate the document to December.There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof.

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