Back dating document
Documents are occasionally fraudulently backdated to make them appear as though they were issued or signed much earlier.In such cases, the backdating of documents can often be proved by closely inspecting the type of paper, ink, typewriting or printed information that is present on the questioned document.Although it may have been intended to put in place a new arrangement by a particular date – often a year end – that date may now have passed. Obviously the ideal position is to put in place the legal documents in advance. Well, it depends on what was transferred, and whether it can be said that the relevant transaction has already happened.Documenting a transaction which has already happened One possible scenario is that the relevant transaction has already happened, but just hasn’t been documented yet.For example, there may have been a transfer of trade from one group company to another on a particular date.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.The July 29th page was tested for indented writing impressions using the ESDA. Indented impressions (originating from writing in the July 22nd box) appear "black" while visible writing on the July 29th page appears "white".The white lines of the word "Take" in Figure 6 are unbroken and appear to lie over the black lines that correspond to impressions produced by writing on the preceding page.
Typically this is where parties have reached an agreement and must wait while their solicitors properly document that agreement.
Indented writing impressions can be made visible by testing documents with an Electro-Static Detection Apparatus or ESDA.
A description of this instrument and the functions it performs appear in the section Indented Writing.
The legal necessity for documentation applies only to certain types of transactions.
The types of transactions that must be in writing are based on legislation that traces back to the Statute of Frauds (1677) UK.