Back dating mortgage documents needed
For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits. There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof. In theory, this would appear on the face of it to be a reasonable request, as it is just a private arrangement between two parties. He also has no way of knowing whether the backdating will be scrutinized by a regulatory authority or even a Court. These two general areas mean that some legal due diligence should be carried out to identify and address areas for corrective action.
Well, it depends on what was transferred, and whether it can be said that the relevant transaction has already happened. Group Reorganization Planning Form. For obvious reasons, any request to backdate a document for these reasons should be flatly turned down. 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 a fraud on the tax authorities, a criminal offence and is likely to get the lawyer who prepared the document disciplined by his regulator and possibly also charged as a co-conspirator.
Together, these factors may indicate that the beneficial interest in the relevant assets has passed from a legal point of view. The transaction should be ratified by minutes or resolutions of the participating entities. With a bit of thought and investigation, is it often possible to achieve a result which gets close to the desired result and also lets you sleep at night. This is never a good idea.
For example, there may have been a transfer of trade from one group company to another on a particular date. Firstly, additional formalities may be needed to complete the legal transfer of assets or granting of rights. The position is then clear to all who subsequently look at the document.
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