Whether backdating a document is appropriate depends on the backdatings purpose and effect backdating to perpetrate a fraud is obviously unethical and illegal however backdating to memorialize a prior act or event is a legitimate and necessary practice.
Span classnews_dtmar 06 2009spannbsp018332even for a simple document such as a nondisclosure agreement or confidentiality agreement the parties may legitimately want the document to take effect from an earlier date.
Setting aside such issues avoiding unwanted side effects of backdating contracts can be tricky especially when the purported effective date of an agreement is several months before the date it was actually signed as can be seen in fh partners llc v complete home concepts inc.
ethics of options repricing and backdating using virtue ethics to gauge this tactic the authors examined both the action and the reasons for taking a particular action as follows if repricing is motivated by selfinterest and by the companys interest in retaining the executive then the action is unethical because the remaining.
Backdating is the practice of marking a document check contract or other legallybinding agreement with a date that is prior to what it should be.
Opinions in several other jurisdictions have similarly concluded that with certain exceptions a lawyer may convert paper documents to electronic form and maintain the clients file solely in electronic form without requiring client consent.
You may have the best motive and intent in the world when you backdate a clinical trial document you may also still have a problem with the us food and drug administration fda example a subject signs the wrong informed consent form icf during a screening visit.
Backdating by jeffrey l kwall and stuart duhl backdating is a much misunderstood and largely unexplored subject it involves a wide range of conduct some of.
Backdating is a much misunderstood and largely unexplored subject it involves a wide range of conduct some of which is an integral part of everyday law practice to the layperson backdating connotes wrongdoing the propriety of backdating however depends upon its purpose and effect.