Backdating issue


08-Dec-2019 11:47

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.

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.

Wo Sign say that they were aware that they were doing this, and that the cause was a delay in implementing the changes from CAB Forum ballot 118.

Ballot 118 was passed on 16th October 2014, but Wo Sign were unable to update their systems until March 5th 2015, nearly five months later.

The transaction should be ratified by minutes or resolutions of the participating entities.

There are some cases where this approach is not possible.For example, a reduction of share capital using the UK solvency statement procedure only takes effect in law when it is actually registered with Companies House.



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