Backdating issue

You will also need to consider two other things from a legal perspective.Firstly, additional formalities may be needed to complete the legal transfer of assets or granting of rights.For example, the selling and buying companies participating in a business transfer may agree between themselves to treat the transaction as if it happened at the previous year end.

There are some cases where this approach is not possible.

One was sent to the subscriber, and the other was stored in their records, and then logged to CT when they logged all their certs.

Wo Sign has since updated their system to use better locking. The audit report says: We understand that remediation action was taken by Wo Sign to revoke those certificates in a timely manner.

The same considerations as regards legal and other due diligence would apply so as to manage the risk of any unintended liabilities being triggered, and to make sure that the legal transfer of the relevant assets is completed.

Conclusion It can be very tempting just to ‘backdate’ documents, with the intention of making life easier. 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.

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The agreement could specify, amongst other things, that costs and revenue would be apportioned by reference to the historic effective date, with adjusting payments being made accordingly.

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