Legality of backdating

Hello, Of course, it is never legal to falsify documents, but it seems that what you are dealing with is a case of some strange bookkeeping.

The company apparently dates their invoices the same day that the item is shipped.

An example illustrates the potential benefit of backdating to the recipient.

More often than not, in our experience, when parties type the date in ahead of signature, one or both parties fails to sign on the typed date.

The number of shares subject to option was 250,000 and the exercise price was (the trough in the stock price graph below.) Given a year-end price of , the intrinsic value of the options at the end of the year was (-) x 250,000 = ,750,000.

In comparison, had the options been granted at the year-end price when the decision to grant to options actually might have been made, the year-end intrinsic value would have been zero.

Accordingly, mis-dating a contract could amount to an offence under this Act.

Such an offence could be tried in the magistrates’ court or on indictment.

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