Retrospective dating of contract
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This would protect both you and the investor. Keep in mind that backdating in the U. A Google search on backdating or retroactive date in legal contracts in the U.
The takeaway, here, is to be sure and check the laws in your jurisdiction as well as common practice. There are a number of things that can go wrong when signing a non-disclosure agreement with a retroactive date. One possible snag in signing a backdated agreement is the potential for a breach upon signing.
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When drafting the backdated non-disclosure agreements, be very careful to ensure that none of the obligations would be impossible to meet or perform after the signing of the agreement. Make sure that your language is clear in stating that any such obligations are only applicable after the date of execution , rather than the effective date.
Another tricky situation with backdated non-disclosure agreements is the possibility that the Recipient Party of your confidential information failed to inform its representatives or third parties of their confidential duties prior to signing the agreement. When drafting the agreement, be sure to have candid conversations with the other party about what may have already been disclosed prior to the agreement being signed.
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This way the language of the non-disclosure agreement can be very specific. It goes without saying that no contract should ever be signed with the intention of fraud or misconduct.
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Before signing a retroactive agreement, consider all of the surrounding circumstances and draft your language accordingly. Make it clear as to why the backdating was necessary and steer clear of anything that may later be construed as fraudulent. So, what are best practices when an agreement with a retroactive date is truly your best option?
One of the most straightforward ways to backdate the agreement is to not backdate it at all. Not only does it protect you moving forward, but it requires that the Recipient Party essentially promise that no confidential information previously discussed has been disclosed or leaked in such a way that it would have violated the terms of the agreement, had the agreement been in effect already. Basically this language specifies that the effective date controls the agreement as opposed to the date of signature.
Backdating contracts and other documents and instruments
This can be approached in one of two ways. Either the clause can require the Recipient Party to attest that no disclosures have been made of confidential information already shared. Or, if certain confidential details have already been disclosed by the Recipient Party, those can be specifically listed in this clause, with a warranty that no other disclosures have been made, other than those specifically listed.
Link On 19 December , the Cypriot Minister of Finance, Harris Georgiades; and the British High Commissioner to Cyprus, Stephen Lillie, signed a protocol amending the Convention for the Elimination of Double Taxation between Cyprus and the United Kingdom, with respect to taxes on income, capital gains, and the prevention of tax evasion and avoidance. Link In this article, originally published by LexLatin, Nicole Pineda and Ana Lazgare address why Cayman Islands SPVs are the issuing vehicle of choice for project bonds funding large infrastructure projects including greenfield projects with a long economic life.
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This comes at a time of such great need for Foreign Direct Investment into Peru. This article is published in Spanish, download the PDF to read more. Link The Cyprus Tax Department has recently published an informative circular, which explains the tax treatment of non-returnable capital contributions by Cyprus taxpayers to companies that are non-Cyprus tax resident. All but three sections provide for a framework of sanctions implementation in the UK following Brexit. The remaining three sections, precisely sections 49 to 51, deal with discrete anti-money laundering issues, most controversially including the proposed introduction of publicly accessible registers of beneficial ownership information on companies in the UK overseas territories.