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In some cases, backdating can be considered an act of fraud and an SEC investigation may result.

Back dating fee offers is common when law firms change their rates.

Options backdating occurs when companies grant options to their executives that correspond to a day where there was a significantly lower share price.

It is suspected that these situations are not a coincidence and that the board or executives were granted options based on a past date in order to make these options more profitable.

Drafting and executing a document after an event occurs, but in a manner that accurately reflects the date on which the event transpired, is a permissible form of backdating.

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