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, a reduction of share capital using the UK solvency statement procedure only takes effect in law when it is actually registered with Companies House.
So any attempt to rely on the reduction before registration would be ineffective.
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.
Together, these factors may indicate that the beneficial interest in the relevant assets has passed from a legal point of view.
In the US, however, there seems to be have been much more consideration of the issue (at least according to my Google search results).
Despite recent controversies surrounding the backdating of executive stock options, the general attitude in the US is that backdating is not wrong (or right), per se.
Such relation back or forward contravenes no principle of law and is determined by the intent of the parties as deduced from the instrument itself.” As a practical matter, the proper date to put on an agreement is something that corporate counsel is likely to have to make a judgment call on quite often.
This is because documents take time to draft, negotiate and execute.
Documenting a transaction which has not yet happened In other cases, it may not be possible to say that the relevant transaction has already taken place – but you may still want to achieve a ‘backdated’ effect.