We need to set up an agency agreement between a company and a partnership of trusts, similar to the agreement normally set up between a corporate manager and partnership of trusts. The only problem we have with the agreement is that it would have to be retrospectively back dated as the business started trading circa 6 months ago. The query is, can we in fact back date the agency agreement and will it be a problem?

We do not backdate documents - we only issue documents for trusts, partnerships, etc, that are being set up. Also, the way our documents work, everything they would get would only be relevant if the partnership was being set up now.

However, you may be able to have an agency agreement drawn up which recognises that the agent was appointed six months ago by the partnership of trusts, but that they weren't able to put it into writing until now (the partners could probably even recognise the appointment in a simple written resolution of the partnership, although this would not contain all of the extra bells and whistles regarding the terms of the agency arrangement that is contained in our partnership agreement). Such an agreement would still be dated with the date of execution, but may also specify an earlier commencement date (specific legal advice should be sought about this). However, our documents won't be sufficient for such a retrospective recognition of the agency arrangement, and if the partners (and agent) can't agree, in writing, on how they want the agency to operate, they may need to see a lawyer to draft something up specifically for them.

This all assumes that the company was actually appointed as agent 6 months ago as a question of fact, but it just wasn't put in writing (if this is not the case, you should not under any circumstances enter into the written agreement as described above). You would need to be able to prove that this appointment actually did take place, to prove that the company did everything during that time as the partnership's agent, and not on its own account.