Nunc pro tunc, which is Latin for “now for then,” is a legal concept that is used when a court or other entity issues a decision or document retroactively, with the intention of allowing it to apply to a previous date. In other words, an action or document executed under the nunc pro tunc doctrine have the power as if it were executed from the earlier date.
In business terms, an example of nunc pro tunc is when a company goes public and is required to file all the necessary documents to make the transaction compliant with the law. The documents might not have been filed in a timely manner, but the court can still recognize them and apply a nunc pro tunc order, allowing them to retroactively go into effect as of the original date intended.
Another common example is when a filing party discovers too late that they need to make an amendment to an earlier court document. In this case, the court can issue a nunc pro tunc order, and allow the amendment to be applied retroactively to a specific date.
Nunc pro tunc can be used to serve a variety of purposes and is generally used when errors, omissions, or timeliness need to be rectified in various court filings. Knowing what to do in specific circumstances and when it’s necessary to seek a nunc pro tunc order can be complicated, and any company that finds itself in this situation should consult with an experienced lawyer.