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Signing and dating documents

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Although criminal prosecution might be a risk in serious fraud cases, in most day to day legal matters where backdating occurs for reasons of administrative convenience, or simply by oversight or error, the risk of being charged with a crime are commensurately small. United Arab Emirates January 31 I am sure that from time to time we have all come across the vexed question of backdating documents. There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof. For those instances where a document is intended to take effect retroactively, you should: This is not an agreement that could have been made orally. Shake does this automatically! Most of the suggestions above are derived from this excellent article by Kwall and Duhl, which delves into the subject in detail albeit from a US law perspective. The contract may have an earlier or later effective date than the date of signing, but the terms of the contract only become binding when the party offered the contract signs it. However, even if it is an agreement that could have been made orally the lawyer preparing the agreement has no way of knowing whether that is actually the case and that the agreement to be fully documented by him is the one that was reached at the earlier date. It is of common occurrence in connection with deeds, leases and other contracts that, while they are not in effect at all and have no legal existence until delivered, yet, in respect to the date of delivery, they, in point of commencement, relate back or commence in the future.

Signing and dating documents


Is the client a longstanding one who has always acted properly in the past? The event did not happen during the time period required for the benefit so an attempt is being made to pretend that it did. For example, if one wishes to backdate a document for the purposes of recording an earlier oral agreement, it should nevertheless still be drafted in such a way so as to avoid giving the incorrect impression that it was actually signed on the date stated. Legally speaking of course what they should do is put a provision in the contract which states that the terms of this contract shall also govern prior transactions which the parties shall henceforth treat as being regulated by those terms. With the signature of the offeree, both parties have accepted the terms of the contract, making the contract binding on both parties. If there is no stated effective date, the contract goes into effect when the party offered the contract signs it. You can never be absolutely sure whether it is alive or dead or perhaps alive from a different date than you had anticipated until a judge opens the box for you. Accordingly, the best advice in relation to backdating documents will always remain: The position is then clear to all who subsequently look at the document. He also has no way of knowing whether the backdating will be scrutinized by a regulatory authority or even a Court. The first and most important thing to note about the consequences of backdating a document is that it is potentially a criminal offence. Either is acceptable, provided that both you and the other party intended it. Although in exceptional cases — where third party rights are not affected — the courts might be persuaded to treat the stated date as being the effective date, a situation we return to below. However, where lay persons write contracts themselves or download a pro forma from the internet, often these legal niceties are lost upon them. There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof. Even for a simple document such as a Non-Disclosure Agreement or Confidentiality Agreement , the parties may legitimately want the document to take effect from an earlier date. Bradley Real Estate Trust, F. However, at common law this was a criminal offence going by the contradictory sounding name of uttering a false document and in most English law based legal systems it is still an offence today, although in many cases statutory provisions have superseded the common law for example, in the British Virgin Islands see section of the Criminal Code Is it legal to comply with the request or must it always be refused outright? The stated effective date applies the terms retroactively or prospectively. Slightly more tenuously, where the parties reached a binding agreement on a certain date, but only reduced it to writing on a later date, they might be justified in putting the date of agreement rather than the date of execution if the terms were in fact identical a more likely scenario given the length and detail of many modern written contracts would be where the terms of contracts are agreed by e-mail on a certain date, but the parties were only available to sign the actual physical documents upon a later date. Lack of a prosecution does not mean a lack of legal consequences. This article will try to unpick the various legal threads of when you can and cannot backdate documents, and what the consequences will be if you do. So as can be seen, the issue of backdating can be a contentious one. However, such doctrines are normally limited to situations where one party backdates the contract without the knowledge or consent of the other. However, an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it.

Signing and dating documents


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