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Is Backdating Ever Okay? - Lexology

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If a contract does not specify its effective date, it goes into effect on the date it was signed by the person to whom the contract was offered for a signature. If a contract clearly specifies its effective date, then the contract is valid from the effective date regardless of whether its signatures are dated. Sometimes you will want the effective date to be different from the date of signing, either earlier i. Either is acceptable, provided that both you and the other party intended it. To be clear, having a later effective date does not mean that the contract will not be binding until that later date.

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Contract Dating

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The risks of back dating (or misdating) documents accidentally is multiplied fact first issued by the post office some four months after the date stated on where the parties reached a binding agreement on a certain date, but. Rather, it is a date on which the parties have agreed that their contract will be effective. The “as of” date may be before or after the actual date of. The terms of engagement/ agreement is post dated to this month. Should I add an effective date clause in the agreement dating when I.

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Post dating an agreement

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You cannot post-date a contract the way you post-date a check. you sign it by incorrectly dating it, you may be creating a legal headache for. Backdating a contract should not be done lightly because it easily can be If you need help with backdating contracts, you can post your legal need on. If a contract does not specify its effective date, it goes into effect on the to a friend, you may draw up the contract after you've already made the loan, to put their signatures on a document without dating the document, when.

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I am self-employed and the last several months have been terrible. So, I need to know, since both parties fraudulently signed the contract, is it voidable?

Backdating Contracts: Everything You Need to Know

Both parties did sign, and I have NOT received any consideration from the company since that time. The state would be Kansas. You may think of me as a weasel, but that never was, and is not, my intent.

Just looking for some answers. This is a good illustration of how a really small change can make a big difference. You originally said, " I. Nothing in either of your posts suggests that any fraud occurred. Why do you think "both parties fraudulently signed the contract"? As for the contract being "voidable," it's hard to say without seeing the contract. Your post suggests that both parties had an intent not to have a binding contract until the future date.

On the other hand, if that intent is not expressed in the contract, you may be out of luck. When two parties have a written contract, it's difficult to get evidence introduced regarding some oral agreement outside or contrary to the terms of the written contract.

The agreement effecting the transaction was signed on June 10, it was conveying to FH Partners after closing, (3) conveyed the FDIC's. So, I signed a contract, and dated it 6 months from the day I actually It's not clear why you think post-dating your signature on the contract. Backdating can also involve the practice of dating a document on the date the On the other hand, if the document is executed after the event has to the date when the parties believe their agreement was reached, it may be.

What sort of "membership" is this? Many states have laws relating to things like gyms, so it would be helpful to know. I definitely understand what you're saying, and I do apologize for not being as clear as possible.

I am just trying to not divulge the entity involved. Also, I guess the reason why I am considering there to be fraud on the contracts is that the signatures lines read "date of signature" and NOT something like "date agreement set to begin". If both parties knowingly lied on the "date of signature", does that leave a loophole for voiding the contract?

I think I understand what you're talking about. An offense of this nature is subject to trial in a magistrate's court or even indictment. According to Section 6 2the maximum allowed penalty in the event of an indictment is 10 years in prison. Decisions regarding the date that should be put on a document are likely to be something that has to be done on a regular basis in a practical business setting.

This is true because of the fact that most business and legal documents take some time to come together, requiring drafts and negotiation before finally being executed.

It is common for there to be days or weeks between agreeing to commercial terms and the official contract execution date. Even in the case of something as simple as a Confidentiality Agreement, the involved parties may have legitimate intentions for the document to be effective before it was actually created. One common approach is to date the document only once all involved parties have signed it and to use a date that goes back no further than the date of the most recent signature.

This will normally cover most cases that come across a corporate attorney's desk. Many jurisdictions allow for contracts that have an effective date that is earlier than the date that the documents were signed. This is commonly known as "backdating. Backdating a contract can have some negative effects. Potential drawbacks can include:. While backdating a contract's effective date might be appropriate in some situations, these issues, among others, should be carefully considered before you backdate any contractual documents.

For example, if a contract is signed in counterparts, the parties could potentially execute it on completely different dates. In this scenario, using what is known as an "as of" formula might be appropriate.

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  1. I think, that you are mistaken. I can defend the position. Write to me in PM, we will communicate.

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