Post dating documents

post dating documents

Are back dating documents worth the risk?

However, back dating documents undoubtedly creates both risk and confusion. Accordingly, the best advice in relation to back dating documents will always remain: don’t do it.

When is it appropriate to back date documents?

One of the thornier issues which comes up in legal practice from time to time is the back dating of documents. Legally speaking, this is something that you should not do – or more accurately, there will only ever rarely be occasions when this is appropriate to do.

What happens if you falsely date a document?

But even if there is no crime committed (for example, if the back dating was accidental so that there was no mens rea) or if one simply disregards the criminal aspects, falsely dating a document may negate the document under other common law doctrines such as non es factum (“not my deed”) or the rule in Pigot’s Case such that in the eyes of the ...

How do courts deal with back dating of legal documents?

Where both parties consent to the back dating of the document, normally the courts in common law countries will simply disregard the back dating of the document, and treat the rights as accruing from the date when the document was actually executed.

What are the risks of back dating documents accidentally?

The risks of back dating (or misdating) documents accidentally is multiplied in modern commercial transactions by the practice of getting all the documents signed before “completion” and then rushing around dating them afterwards.

Is it ever OK to back date a document?

So is it ever OK to back date a document? There are rare occasions when it may be permissible or even justified to do so. In common law systems Bills of Exchange Acts will normally expressly permit cheques, promissory notes and other bills of exchange to be post-dated or ante-dated.

Is Backdating a legal document?

Although backdating can be either legitimate or improper, it is often misunderstood and associated with wrongdoing. Backdating encompasses a broad scope of conduct ranging from blatant fraud to the legitimate and common practice of executing a document after the event has already occurred.

Is backdating ever okay?

Is Backdating Ever Okay? Although backdating can be either legitimate or improper, it is often misunderstood and associated with wrongdoing. Backdating encompasses a broad scope of conduct ranging from blatant fraud to the legitimate and common practice of executing a document after the event has already occurred.

What happens if a legal document is backdated?

Where both parties consent to the backdating of the document, normally the courts in common law countries will simply disregard the backdating of the document, and treat the rights as accruing from the date when the document was actually executed.

How can parties disclose that they are Backdating a document?

An “as of” date is not the only way that parties can disclose that they are backdating a document. In a contract or resolution, the recitals [1] can tell the story, including the backdating. Consider the following sample:

What is back dating in legal terms?

When we say “back dating” what we usually mean is executing a document and then dating it with an earlier date than the actual date of execution, with the intention that it should be treated as giving rise to legal rights before the actual date.

Can a lawyer legally backdate a contract?

Additionally, as a matter of law, parties to a contract can make their agreement effective on a date of their choosing, as long as no third party’s rights are implicated. Each of the above are examples of situations where attorneys may legally backdate documents.

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