Effect of backdating a contract dating with herpes in atlanta
Commonly, deeds are executed on behalf of a company by a director of that company in the presence of a witness who attests the signature of the director.The Law Society’s practice note states that if that witness “genuinely observes” the director signing the deed using an electronic signature, and the witness then goes on to sign the adjacent attestation clause, the deed will have been validly executed.The obligations to third parties will almost invariably be based on the date that the contract or agreement was fully executed subject to any applicable special circumstances.It is worth noting that whilst parties signing a contract or agreement may expressly state that the contract or agreement is effective from a date in the past, the parties should not "back-date" the date of execution (for example, sign the contract or agreement today and but insert an earlier date as the date of the document, thereby making it seem as if it was signed on some earlier date).What you can’t do Clearly, you can’t backdate a document so that is appears to have been signed on, say, 31 December, when in fact it was signed on 15 June.This would be fraud, and would be likely to expose those involved to a number of different criminal offences.In this kind of situation, the following general approach should be considered: – the relevant arrangements can be documented in the appropriate form, such as a loan agreement or business transfer agreement.Having parties to a contract date their signatures makes sense when there’s a lag time between when the first party signs and the last party signs.
Deeds can also be advantageous even when they are not strictly required by law.
And some auditors are requiring that their clients use dated signatures in all their contracts. As I noted in this November 2008 blog post, one problem is that parties sometimes return signed signature pages without filling in the date next to the signature.
Here’s another potential problem: what if the person signing puts in a date other than the date when they signed?
Typically contracts will be made in writing, on the basis that this provides a written record of the terms of the contract agreed between the parties.
An oral contract can leave substantial room for debate as to its terms.