Backdating contract

25-Nov-2017 17:16

Courts have certainly been willing to hold that a contract exists before a written contract has been finalized. But I’d still use as the date for a written contract the date it was signed.

It’s likely that the written contract addresses many more issues than were covered by the oral agreement, making the written contract different from the oral agreement.

Or could doing so (backdating such a document) be considered fraud, forgery, or anything illegal, or even for some reason ethically or morally wrong?

It seems to me that it might be legal (assuming that I as the employee were willing to sign it) because as an employee I'd assume that some NDA was in place even if haven't signed one (so it's as if the agreement or meeting of minds was in place even before it was documented).

Backdating is dating any document by a date earlier than the one on which the document was originally drawn up.

Under most circumstances, backdating is seen as fraudulent and illegal, although there are some situations in which backdating can be used in a legal and beneficial way, such as backdating a claim for a past period.

However, he rarely adds that he actually ended up losing that trial, which brings us to my second point – even though the law generally deprecates the back dating of documents, the legal consequences of back dating are highly variable.

Section 6(2) provides that the maximum penalty on indictment is 10 years’ imprisonment.

Contracts drafted by English lawyers typically include a date in the first line.

This article will try to unpick the various legal threads of when you can and cannot back date documents, and what the consequences will be if you do.

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The first and most important thing to note about the consequences of back dating a document is that it is potentially a criminal offence.

However in practice, for both good reasons and bad, back dating of documents does occur.