Post dating documents legal

post dating documents legal

Is it legal to back date documents?

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

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.

Can a document be dated after it has been notarized?

The document should never be dated for a time after the date of the notarization as you are notarizing a signature in real time. If the document is to go into effect after the date of notarization, then that is a fact that should be recited in the document, but the date of the document should still be the date of the notarization or prior.

What happens if a document is post-dated?

The reason some documents may be post-dated is so that all parties have an opportunity to sign the document before the due date. If only the date of the document is wrong, then normally it would be no problem for some authorities.

Can a document be backdated on one date?

It is improper, of course, to date a document on one date, but the event occurred on a different, later date. Typically this type of backdating occurs when the beneficiary of the backdating can reap some sort of tax or other benefit if the event had occurred on the earlier date.

Does backdating documents violate United States tax laws?

Backdating documents violates United States tax laws in the following situations: Other jurisdiction laws are similar. Even if tax code provisions arent violated, backdating documents can cause criminal liability, according to conspiracy statutes.

Is Backdating a document inevitable?

Moreover, at times fabricated backdating can be innocuous when no third party’s rights are adversely affected and no law is violated, and other times backdating that memorializes can be problematic if it misleads a court to believe the document was executed on the date the event occurred. Unfortunately, backdating is often inevitable.

Is it legal to backdate a contract?

Rebecca Gardner, Corporate & Commercial Partner at Howat Avraam Solicitors comments: Backdating documents is a surprisingly common request from clients. However, under English law, a contract can create (or confirm) rights relating to past events so there’s no need for them to be backdated.

What do the dates on a notary document mean?

Document dates can indicate the date the document was drafted, or in some cases they may indicate the date the actual loan signing takes place. Either one is different from the date on the Notary certificate, which always indicates when the signer appeared before the Notary and the notarization took place. Loan Documents Lacking Dates

Can a document be dated after it has been notarized?

The document should never be dated for a time after the date of the notarization as you are notarizing a signature in real time. If the document is to go into effect after the date of notarization, then that is a fact that should be recited in the document, but the date of the document should still be the date of the notarization or prior.

What do the dates on loan documents mean?

Updated 12-7-21. One of the most common questions Notary Signing Agents encounter is about dates on loan documents. Document dates can indicate the date the document was drafted, or in some cases they may indicate the date the actual loan signing takes place.

What does it mean to backdate a document?

Backdating a document is basically saying the notary witnessed the signing at an earlier date; however, the notary obviously did not witness this signing, because the signing didn’t happen on this date.

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