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

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

In this article, the author writes: “Backdating by itself is not generally, at least with respect to private agreements, illegal.

Rather, it is the use of the backdated documents by the parties or their counsel that may violate the law.” The US approach seems to be founded on the principle that parties to an agreement (or deed) are free to agree that the document is to take effect prior to the date of execution – this is often denoted by dating the document “as of” the earlier date. Bradley Real Estate Trust, the US Court of Appeals (7th Cir.

You meet with your designer and toss around some ideas. There are several versions, lots of back and forth conversation.

You get really excited about how great your website is going to look. Somewhere along the way, you realize there is no contract. One week turns into two weeks, two weeks into a month or two months.

However, he only realizes this in January and so wishes to backdate the document to December.

For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.1990) held that: “Illinois courts have, in the past, permitted the “relation back” theory of contract effectiveness: that is, contractual terms may be effective for a period before the contract is executed, so long as such coverage is clear from the face of the contract: In the law of contracts, it is elementary that ordinarily a contract speaks from the day of its date, regardless of when it was executed and delivered.It is of common occurrence in connection with deeds, leases and other contracts that, while they are not in effect at all and have no legal existence until delivered, yet, in respect to the date of delivery, they, in point of commencement, relate back or commence in the future.You remember that your lawyer once told you that without a contract you do not legally own your website. Finally you prepare the contract and your designer agrees to sign it. Should it be dated when the contract is signed or back when you first started working together? The reason contract dates are important is because that is when your legal rights begin.For example, if the contract is dated today, who owns that portion of the website code that was developed prior to signing the agreement? So, you paid the designer in full but you don’t own the website?

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