Risks when dating documents in 2020

Many features of this site require JavaScript. Learn how to enable javascript. 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. This article provides a brief overview of how to distinguish legitimate backdating from improper backdating. To a layperson, backdating sounds like a bad thing. But it can be either right or wrong.

Backdating

Accepting a postdated check from a tenant may seem like a surefire way to get the money that you are owed, but this does not always lead to payment and sometimes may even lead to further complications. Unless you are percent sure that the tenant can be trusted and that there will be funds to cover the check when it is ready to be cashed, it may not be a good idea to accept a postdated check.

The Uniform Commercial Code states that a bank may honor a postdated check provided the check is otherwise safe to cash and the account owner has not provided the bank with “reasonable notice of the postdating. This means that a tenant may legally postdate a check to you and that you may even be able to cash it when you receive it, but if the bank has been notified of the postdating you will have to wait until the date listed on the check instrument before you may receive the funds.

In banking, a post-dated cheque is a cheque written by the drawer (payer) for a date in the The post-dated cheque is not payable till the date which is shown on the face of the said document. It will only become cheque on the date shown on.

Our son is the fourth generation to play a violin made in the early 20th century by Prague luthier Janek John Juzek. Juzek noticed that there was a high demand for string instruments in North America. Juzek engaged area luthiers to make instruments for him and exported the instruments to North America to be sold under his label. They included his own name but a completion date about five years earlier than the actual date the instrument was completed.

It is unknown why he might have done this, but I have my suspicions. In addition to having value as musical instruments, many violins have value as antiques. Although musicians purchase an instrument based upon how it responds and sounds, an older instrument might have greater value to a collector than a brand new one, simply because it is old.

Backdating violin labels was not uncommon, and it was not illegal. However, backdating legal documents is another matter. Backdating legal documents is frequently permissible. However, under other circumstances, it can be fraudulent or illegal. This article discusses when legal documents might be backdated and how legally to do so when it is appropriate. Despite common belief, backdating documents is not necessarily illegal.

Is Backdating Ever Okay?

Whilst it might be tempting at times, backdating a document is never the answer! As business owners ourselves, we have a pragmatic in-house approach to resolving issues before they arise by working alongside our clients, as part of their team. We are commercial, practical and entrepreneurial in our approach to legal services. Our solicitors have long represented companies and individuals in their legal challenges and disputes. Highly qualified, dedicated and each a specialist in their field of expertise.

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Facebook has been left red-faced after being forced to call off the launch date of its dating service in Europe because it failed to give its lead EU data regulator enough advanced warning — including failing to demonstrate it had performed a legally required assessment of privacy risks. In a statement on its website, the DPC said Facebook first contacted it about the rollout of the dating feature in the EU on February 3. Facebook announced its plan to get into the dating game all the way back in May , trailing its Tinder-encroaching idea to bake a dating feature for non-friends into its social network at its F8 developer conference.

It went on to test launch the product in Colombia a few months later. It also launched in the U. At the time of its U. Which is a nice way of the DPC saying Facebook spent a whole week still not sending it the required information. We worked carefully to create strong privacy safeguards, and complete the data processing impact assessment ahead of the proposed launch in Europe, which we shared with the IDPC when it was requested.

What is Difference Between Posting Date and Document Date???

It is unnecessary to date signatures under English law. Additionally it is confusing to rely on the date of last signature as being the date when the contract became legally binding, because signatures are not always dated. Only one date should be included in the document usually at the very beginning or immediately above where the signatories sign.

Predating/Backdating: Entering an earlier date to a paper document (or Pre-dating or post-dating of GMP documents is not an acceptable practice.

However, the Biblical record records fourteen years between the reigns of these kings with two kings between them “Ahaziah who ruled for two years and Jehoram who ruled twelve years 1 Kings ; 2 Kings What at first glance appears to be a discrepancy can be easily explained by historians. Ancient kingdoms had different ways of recording regnal years of their kings.

The Assyrians and Babylonians credited the entire year when a king died to his reign, even if he died at the beginning of the year and his successor ruled eleven months of that year. The first year for a new Assyrian or Babylonian king would be designated his “accession year” and the new king’s “year 1” did not begin until the first day of the following year. Historians call this method the “accession year system” or the “post-dating system.

Your Guide to Signing Legal Contracts

In January last year, ASIC issued a warning to financial advisers about incorrectly witnessing or backdating binding death benefit nomination forms. In a press release, ASIC stated that the practice was concerningly widespread and warned of a crackdown. Whilst a date may seem harmless, backdating, predating, or failing to correctly witness a signature can have far reaching unintended consequences that go beyond risking a financial services licence.

Backdating any legal document can at best put your clients at risk of facing consequences for having an invalid or incorrectly executed document, and at worst, may constitute criminal fraud. Similar consequences may apply where documents have been incorrectly witnessed. For more information about how the Morrows Legal team can help you, contact us at legal morrows.

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Backdating is the practice of marking a document, whether a check, contract or another legally binding document, with a date that is prior to what it should be. Backdating is usually disallowed and can even be illegal or fraudulent based on the situation. Sometimes though, backdating can be acceptable; however, the parties involved must agree to it.

Consider the following examples of common backdating scenarios that are not allowed:. Here are a few examples of situations where backdating may be acceptable:. In the s, there was a spate of backdating stock options , mostly at technology firms that rely heavily on stock options for executive compensation, but also at some companies not in the tech sector. The backdating scheme involved moving the effective date for exercising the options from when the options were ‘ out of the money ‘ to a date that made the options ‘ in the money ‘ to allow certain executives to exercise their options profitably.

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Back to basics – what to do if document execution has gone wrong

Nearly every notary public will find themselves in a position where they are asked to backdate a document. Backdating is the act of writing an earlier date on a document. Unfortunately, this is an all-too-common practice in a variety of different fields and industries.

post-date definition: 1. to write a date on a document, especially a cheque, that until the date on a cheque before presenting it, then post-dating it is pointless.

Backdating a contract should not be done lightly because it easily can be considered a criminal offense that carries quite hefty consequences. Backdating contracts is a somewhat common practice. However, backdating a contract should not be done lightly because it easily can be considered a criminal offense that carries quite hefty consequences. Backdating contractual documents can be one of the most complex issues that legal professionals have to navigate.

While this issue only comes up now and then, when it does, it’s important to have a solid understanding of how to proceed. In terms of private contracts, backdating isn’t normally illegal. Where issues of legality come into play is when the parties involved in a contract, or their legal counsel, make use of backdated documents.

For legal reasons, you should avoid using backdated documents. In other words, the occasions in which it is appropriate to use backdated documents are rare. In practice, however, use of backdated documents happens, for better or worse.

Can a Notary Backdate a Document?

In the second of our series “Back to Basics”, we consider the position you may be in if there has been an error in the execution of a contract. In many cases, where something has gone “wrong”, this may not be fatal to the document as a contract – it is worth having a checklist to hand as a point of reference in the first instance.

See our article ‘ Back to basics – signing your documents correctly ‘ for a summary of what is generally required for a document to be validly executed as a ‘simple’ contract or a deed.

Facebook has delayed the launch of its new dating feature in Europe, after a Officers had gathered documents during Monday’s inspection of Facebook’s EU.

Add Expertise:. Add Keywords:. One of the thornier issues which comes up in legal practice from time to time is the backdating 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. However in practice, for both good reasons and bad, backdating of documents does occur.

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 backdating of documents, the legal consequences of backdating are highly variable. 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.

However, at common law this was a criminal offence going by the contradictory sounding name of uttering a false document and in most English law based legal systems it is still an offence today, although in many cases statutory provisions have superseded the common law for example, in the British Virgin Islands see section of the Criminal Code Where backdating is done for financial gain, it may also constitute the more dull-sounding criminal offence of obtaining a pecuniary advantage by deception.

Legal Help Live – Back-dating documents