Backdating effective date contract

01-Sep-2016 16:06

The contract date is usually written onto the front cover and the first page of the contract (although there is no legal requirement to do so).Generally this is the date that the last party signed the contract.All you can do at this point is prevent disclosures in the future.So your goal needs to be to get them to sign an NDA asap, rather than raising questions in their mind.Contracts can also, confusingly, contain defined dates such as ‘commencement date’, ‘effective date’ or ‘start date’.

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Now, a year into his employment, we want to make sure that he signs one.This date is usually the date which both parties consider to be the date the contract was made and became effective, unless there is a different defined ‘Effective Date’ or ‘Commencement Date’.If there is a date at the beginning of the contract which is not the date of the last signature this can lead to confusion or be of no effect in interpreting when the contract actually began.Parties may be tempted to ‘back date’ the documents to when their plans were devised or agreed.However doing so is at very least misleading and deceptive conduct (because the date of a document means the date that it is signed), and at worst may constitute criminal fraud.

Now, a year into his employment, we want to make sure that he signs one.

This date is usually the date which both parties consider to be the date the contract was made and became effective, unless there is a different defined ‘Effective Date’ or ‘Commencement Date’.

If there is a date at the beginning of the contract which is not the date of the last signature this can lead to confusion or be of no effect in interpreting when the contract actually began.

Parties may be tempted to ‘back date’ the documents to when their plans were devised or agreed.

However doing so is at very least misleading and deceptive conduct (because the date of a document means the date that it is signed), and at worst may constitute criminal fraud.

In the commercial world there is often a desire for documents to take effect before the date on which they are ultimately signed.