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Backdating contract

On the other hand it also appears to be creating a false document, so, I don't know.Generally you can back-date the effective date of a contract.

In 1999, he resigned as France’s minister of economy and finance, to focus on his defence against an accusation that he backdated documents to justify his consultancy fees for work on a student health insurance fund. A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.Although it is probably rare that a criminal forgery is committed in these circumstance (it is not a strict liability offence, so criminal intent must be present), it is not something that most of us want to risk.There is usually no problem with making the contract Contracts based on a US template sometimes state in the first line that they are dated “as of” a particular date.Texas does not have any specific laws that prohibit it and in contracts law, this concept is called the "relation back" theory of contract effectiveness. 1990) for an explanation that back dating violates no general contract law principles and is "determined by the intent of the parties as deduced from the instrument itself." Aside from the obvious issues where someone is back-dating a contract to commit some type of fraud, back-dating raises a whole host of unforeseen consequences with regards to a party's performance under the contract as well as the rights of third parties.The best practice is to make it clear that the effective date and the execution date are different. Things are usually implied though a course of business.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.

My father (who was also a lawyer) used to love telling a story about how he was able to triumphantly prove to the court that a yacht charter was back dated by showing the stamps which had been used to pay the nominal 15¢ stamp duty were in fact first issued by the post office some four months after the date stated on the face of the document.

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.

Sometimes certain claims (such as insurance claims) can be backdated if the could not be completed at an earlier date, although there must be good reason for neglecting to claim in advance.

If your backdated claim is approved, you will be able to receive benefits from a certain date in the past.

One of the thornier issues which comes up in legal practice from time to time is the back dating of documents.