Backdating An Agreement Under English Law

Case 1: A few days after buying his car, the owner has a road accident. An insurance policy is then taken out, in which the parties plan to reimburse it to cover compensation for the incident. Perhaps the most common form of backdating is “from” the date. Often, the start of a contract indicates that it is concluded “from a specific date.” The use of the term “ab” should be a red flag, which is not necessarily the date the contract was signed. Rather, it is a time when the parties have agreed that their contract will come into effect. The “date” may be before or after the actual signing date. If, in the credit example above, the seller has submitted a contract on December 15 in which the products will be delivered from February 1. Suppose the Debitor signs the contract on January 15, but the seller asks Debitor to send it back to December 30, so that the seller achieves higher sales for the calendar year and receives a greater bonus. This retrodedation would be intended to be misled and would not be appropriate. As with violin labels, a backdatedation of legal documents can be legal and even advisable. It is up to the parties to a document to ensure that their intentions are honest and that the return does not harm third parties or violate legal requirements. If in doubt, a strong disclosure of the retrodedation of the document itself may be helpful in alleviating any lingering concerns.

There are a few ways in which the lawyer can give himself some protection if he accepts such a request, but they are not infallible. If a document is to be reissued for the registration of a previous oral agreement. B, however, must be drafted in such a way as not to give the mistaken impression that it was actually signed on the date indicated. The best way to do this is to openly state in the document that it records an earlier oral agreement on a given date and does so from that date and dates to the actual date on which it was signed. The position is then clear to all those who then look at the document. Another possibility is to indicate, at the beginning of the document, that it is established “from” the required date. However, the actual date of the signature should be set at the end of the certification clause in order to avoid any allegation that the document was deliberately misleading.