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Now, two months later you prepared a contract that is ready to be signed if you can just figure out the right date. It’s harder than you think to put in a prior date and have it look authentic.

In general, “backdating” should be avoided, whether we are talking contracts or old flames. Yes, I know businesses do it all the time but that doesn’t mean it is good business practice; and in many cases it may be considered fraud or misrepresentation. For example, the first payment is due upon signing two months ago…except the check was never written or deposited in a bank. So, there is no intent to defraud or mislead or misrepresent the true nature of the agreement.

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Backdating a document is basically saying the notary witnessed the signing at an earlier date; however, the notary obviously did not witness this signing, because the signing didn’t happen on this date.

Regardless as to the notary’s state of commission, backdating is viewed as a deceptive and fraudulent practice, and knowingly including a date other than that of the actual signing could land a notary in serious trouble.

Nearly every notary public will find themselves in a position where they are asked to backdate a document.

For instance, a client may ask his or her Notary Signing Agent (NSA) to write an earlier date in the “date” field to lock in a lower mortgage rate.

Rather than bearing the consequences of missing the signing date, the client may ask a notary public to include a prior date on the document.

Backdating a document may seem harmless enough, but under no circumstances should a notary public include a date other than the current date of the signing.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.Yes, that’s the problem and that’s when backdating comes in.Ideally, the agreement would be signed when you first started working together, but that didn’t happen.For example, if the agreement requires the assignment of intellectual property rights (past, present and future), why not just use The fix may be different for different agreements.


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