Under French law, Section One of the Forgery and Counterfeiting Act of 1981 stipulates that a person can be convicted of forgery if he makes an incorrect instrument, with the intention that he or any other person will use it to convince another person that he or she is real. This may lead to the person accepting the instrument (in this case a backdated document) doing something or not if the instrument is considered authentic. CONSIDERING that the parties now wish to conclude this contract, which dates from 15 July 2018, referring to the oral agreement of the parties and taking into account the additional conditions provided by the proposal; CONSIDERING, on July 15, 2018, the seller began selling supplies to the buyer as part of a verbal agreement based on the terms described in the proposal; and for legal reasons, you should avoid the use of backdated documents. In other words, cases where it is appropriate to use backdated documents are rare. In practice, however, backdated documents are used, for better or for worse. 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. A document backdated to obtain a more favourable legal result is probably illegal.
For example, if a document is signed in January but goes back to December to get some tax deduction, it is probably illegal and can be criminal. While Juzek`s entrepreneurial spirit is worth an article of its own, I found it interesting to read, in juzek`s history research, that he reissued the labels in his instruments. They contained his own name, but a completion date about five years earlier than the actual date on which the instrument was completed. This article explains when legal documents can be retrodated and, if appropriate, it is legally possible to do so. The $1 million sola change that I am preparing for this client to deliver to his benefactor, the actual date the funds were wired, was legal. It was created to document or commemorate an earlier oral agreement on the repayment of funds. A company (the customer) intends to purchase certain IT services that its IT service provider is scheduled to launch on March 1. Negotiations on the terms of the service contract between the parties take longer than expected, so the claimant begins work in the meantime. The parties agree on April 1 of the terms of the service contract that they intend to sign on that date.
The reversal of contract documents can be one of the most complex issues facing lawyers. While this problem only appears from time to time when it does, it is important to have a good understanding of what to do. In the case of a private contract, a retrodaation is not normally illegal. Legality issues come into play when the parties to a contract or their lawyer use backdated documents. In other cases, the parties may enter into a transaction orally “in hand” with the intention of concluding a written agreement at a later date. Many years ago, one of my clients had to borrow $1 million. To my surprise, a benevolent lender wired the money to the customer without having credit papers on site, but with the hope of obtaining a debt note at a later date. It is a common myth that parties can reissue a commercial or technology contract to ensure that it covers events that occurred before the signing date.