Backdating An Agreement Under English Law
3. Does one of the parties receive a special benefit or avoid a disadvantage as a result of retrodation? Are the entry into force agreements legal and applicable in the two cases mentioned above? Interestingly, the answer remains somewhat controversial due to the ambiguity of an article of its civil code under Vietnamese law. Contract risk management therefore requires a good understanding of Vietnamese contract law and an understanding of the country`s legal practice. The term “unless otherwise agreed” may be interpreted as allowing parties to a contract to enter into a contract outside of law in order to set an effective date that may be either (i) after the date of signature or (ii) after the date of signature. However, the return of documents can be illegal or even criminal. If the backsating of a document misleads a third party or gives a false idea of when a measure was taken, it may be fraudulent. The intentions of the parties are also important when it comes to assessing whether backdating is legal. While understanding in (i) is generally and legally acceptable, understanding in (ii) remains questionable. The million-dollar bill I prepared for this client to deliver to his benefactor, retroactive to the actual date of transfer of the funds, was legal. It was created to document or recall a previous oral agreement on the repayment of funds. I think an empty date at the beginning of a contract is problematic. It`s as if the parties are afraid to insert one date and prefer to leave it to the other, with the result that no one adds the date. In a recently concluded three-party contract, the signed copies were distributed without a date above, which led us to go back and reach an agreement on the date.
My current practice is to use dates in the signature line with a clause that takes effect when the last party signs. If we want it to come into force from a given date, I add a pat to say so. In such a situation, the parties are often tempted to date the service contract to March 1 in order to ensure that the service contract creates and confirms the rights relating to the services that took place from that date. However, the parties often do not realise that this effect can be achieved by introducing into the service contract a `date of entry into force` or a `commencement` clause, which states that the service contract is admittedly 1 On 1 March 2000, the Commission adopted Mr` report. 1 March 1997 on the Communication from the Commission to the Council of 27 April 1997 on the EU`s policy on this initial date should also be recognised in the clause on the duration of the agreement, in order to ensure consistency and to clearly demonstrate the intention of the parties. In another example, imagine a landlord who doesn`t want to rent an apartment to a minority candidate. The landlord finds a non-minority tenant and dates that tenant`s signature to affirm that the non-minority tenant rented the apartment prior to the minority applicant`s application. Such repatriation may be unlawful because it was intended to mislead the minority candidate and facilitate unlawful discrimination against the owner. There are a few ways for the lawyer to protect himself if he accepts such a request, but they are not infallible. For example, if a document is to be returned for the purpose of registering a previous oral agreement, it should nevertheless be reformed so as not to give the erroneous impression that it was actually signed on the date indicated.
The best way to do this is to openly declare in the document that it records an earlier oral agreement reached on a given date, including for a specific date, and then the date on which it was signed….