Post dating contracts

Can you post-date a contract?

You cannot post-date a contract the way you post-date a check. The contract will be enforceable from the date you sign it, and by making a false assertion when you sign it by incorrectly dating it, you may be creating a legal headache for yourself going forward if it is every challenged.

What do the dates on a contract mean?

Contracts can also, confusingly, contain defined dates such as ‘commencement date’, ‘effective date’ or ‘start date’. These dates indicate when the contract or parts of it are due to have legal effect, if these dates are different to the contract and/or signature dates.

Can a contract have an effective date earlier than the date?

This will normally cover most cases that come across a corporate attorneys desk. Many jurisdictions allow for contracts that have an effective date that is earlier than the date that the documents were signed. This is commonly known as backdating.

Does a contract have to be on a fixed date?

However, the contract might not begin on a fixed date and may be conditional instead. If a contract begins on the date all parties sign it, that is a conditional effective date. A contract could also start after important documents have been filed with the state or the date on which a license is issued.

What do the dates on a contract mean?

Contracts can also, confusingly, contain defined dates such as ‘commencement date’, ‘effective date’ or ‘start date’. These dates indicate when the contract or parts of it are due to have legal effect, if these dates are different to the contract and/or signature dates.

Can a contract be backdated with an As of date?

Others will even will have an “as of” clause that makes the possibility of backdating even clear by stating: “This contract is dated as of August 31, 2018 (the “Effective Date”), even though the parties may have executed it before or after said date.” An “as of” date is not the only way that parties can disclose that they are backdating a document.

Can a contract have an effective date earlier than the date?

This will normally cover most cases that come across a corporate attorneys desk. Many jurisdictions allow for contracts that have an effective date that is earlier than the date that the documents were signed. This is commonly known as backdating.

Where do you write the date on a contract?

The ‘contract date’ is the date often written on the cover or last page of the contract. The ‘signature date’ is, unsurprisingly, the date written next to or below the signature of each party, showing the date they signed the contract.

When does a fixed-term contract end?

Fixed-term contracts will normally end automatically when they reach the agreed end date. The employer doesn’t have to give any notice.

What is a fixed term contract of employment?

In other words, the contract continues until the employer or employee ends it. Many other employees however, work under fixed-term contracts. The term, fixed-term employee, covers employees whose contract ends on a specified date, or when a specific task is completed, or when a specific event occurs.

When is a contract entered into and dated?

Often a contract will be entered into and dated (as explained above) on the date of the last signature, but will contain a different and defined ‘effective date’ specifying when some or all of the obligations of the parties are to begin.

Can a fixed-term contract be terminated without notice?

It is therefore advisable to include within a fixed-term contract a provision for termination without the need for further notice on a particular date, but that the contract may be terminated earlier with notice. The same statutory rights apply to fixed-term employees as to permanent employees.