In some seminars of recent times, I have been asked what to do when a signatory does not date his signature in a contract with dated signatures. This problem can probably occur when the signatory sends the signature page by email or fax. One of the topics we are discussing in my “Language and Layout” seminars is when it is appropriate for signatories to date their signatures rather than relying on the date indicated in the introductory clause. (This is discussed in MSCD at 1.16-21 and 4.3-7). There are some interesting legal points that arise from the ability to have a date backdated. A start date is the day activities begin in the contract. This is actually another term for a validity date. While we recommend using the term “validity date,” you can see the concept of start-up from time to time, especially for rental contracts. To solve this problem, you can customize my signatures in the recommended date by adding the sentence in bold italics: this means that even if you signed your rental contract months before moving in, you don`t have to keep the unit clean, pay rent or anything else until your lease actually starts (unless something is established in your contract). Conversely, you cannot live under the premise until it comes into force. The execution date is the date on which both parties sign the contract. It is when both parties agree on conditions and conditions, as the treaty describes.
However, this is not necessarily the day the treaty enters into force. So what is the effective date of a treaty? The date next to a signature must always be the date on which the party signed the document. Such a discrepancy is often due to logistics. If z.B. the closing date of a reservation expires one or two days from the scheduled date, parties may prefer not to change the date in each booking letter. And if one party signs a contract on a certain day and then mails the contract to the other party to sign, the date of the introductory clause could be the date on which the first party signed or another date. Often, a contract is entered into and dated on the day of the last signing (as explained above), but contains a different and defined “effective date” indicating when some or all of the parties` obligations must begin. This date may be in the future or in the past – whether a treaty can create or confirm rights related to past events is a matter of interpretation. It is important to remember that the retrodedatation of the defined validity date is not the same as the retrodedation of the contract itself.
The retro-relationship of a contract may constitute a criminal offence and a violation of the rules governing the professional conduct of lawyers. And I did not feel comfortable with the second sentence alone, because I wanted to make it clear that the treaty will be effective by the time all the parties have signed it, instead of, say, midnight to the beginning of the date when all parties signed it.