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Backdating agreements

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Readily available are any number of contexts where this comes up — some legitimate and others not exactly aboveboard — but the logistics of negotiating and signing contracts are such that the issue is unavoidable. For those with an hour to bump thinking about the issues, Jeffrey Kwall and Stuart Duhl wrote an excellent article on backdating that was published in Problem Lawyer in Setting out-of-the-way such issues, avoiding unwanted aspect effects of backdating contracts container be tricky, especially when the purported effective date of an agreement is several months rather than the date it was really signed, as can be seen in FH Partners, LLC v.

Complete Home Concepts, Inc. FH Partners involves the ownership of a promissory note that was made to a bank within connection with a loan. FH Partners made a demand at the debtor for payment of the loan and eventually sued the debtor and guarantors. The law does not support the blanket conclusion that a retroactive effective date in a tighten is only enforceable when the evidence demonstrates that the parties had agreed to the components terms of their contract like of the retroactive date.

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  • PLEASE CONTACT CUSTOMERSERVICES LEXOLOGY.
  • IS BACKDATING LEGAL? - LEXOLOGY
  • ONE OF THE THORNIER ISSUES WHICH COMES UP IN LEGAL PRACTICE FROM TIME TO...
  • THIS IS ONE OF THE MOST COMMON ISSUES WHICH COMES UP IN...
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  • BACKDATING LEGAL DOCUMENTS IS FREQUENTLY PERMISSIBLE. IT WAS CREATED TO DOCUMENT OR MEMORIALIZE A PREVIOUS ORAL AGREEMENT TO...
  • HOWEVER, BACKDATING LEGAL DOCUMENTS IS ANOTHER MATTER. IT WAS CREATED TO DOCUMENT OR...
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  • Backdating is the practice of marking a document, whether a check, contract or other legally binding document,...
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