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In addition, if contractual performance has occurred before the contract's execution, there may be sufficient reason to backdate the contract's effective date.
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This can cause the person accepting the instrument (in this case, a backdated document) to either do something or not do something based on the assumption that the instrument is genuine.
According to Section 8(1)(a), an "instrument" can be defined as any document, whether that document is formal in nature or not.
It is common for there to be days or weeks between agreeing to commercial terms and the official contract execution date.
Even in the case of something as simple as a Confidentiality Agreement, the involved parties may have legitimate intentions for the document to be effective before it was actually created.
In this scenario, using what is known as an "as of" formula might be appropriate.
For legal reasons, you should avoid using backdated documents.
In other words, the occasions in which it is appropriate to use backdated documents are rare.
Backdating contractual documents can be one of the most complex issues that legal professionals have to navigate.
While this issue only comes up now and then, when it does, it's important to have a solid understanding of how to proceed.
An offense of this nature is subject to trial in a magistrate's court or even indictment.