Dating documents english law
Although it is probably rare that a criminal forgery is committed in these circumstance (it is not a strict liability offence, so criminal intent must be present), it is not something that most of us want to risk.
There is usually no problem with making the contract Contracts based on a US template sometimes state in the first line that they are dated “as of” a particular date.
Accordingly, the first signatory must sign a page that contains some operative text from the main agreement.
The common practice in England, and many other countries, of starting all the signatures on clean signature pages beginning with the ‘in Witness Whereof’ testing language will not suffice.
For those dealing with transactions and businesses in Scotland it is important to remember that Scots Law differs from English Law in a number of respects, and one of area of difference which has, in the past, caused much gnashing of teeth (particularly during late night closing processes) is the law around the requirements for the execution of documents.
Overall, the new regime seems to be working well and closing processes touching Scotland should be rendered considerably more straightforward.This probably means “with effect from” rather than “on”, and so probably don’t fall into the trap described above.However, if parties intend to rely on this when stating a date different to the signature date, and particularly if the agreement is made under English law, we would recommend using wording that is more explicit than “as of”, such as “takes effect from”.Individuals should sign their full name as set out in the body of the document or with their full first name or initial followed by their surname.Under Scots law valid execution of a document by a company requires signature by one director, the secretary or by another authorised signatory, meaning anyone who is duly authorised by the company to sign.