Q&As

I've just noticed that an executed document has the wrong date on it. What should I do?

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Published on LexisPSL on 27/11/2013

The following Banking & Finance Q&A provides comprehensive and up to date legal information covering:

  • I've just noticed that an executed document has the wrong date on it. What should I do?
  • How should a document be dated?
  • Can you back-date a document?

I've just noticed that an executed document has the wrong date on it. What should I do?

The first thing you need to do is insert the correct date in the document which has been incorrectly dated. It is important that the date on the document accurately reflects the date on which the parties to it intended to be bound by its terms. Normally, this is the date when the parties:

  1. signed the document (if it is a simple agreement as opposed to a deed), or

  2. delivered the document (if it is a deed)

In the absence of any provision to the contrary in the document, it will be presumed that the date on a document is the date the document took effect. If the date is wrong, there could be confusion about when the document took effect.

How should a document be dated?

It depends whether the document in question is a simple agreement or a

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