Dating documents law
Category: New Zealand
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If the parties to an agreement governed by Cayman Islands law would like the agreement to take effect from a date earlier than the date upon which the agreement was signed and entered into, the parties should expressly state in the document that it is intended to be effective from a date earlier than the date on which the parties entered into the agreement. It should be made clear in the document that notwithstanding it being entered into on the date of execution by the parties, it is to take effect from a date in the past. Stating that the contract or agreement will be effective from an earlier "effective date" will, however, only be effective as between or among the parties to the contract or agreement. It will not affect those parties' obligations under the terms of the contract or agreement with regard to third parties who are not parties to the agreement. The obligations to third parties will almost invariably be based on the date that the contract or agreement was fully executed subject to any applicable special circumstances. It is worth noting that whilst parties signing a contract or agreement may expressly state that the contract or agreement is effective from a date in the past, the parties should not "back-date" the date of execution for example, sign the contract or agreement today and but insert an earlier date as the date of the document, thereby making it seem as if it was signed on some earlier date.
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Backdating contracts and other documents and instruments
Risk of back-dating | Cayman Islands Law | Loeb Smith
Home Previous Next. Write in the active voice. The active voice eliminates confusion by forcing you to name the actor in a sentence. This construction makes clear to the reader who is to perform the duty. The passive voice makes sentences longer and roundabout. Who is responsible is much less obvious. Passive verbs have a form of the verb to be plus the past participle of a main verb.
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Fed. Circ. OKs Fees In Reverse Online Dating Patent Spat
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