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You meet with your designer and toss around some ideas. There are several versions, lots of back and forth conversation.

You get really excited about how great your website is going to look. Somewhere along the way, you realize there is no contract. One week turns into two weeks, two weeks into a month or two months.

It’s not unusual for parties to a contract to want the written agreement to cover a period before it’s actually signed.

There 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.

We can sometimes backdate the start of your Housing Benefit for up to one month before the date you claimed. We can sometimes backdate the start of your Council Tax Support for up to six months before the date you claimed.

In all cases you must have good reason for not claiming sooner, throughout the period that you are requesting backdating for.

The facts are a bit complicated, involving circumstances surrounding the failure of a bank and transactions in the bank’s loans preceding the failure as well as transactions of the FDIC as the bank’s receiver.

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We need your request in writing and you must sign it.(Jason Mark Anderman illustrates the logistics problem well in this comment to a backdating post on Ken Adams’s blog.) There’s nothing inherently illegal or unethical about backdating contracts, although backdating can certainly be both unethical and illegal, depending on the situation.For those with an hour to kill thinking about the issues, Jeffrey Kwall and Stuart Duhl wrote an excellent article on backdating that was published in Business Lawyer in 2008.For a shorter piece with a few practical tips see Backdating – it’s illegal isn’t it?Setting aside such issues, avoiding unwanted side effects of backdating contracts can be tricky, especially when the purported effective date of an agreement is several months before the date it was actually signed, as can be seen in involves the ownership of a promissory note that was made to a bank in connection with a loan.




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