As a Notary Public, you are responsible for making sure the documents are completed, therefore, if a date is requested, it must be filled in.In many states, you must also record the dated dates of the documents in your notary journal. What if the dated pre-dates of the documents are later than your signing date?It would clearly be fine if the document simply formalised a NDA that the parties agree had been in force as a verbal agreement all along.Where it gets trickier is if it is a new agreement it needs to deal with events that may have already occurred.It only takes one instance of a backdated document being caught to land the notary public in hot water. If clients view a notary as being unethical, he or she will have a hard time trying to encourage clients to choose their service.Clients want to know that they are dealing with a professional notary whom abides by all of his or her respective state’s laws.Backdating is the act of writing an earlier date on a document.
If the mortgage isn’t complete by a specified date, the borrower could lose the mortgage rate, so they attempt to persuade the notary public to include a date prior to the actual signing.The wages they have had in the past is not good consideration - past consideration is not consideration.Law Stack Exchange is for educational purposes only and is not a substitute for individualized advice from a qualified legal practitioner.Texas does not have any specific laws that prohibit it and in contracts law, this concept is called the "relation back" theory of contract effectiveness. 1990) for an explanation that back dating violates no general contract law principles and is "determined by the intent of the parties as deduced from the instrument itself." Aside from the obvious issues where someone is back-dating a contract to commit some type of fraud, back-dating raises a whole host of unforeseen consequences with regards to a party's performance under the contract as well as the rights of third parties.
The best practice is to make it clear that the effective date and the execution date are different.
Clients whom need documents notarized by a given date may have forgotten or otherwise failed to meet the deadline.