Backdating agreements english law

13-Sep-2019 02:58

Law Stack Exchange is for educational purposes only and is not a substitute for individualized advice from a qualified legal practitioner.Communications on Law Stack Exchange are not privileged communications and do not create an attorney-client relationship.Visit Stack Exchange The OP's jurisdiction is presumably Texas.

Or could doing so (backdating such a document) be considered fraud, forgery, or anything illegal, or even for some reason ethically or morally wrong?

Some of the issues that arise when back-dating a NDA are: to the extent that it doesn't involve criminality but may render the agreement unenforceable.

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.

This could run the risk of civil and/or criminal sanctions in a number of jurisdictions (for example, depending on, among other things, the nature and subject matter of the contract or agreement, false accounting or false statements by directors, or even conspiracy to defraud).

Stack Exchange network consists of 175 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.It seems to me that it might be legal (assuming that I as the employee were willing to sign it) because as an employee I'd assume that some NDA was in place even if haven't signed one (so it's as if the agreement or meeting of minds was in place even before it was documented).