Backdating is the practice of marking a document, whether a check, contract, or another legally binding document, with a date that is prior to what it should be. Backdating is usually disallowed and can even be illegal or fraudulent based on the situation.

Why is backdating bad?

Although backdating can be either legitimate or improper, it is often misunderstood and associated with wrongdoing. Backdating encompasses a broad scope of conduct ranging from blatant fraud to the legitimate and common practice of executing a document after the event has already occurred.

Is backdating ever legal?

To accommodate such instances, most jurisdictions allow for contracts to have an effective date that is earlier than the date the documents were signed. This is commonly known as “backdating.” Generally, backdating an agreement is legitimate if it accurately memorializes an unwritten agreement between the parties.