Backdating deeds glasgow dating service
Where a deed is executed by a company, legislation provides that it is presumed to be delivered on execution, unless a contrary intention is proved.There is no such presumption for execution by an individual. The deed may be made effective as of an earlier date, but the notary and the recording dates will reflect when it was notarized and recorded.A deed does not, however, need to be recorded to be legally binding..needs merely to have been delivered to the grantee. As all states have different intricacies in their laws, the information given is general only.It is advisable that a witness is aged eighteen or over. If the parties to an agreement do not intend to sign the same physical document, it is best practice to include a counterparts clause in the agreement which in effect creates more than one original document.However, omitting such a clause will not invalidate a document which is in fact signed in counterpart. The parties to an agreement could validly execute a document using different methods; for example, one party signing electronically and a second using a wet ink signature.When executing a simple contract between two parties which are not physically present at the same meeting, it is acceptable to use pre-signed signature pages.When doing this, the signature page should clearly identify the document to which it relates.
The best way to deal with delivery of a deed is to have clear wording in the document setting out that the deed will be delivered on the date appearing at the head of the document.A witness should not be the signatory’s spouse or partner or a family member, and should not have a personal interest in the provisions of the document.Case law has confirmed that a party to the document cannot act as a witness to another party’s signature.A deed on the other hand should never be backdated.
Remember a deed must be in writing and as such the legal obligations created in a deed can only come into effect on (or after) the date of execution.
One of the distinguishing factors about the execution of a deed as compared to a contract is that a deed must be “delivered”.