Backdating training contract
So, many contracts and agreements are considered and negotiated after trade has begun or eager discussions have already taken place – sometimes months past. Thankfully, most jurisdictions allow for contracts, including NDA’s, to be signed with a retroactive date.
And when you find yourself in this situation, it may occur to you after-the-fact that you should have signed an agreement in the beginning. This is commonly referred to as “backdating.” But backdating (or adding a retroactive date) any contract can be tricky business, perhaps even more so with NDA agreements because of their nature and content.
That said, there are appropriate times to backdate this kind of confidentiality agreement and many will agree that it’s not unethical or unusual. and other commonwealth nations generally have very little to say on the matter, indicating that this isn’t quite as common.
If done properly, an agreement with a retroactive date can have tremendous benefits for everybody involved. is discussed more liberally than in other parts of the world. A Google search on backdating or retroactive date in legal contracts in the U.
We can’t prevent something that’s already happened. First, be aware that asking a party to sign a NDA with a retroactive date is considered “bush league” to some in the legal world and may not be taken lightly by the party on the other end.
When drafting the agreement, be sure to have candid conversations with the other party about what may have already been disclosed prior to the agreement being signed.
Consider your situation and put yourself in the other parties shoes, lest you be struck down or laughed out of the room.