Business Transfer Agreements – Can They be Retrospective or Prospective?

Many features of this site require JavaScript. Learn how to enable javascript. 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. This article provides a brief overview of how to distinguish legitimate backdating from improper backdating.

“This contract is dated as of August 31, (the “Effective Date”), even though the parties may have executed it before or after said date.” An “as.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code.

A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied. The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity.