Back-dated Agreement – Legal or illegal?

As a lawyer there appears little wisdom is permitting, encouraging or advising back-dated agreements/contracts.

Back-dated contracts are contracts that for some reason have been signed after the parties commenced work on the subject matter.

Under the laws of Pakistan, back-dated contracts compromise the authenticity of the document which may cause difficulty in the enforcement of rights and liabilities under the contract.

The document may amount to forgery under the Pakistan Penal Code, 1860.

The non-availability of back-dated stamp paper (on which is it mandatory that a contract be printed) would cause another hurdle in the way and again compromise or cast doubt on the authenticity of the contract.

Finally, the date of the contract can not change the factual circumstances under which it came into being and any effort to promote the same may well be discarded by the competent courts.

Conclusively, back-dated contracts/agreements may compromise the authenticity of the document and be deemed illegal under the laws of Pakistan.

An option in respect of amending a contract/agreement is providing an Addendum, duly executed, to the same.

______________________

Myra Khan Qureshi is a Barrister-at-Law from the Honourable Society of Lincoln’s Inn and Vice Chairperson Women Rights Committee of the Lahore High Court Bar Association. She is currently practicing law in Lahore, Pakistan.

Any queries may be directed to lawyereadia@gmail.com

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