In another example, imagine an owner who does not wish to rent an apartment to a minority candidate. The landlord finds a tenant without a minority and dates the signing of that tenant to assert that the non-minority tenant rented the apartment before the minority applicant`s application. This retrodedation may be illegal, as it should mislead the minority applicant and facilitate unlawful discrimination against the lessor. In other cases, the parties may enter into a transaction orally “in hand” with the intention of concluding a written agreement at a later date. Many years ago, one of my clients had to borrow $1 million. To my surprise, a benevolent lender wired the money to the customer without having credit papers on site, but with the hope of obtaining a debt note at a later date. I`m proposing a compromise to your employer. I would sign the confidentiality agreement with an updated date. And then sign a document in which you confirm that you have not done anything that you think would hurt the NDA`s mind or letter since you started working. Assuming your employer has no ulterior motive of asking you to sign the NDA back, this should be an acceptable solution. This forces them to come directly and say, “We want you to fall back,” or you can fall back from that position and update the date. But backdating (or adding a retroactive date) can be a difficult business, perhaps even more so with NOA agreements because of their nature and content. In a complaint against Emmel, News America claimed that Emmel had violated the December 21, 2006 agreement by disclosing the latter amount of information.
The Landgericht admitted this allegation on the grounds that the package of documents had not arrived at its destination and that Emmel had done nothing to intercept it. The agreement of 21 December 2006 does not contain a language that indicates the parties to apply it retroactively or that provides a guarantee on past events. Concrete promises were made in a language that is only forward-looking. I accept the best of people, so I guess they would never use the NDA backdated against me, so there is no reason to sign it. You could assume the worst in people, so you would assume that they would use the NDA backdated against me, which is before the courts, which would be another good reason not to sign it. In conclusion, whatever your assumptions, don`t sign it. When drafting the agreement, be sure to openly discuss with the other party what might have been disclosed before the agreement was signed. In this way, the language of the confidentiality agreement can be very specific. So what are the best practices if a deal with a retroactive date is really your best option? One of the simplest ways to reissue the agreement is because you can`t put it back together at all.
Sometimes a document has to be backdated to make it correct. Suppose a creditor starts delivering his product under a proposed contract to determine later that the customer never signed the contract. In this case, the insertion of the date on which the parties started the performance under the contract is more precise than the date of signature to be inserted. Otherwise, the recipient party will probably not sign the agreement at all, as they realize that they could be injured by the time they put their John Hancock in it. If, in the credit example above, the seller has submitted a contract on December 15 in which the products will be delivered from February 1. Suppose the Debitor signs the contract on January 15, but the seller asks Debitor to send it back to December 30, so that the seller achieves higher sales for the calendar year and receives a greater bonus. This retrodedation would be intended to be misled and would not be appropriate. An NDA is valid from the point where you sign it. A backdated NOA is valid from the point where you sign it, but appears valid from an earlier date.