Signing and dating legal documents interesting facts about carbon dating
Simple contracts have a statutory "limitation period" of six years.This means that a party to the contract must bring any claim for breach of that contract within 6 years of the breach taking place. Deeds are required by law in certain circumstances.That is, the signature pages are prepared and executed in advance and the signatures are "released" upon mutual agreement, often given by email.However, there has been some controversial English case law suggesting that, in some circumstances, contracts and deeds executed virtually may not be enforceable."Simple contracts and deeds are often executed in counterparts.“This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement”.
Written for the paralegal audience, this article will still drive home the point and provide attorneys with valuable suggestions for alternative solutions in sticky situations. Signing your employer’s name to the document is committing the unauthorized practice of law.
A deadline looms…a document absolutely has to be filed with the Court by o’clock. Your boss is expected back in the office by so that will allow plenty of time for him to review the final draft, sign it and for you to file it with the Clerk before closing time. Only the attorney of record has the authority to sign a pleading.
You cannot sign your employer’s name (or your own name) even at his direction. This issue is generally addressed in each state’s Court Rules.
In order to clarify the legal position, guidance has been issued by the Law Society Company Law Committee and the City of London Law Society Company Law and Financial Law Committee.
This guidance should be borne in mind when making arrangements for closings or signings, especially where some parties are looking to sign documents virtually because they are unable to attend the meeting in person.
Furthermore, physically posting the contract between the parties may be prohibitively slow.