Even if a notary isn’t legally prosecuted for backdating, they can tarnish their reputation by agreeing to perform this illegal and unethical act.
Before you spool up your time machine, consider the states that statutorily allow you to set a future effective date for your entity, typically limit you to a maximum of no more than 90 days into the future, from date received.The notary watches as the client completes the documents and includes the date of the signing.Backdating a document is basically saying the notary witnessed the signing at an earlier date; however, the notary obviously did not witness this signing, because the signing didn’t happen on this date.For instance, a client may ask his or her Notary Signing Agent (NSA) to write an earlier date in the “date” field to lock in a lower mortgage rate.If the mortgage isn’t complete by a specified date, the borrower could lose the mortgage rate, so they attempt to persuade the notary public to include a date prior to the actual signing.Backdating is the act of writing an earlier date on a document.
Unfortunately, this is an all-too-common practice in a variety of different fields and industries.
If you wanted your entity to start at some date further into the future, you would need to wait to submit your filing until that date, or in states that allow it, within the future effective time period.
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Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards an official record relating to an individual in the care and custody of a state agency, which act has the potential to detrimentally affect the health, safety, or welfare of that individual, commits a felony of the third degree, punishable as provided in s.
Any person who commits a violation of paragraph (a) which contributes to great bodily harm to or the death of an individual in the care and custody of a state agency commits a felony of the second degree, punishable as provided in s.
Backdating a document may seem harmless enough, but under no circumstances should a notary public include a date other than the current date of the signing.