Nothing in this paragraph prohibits prosecution for a violation of paragraph (a) or paragraph (b) involving records described in this paragraph.It’s not unusual for parties to a contract to want the written agreement to cover a period before it’s actually signed.Setting aside such issues, avoiding unwanted side effects of backdating contracts can be tricky, especially when the purported effective date of an agreement is several months before the date it was actually signed, as can be seen in involves the ownership of a promissory note that was made to a bank in connection with a loan.The facts are a bit complicated, involving circumstances surrounding the failure of a bank and transactions in the bank’s loans preceding the failure as well as transactions of the FDIC as the bank’s receiver.Including a prior date on the document can come back to haunt notaries later down the road.A notary public’s primary purpose is to bear witness to the signing of a document.Regardless as to the notary’s state of commission, backdating is viewed as a deceptive and fraudulent practice, and knowingly including a date other than that of the actual signing could land a notary in serious trouble.Most cases of backdating go unnoticed, but that doesn’t mean it’s an acceptable practice.
Unfortunately, this is an all-too-common practice in a variety of different fields and industries.
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.
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.