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Even if a notary isn’t legally prosecuted for backdating, they can tarnish their reputation by agreeing to perform this illegal and unethical act.Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public officer, or employee or agent of or contractor with a public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any paper filed in any judicial proceeding in any court of this state, or shall knowingly and willfully take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document or instrument recorded, or filed in any court, or any registry, acknowledgment, or certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books, or any proceedings whatever of or belonging to any public office within this state; or if any person shall cause or procure any of the offenses aforesaid to be committed, or be in anywise concerned therein, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. For those with an hour to kill thinking about the issues, Jeffrey Kwall and Stuart Duhl wrote an excellent article on backdating that was published in Business Lawyer in 2008.For a shorter piece with a few practical tips see Backdating – it’s illegal isn’t it?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.Backdating is both unethical and, more importantly, illegal.It only takes one instance of a backdated document being caught to land the notary public in hot water. If clients view a notary as being unethical, he or she will have a hard time trying to encourage clients to choose their service.Clients want to know that they are dealing with a professional notary whom abides by all of his or her respective state’s laws.
Unfortunately, this is an all-too-common practice in a variety of different fields and industries.
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.
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.
For the purposes of this paragraph, the term “care and custody” includes, but is not limited to, a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415. Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards records of the Department of Children and Families or its contract provider with the intent to conceal a fact material to a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415, commits a felony of the third degree, punishable as provided in s.