If you haven’t signed a contract, then you may think that a contract begins with the day when it is signed by the involved parties. But this is not necessarily the case every time. To evaluate the difference between a contract and signing a contract coming into effect, you need to understand two key terms: “execution date” and “effective date”.
Here’s an explanation of both the terms and what they mean under legal agreements and contracts of your business and websites no matter if the types of those agreements are:
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In essence: What is the execution date of a contract?
“What is an execution date” of a contract is a question often asked by contractors who have been a part of the contract to be sure whether it complies with the legal requirements. The day when parties involved in a contract sign the contract is said to be the date of execution. It’s the time when parties agree to comply with the terms and conditions of the contract. Although, it is not the day when the contract comes into effect. Moreover, an effective date can be a date in the future or the past.
After you sign the lease agreement in advance before you move to the apartment, you are not responsible to pay rent or the bills, keep the unit clean, or do anything unless the effective date of the lease officially arrives. This can also be taken as if you are not allowed to live and use the space until the lease date becomes valid.
As mentioned above, the contract would not become effective until the involved parties sign the contract but it will not be considered valid until the parties sign it. For instance, the effective date according to the contract is August 30th but today is September 3rd and the necessary parties involved have not signed the contract, the contract would not be considered valid.
Based on the type and the reason for your contract, the execution date and effective date of a contract can be the same. Determine the concerns of the parties and read carefully the terms and clauses your contract holds and identify when it exactly becomes effective.
It is also important to note that an effective date can be written in different ways in a contract. It can be stated explicitly and can be a fixed date. Oftentimes, the contracts do not start functioning on the fixed date but on a conditional date instead. If a contract becomes effective after certain conditions like issuance of a license or the documents filed to the state, then it would be considered as a conditional effective date.
Sum it up: What is an effective date and the commence date?
The day on which the activities mentioned in the contract are commenced is known as a commence date. It is another term used for an effective date most of the time. While the term effective date is used most often and recommended in legally binding contracts. However, the commence date is widely used in lease agreements and residential contracts.
Read the document thoroughly when you sign your contract next time along with other parties. Now that you comprehend the difference between the effective and execution date of a contract, determine the date when the contract comes into play.
If you miss the time and date when the contract becomes effective and you fail to meet the required obligations at the time, the parties involved in the contract can sue you for not complying and breaching the contract rules. For this reason, you must note the effective date to avoid any legal actions that your co-parties may take against you.
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