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Franklin
Franklin, Attorney
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NDA - Which Date?

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If I spoke with a couple people about some ideas and would now like them to sign an NDA that starts from the date we started talking about the ideas:

Which of these two options would you recommend:

1) NDA with date when we first started talking about the project:

This Non-Disclosure Agreement (this “Agreement”) is made and entered into on _________ by and between…

Do I need to mention this to them ahead of time or just sending the NDA is sufficient?

Note: The NDA has lines for initials on each page

OR

2) NDA with current date
Hello, my name is XXXXX XXXXX U.S. immigration and business attorney, and I'll be happy to assist you today.

Good evening, I believed I helped you your previous NDA matter before. Feel free to just directly request me in the future should you need additional support on this issue.

In this scenario, option 2 is the best. In contract law, you don't want to backdate, that is to say, you don't want to fill in blanks for dates with dates that have already passed. That will cause the whole contract to come into question, especially if the signature at the end of the document has a current date.

Just sending the NDA is sufficient. Feel free to fill out all the information for them, and have them initial and sign the agreement. If you're working with a NDA form, and it seems like you are, then you don't need to worry as much, because most of the provisions in that form have been tested before and found valid.

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