What’s the Date That Matters?

Dates and deadlines. It’s one of the first things lawyers look at when analyzing a legal issue. When was the contract signed? What’s the effective date? What’s the termination date? What’s the statute of limitations? They’re all questions that matter.

The problem is that dates aren’t always that clear. For example, a document might get signed today but filed tomorrow. Or the effective date of a contract may be a week from now. The question is, how do you know what date applies? And the answer, as usual, is it depends.

Contracts are often signed and dated by all parties. The general rule in Brazil, as it is in the US, is that the final signature date is the effective date. But you can avoid the issue altogether by simply dating the agreement one time. Add the date at the beginning or end and that’s it. There’s no room for ambiguity.

Documents filed with the commercial registry (Junta Comercial) are treated a bit differently. Filings within 30 days of signature are effective as of the signature date. If a document’s filed more than 30 days after signature, it’s effective as of the actual registration date. Like in Florida, there’s also an option to pick your own effective date.

The point is that you must think ahead. It’s not enough just to haphazardly prepare a document, sign, and date it. Every detail, even the smallest decision, has potential legal consequences. When it comes to dates, make sure you’ve made it clear what date matters.