Contracts often include formal signing language such as “signed this day of” or “dated this day of.” These phrases appear similar and are sometimes used interchangeably, but they serve different legal and practical purposes.
Understanding the distinction between signed this day of and dated this day of helps clarify when a contract was signed, how dates are recorded, and which date may control the agreement.
What Is the Difference Between “Signed This Day Of” and “Dated This Day Of”?
In general:
- Signed this day of refers to the date on which a party actually signs the contract. For instance, when a contract states that it was “signed this day of,” it refers to the date the contract was signed by that party or by all parties, depending on the contract’s formulation.
- Dated this day of refers to the date assigned to the document as its formal date, which may or may not be the signing date. For instance, a contract may become effective on April 15th, whereas the parties signing the contract on April 1st date the contract as April 1st.
The difference matters when parties sign on different days or when the contract date is intentionally set apart from execution.
What Does “Signed This Day Of” Mean in a Contract?
“Signed this day of” generally indicates the specific calendar date on which a party executes the agreement by signing it. This phrase is commonly found:
- In signature blocks
- Below a party’s name and title
- Next to handwritten or electronic signatures
When a contract states “signed this day of,” it is making reference to the actual act of signing, not necessarily the date the contract takes effect.
The important points to consider when using this phrase are that:
- Each party may sign on a different day
- The phrase reflects actual execution
- It is useful for evidentiary and recordkeeping purposes
What Does “Dated This Day Of” Mean?
On the other hand, “dated this day of” generally makes reference to the date of the document. This is the date the contract is labelled with, regardless of when signatures are applied. For instance, in some contracts, language can be placed before the signature block stating that the contract is dated April 1st. When all parties sign, regardless of their actual signature dates, they all agree that the contract is dated April 1st.
This phrase is often used:
- At the beginning of a contract
- In the opening paragraph
- In a statement right before the signature blocks
- When a single contract date is desired
When the parties use this phrase, the date they assign to the contract can be:
- The same as the signing date
- Earlier than the signing date
- Later than the signing date in rare cases
The key distinction is that dating a contract does not necessarily mean it was signed on that date.
Why Contracts Use Both Phrases
Contracts use both phrases to address different situations, like when the parties sign on different days, the contract needs to be uniform, the contract needs to be aligned or harmonized with other contracts, the contract signing process will take place over time, or for other reasons important to the parties.
Understanding appropriate contract drafting techniques and language adds clarity and reduces disputes about timing.
Practical Example
Consider the following language:
“This Agreement is dated this 15th day of June, 20XX, and signed this day of June 1, 20XX.”
In this example, June 15th is the date the parties wish to label the contract and June 1st is the day the parties actually signed the contract. If multiple parties sign on different days (instead of all signing on June 1st), each signature block may reflect a different “signed this day of” date while the contract remains dated June 15th.
Legal Effect of Each Phrase
Signed This Day Of
- Documents when a party actually signed the contract
- Documents the date a party gave their consent
- Establishes a clear contract execution date
Dated This Day Of
- Establishes the document’s formal date
- Records the actual date the parties wish to give to the contract, regardless of their signature dates
- Allows for the harmonization of different contracts
- Provides consistency across multiple copies of the contract
When there is a conflict, courts typically look to execution and effective date provisions, not the dating language alone.
Common Mistakes and Misunderstandings
- Assuming the dated date is always the signing date
- Leaving signature dates blank
- Treating the dated date as the effective date
- Mixing inconsistent dates across the document
To ensure your contract is well drafted and clear, be sure to use the “signed this day of” when you are clearly intending to reference a party’s actual signature date and use the dated this day of if you are referencing something that you intend to assign a date to. Avoiding these common mistakes can create ambiguity, especially in enforcement or compliance situations.
Related Contract Terms to Know
- Executed On: The date a contract is signed
- Effective Date: The date obligations begin
- Commencement Date: Often used in leases or service agreements
- Counterpart Signatures: Separate signature pages signed on different dates
Understanding how these terms interact helps ensure contracts are interpreted correctly.
Frequently Asked Questions
- Can a contract be dated but not yet signed?
Yes. A contract can be dated before signatures are applied, particularly when documents are prepared in advance. This generally happens when the parties intend to harmonize different contracts or use a future contract date that is linked to the effective date of their obligations.
- Should each party write “signed this day of” with their own date?
Yes. It is good practice for the contract language to be clear. It is good practice to have each party state their own signature date to accurately reflect execution.
- Does the “dated this day of” control legal obligations?
Yes and no. Obligations are usually controlled by the effective date or when a contract is fully executed, depending on the contract language. If the dated this day of is linked to the effective date, then yes, it will control legal obligations. However, if the contract date is separate from the effective date, then it will not control.
- Is one phrase better than the other?
Neither is better. They serve different purposes and are often used together for clarity. What is important is that you draft your contract in clear and precise manner to avoid ambiguity about things like signature dates, contract dates, and effective dates.
Takeaway
“Signed this day of” and “dated this day of” are important phrases and are not interchangeable. One records when a party signs, while the other records the document’s formal date. Using both correctly helps reduce ambiguity, clarify execution timing, and prevent contract disputes.
When reviewing or drafting contracts, always confirm which dates are descriptive and which dates actually control legal obligations.
