Dates under signatures

I've talked about this before, but apparently it needs to be repeated.  

How about all of us contract folks just make a pact to eliminate the date lines under the signature lines on agreements?

Unfortunately we have to do with because there are morons out there who cannot manage to get the same date on each copy of the agreement.  Consider the following scenario:

1) For some reason, the agreement MUST be signed today.  Therefore we must do electronic signatures of this agreement that has taken a year to negotiate today.  The reasons for this urgency are always unclear, but every person who does agreements is familiar with this vague but urgent demand for signed documents.

2) You prepare two duplicate original execution copies of the agreement from the final, agreed upon draft.  In preparing these documents, you fix all the bad formatting so that it prints out nicely.  You email a copy of this document with the formatting changes to your counterpart.  You check the originals thoroughly and initial every page because you're a professional and are claiming your work product.  You obtain your signatory's signatures on the two original copies.  He/She signs and dates both copies: September 16, 2011.

3) You scan one duplicate original and email it to your counterpart AND you drop both of the originals into the Fedex box.  You have fulfilled your duty as steward of the documents admirably.

4) As it turns out, it wasn't that important the the agreement be fully signed today because you do not immediately get an email back with their signatures.

5) Finally, your counterpart sends you an email with a pdf attachment.  But....wait.....what the hell is this crap?  They have sent you a copy of the agreement that doesn't have your initials on every page or signatures either.  It seems they prepared their own execution copies rather than using the signed document that you sent to them.  Further, they didn't print the final, well-formatted draft, but the draft that was identical in terms of content, but not in terms of formatting and half of the signature lines are dangling on their own page at the end of the agreement.  So, they have signed what is arguably a different agreement than what you signed.  Their electronic signatures are dated September 18, 2011.

6) A few days later, you receive back the countersigned original of the agreement.  They signed this one September 20, 2011.  

So, let's summarize:

• We have one electronic copy of an agreement signed only by us dated September 16, 2011.
• We have another electronic copy signed only by them dated September 18, 2011.  The text of this document is identical to the first, but looks different due to different formatting.
• We have a fully signed original document with our signature on September 16 and their signature on September 20.

When did the parties have an agreement?

Now, there is very likely case law on the exact topic, but we can a lot of headaches by just stating in the agreement when the effective date is and getting rid of the date lines on the signature page.  

- Dean Stell