Hereby — in plain language

Plain language

by this document — the writing you are reading is itself the thing that does the act

• by this document
• by signing this
• with these words

What to watch for

• 'Hereby' points to THIS document as the instrument doing the act, so a plain rewrite should make the document the actor — 'by signing this, you agree' — rather than dropping the word and losing the sense that the writing itself performs the deed.
• Do not confuse the 'here-' words (which point to THIS agreement) with the 'there-' words like 'thereof' or 'therein' (which point back to some specific earlier thing); a faithful plain version of a 'there-' word should name the actual contract, sum, or clause it refers to instead of carrying the vague pointer forward.
• 'Hereby' is performative, not descriptive: 'I hereby resign' is itself the resignation, while 'I resign' merely reports it; keep the sense that the words do the act, and never treat 'hereby' as a date or place word meaning 'right here'.

The Document Is the Actor. The job of "hereby" is to make the writing itself the instrument that does the act. "The Company hereby releases all claims" means the document, by existing and being signed, performs the release — not that a release happened somewhere else and is merely being reported. A good plain rewrite keeps that by naming the document as the means: "by this agreement, the Company gives up all claims." Dropping "hereby" for a bare verb usually still works, but say "by signing this" when you want to preserve the sense that the words carry the legal weight.

"Here-" Means This Document, Not This Place. "Hereby" belongs to a family of drafting words — herein, hereof, hereto, hereunder, hereinafter — where "here-" always means "this document" or "this agreement," never the physical place where the reader is sitting. This is the opposite end of the family from the "there-" words (thereof, therein, thereunder), which point back to some specific earlier thing — a named contract, a stated sum, a particular clause. When simplifying a "there-" word, name the actual thing; when simplifying a "here-" word like "hereby," anchor it to "this document."

Performative, Not Descriptive. "Hereby" marks a performative sentence: the act is done in the saying of it. "I hereby authorize the payment" authorizes the payment right then; "I authorize the payment" can read as a standing description. Because of this, "hereby" almost always sits next to a present-tense action verb (agree, grant, certify, waive, appoint, declare). Keep that present-tense, act-doing feel in the rewrite so the reader understands the sentence is taking the action, not narrating it.

Common Misunderstandings by Non-Lawyers.

• "'Hereby' means 'right here' or 'at this place.'" (No — the 'here-' refers to this document, not a location; it means 'by this writing'.)
• "'Hereby' is a binding magic word, so removing it could undo the contract." (No — it adds formality but no separate legal force; the act is binding because of what the sentence says and the signature, not the word 'hereby'.)
• "'Hereby' and 'thereof' are interchangeable connective filler." (No — 'here-' points to this document, while 'there-' points back to a specific earlier thing, and a clear rewrite should name that thing.)

Legal definition

A formal connective meaning "by this document" — it signals that the writing the reader is holding is the very means by which an act is being carried out. When a clause says someone "hereby agrees," "hereby grants," or "hereby resigns," the words are not describing an act that happened elsewhere; the document itself performs the act at the moment it is made or signed. "Here-" points to this agreement, and "-by" means "by means of," so the whole word says: this is done through these very words. The clearest plain-English approach is usually to say "by this document," "by signing this," or simply to state the act directly, because "hereby" adds formality and a performative flavor but no separate legal content.

Examples

Where you'll see it

• signature and execution clauses
• operative "I/we hereby agree" statements
• grants, assignments, and releases
• statutory enactment language

Related terms

• herein
• hereof
• hereunder
• hereto
• hereinafter
• thereof
• the foregoing

Word details

Pronunciation

heer-BY

Part of speech

adverb

Origin

Middle English — compound of 'here' (meaning 'this place', and in legal use 'this document') + 'by' — literally 'by this', i.e. 'by means of this document'

Domains

contract law, legal drafting, statutes, deeds and conveyances

Frequency

common

Formality

high