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There is only one official seal, which represents all the legal rights of the unit. There can be multiple business chapters, such as financial chapters, contract chapters, and so on. The business chapter can only represent some of the rights.
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1. The company's official seal, business seal, they all have legal effect.
2 The official seal of the company refers to the administrative seal used for internal management and proof of external transactions.
3. The business chapter is the special chapter of the contract, but some less formal companies use the business chapter instead of the contract chapter.
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1. What are the differences between business seals and official seals?
1. The differences between the business seal and the official seal are:
1) The definition is different. The official seal is the seal of the unit to deal with internal and external affairs, and the official seal is used for the official letters, documents and reports of the unit, and the documents stamped with the official seal have legal effect. If the unit does not have a special seal for the contract, the official seal should be used. The business chapter is used for business dealings;
2) The role is different. The official seal represents the unit, and the business seal is used for business;
3) The scope of use is different. The official seal has the greatest power and the widest range of use. The business seal is only used to stamp some general business documents, which can be used according to the specific affairs of the company.
2. Legal basis: Article 3 of the Company Law of the People's Republic of China.
The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property.
2. What are the responsibilities of the custodian of the official seal if it is not kept properly?
1. The custodian of the seal has lost the seal and must report it to the company in time;
2. Any personnel shall use the seal in strict accordance with the prescribed procedures, and shall not use the seal without the consent of the superior;
3. If the law is violated and the loss is caused to the company, the company will give corresponding administrative sanctions to the violator. The official seal refers to the seal used by organs, groups, enterprises and institutions.
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Legal Analysis: 1. Different Scope of Use.
1. The official seal has a wide range of applications, covering the contract chapter.
2. The contract chapter can only be useful in the contract and cannot do other things.
Second, the executors are different.
1. The general official seal is held by the legal representative of the company, and the legal representative represents the company's behavior if the legal representative seal is used together with the official seal.
2. The special seal of the contract can be held by the legal person, or it can be kept by the special contract personnel.
Legal basis: Company Law of the People's Republic of China
Article 104 Where this Law and the Articles of Association stipulate that the transfer or transfer of major assets or the provision of external guarantees by the company must be resolved by the general meeting of shareholders, the board of directors shall promptly convene a meeting of the general meeting of shareholders and the general meeting of shareholders shall vote on the above matters.
Article 148: Directors and senior managers shall not engage in any of the following acts:
1) misappropriation of company funds;
2) Deposit the company's funds in an account opened in his or her own name or in the name of another individual;
3) Violating the provisions of the articles of association of the company by lending the company's funds to others or providing guarantees for others with the company's property without the consent of the shareholders' meeting, the general meeting of shareholders or the board of directors;
4) Entering into a contract or conducting a transaction with the Company in violation of the provisions of the Articles of Association or without the consent of the shareholders' meeting or the general meeting of shareholders;
5) Without the consent of the shareholders' meeting or the general meeting of shareholders, taking advantage of his position to seek business opportunities belonging to the company for himself or others, and operating the same kind of business as the company he works for himself or for others;
6) Accept commissions from others for transactions with the company as their own;
7) Unauthorized disclosure of company secrets;
8) Other acts that violate the duty of loyalty to the company.
The income obtained by directors and senior managers in violation of the provisions of the preceding paragraph shall belong to the company.
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1. The scope of use is different, and the company seal can be applied to letters, documents, contracts, agreements, power of attorney, certification materials or other raw materials issued in the name of the group company; The business seal is used by the work unit when signing a contract with the outside world, and it can also represent the work unit within the standard of signing the agreement, and a contract seal is stamped on the contract agreement, and the work unit needs to bear the labor law relationship caused by it. 2. Managers are differentNormally, the holder of the company seal should be the entrepreneurial team of the group company or the person it believes in the most; The manager of the business chapter can also be the legal officer of the group company, the cooperative lawyer or the administrative agency. 3. The legal responsibilities are different, and the official seal needs to bear all the responsibilities except for the unique and explicit provisions of laws and regulations (such as the official seal of special invoices); However, if a contract seal is stamped on the contract agreement, the employer needs to bear the resulting labor law relationship.
I hope mine is helpful to you and I wish you a happy life.
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The company's chapter mainly includes the official seal, financial chapter, contract chapter, invoice chapter, and legal person chapter.
1. The official seal is used for the company's external affairs, such as industry and commerce, taxation, banking and other external affairs. Generally speaking, the person in charge of the official seal should be the founder of the company or his most trusted person, such as the chairman of the board of directors or the general manager.
2. The special financial seal is used for the issuance of corporate bills, and the checks should be stamped when they are issued. It is generally managed by the financial staff of the enterprise, which can be kept by the treasurer or cashier.
3. The special seal of the contract usually needs to be stamped when the company signs the contract. It can be kept by the company's legal staff, cooperative lawyers, or administrative departments.
4. The special seal of the invoice needs to be stamped when the company issues the invoice. Generally, it is kept by the invoice administrator of the finance department.
5. Legal person seal: This seal should also be stamped when the company issues bills, which is usually called the small bank seal. The custodian is generally the corporation itself, but in some cases, it is managed by a cashier in the company's financial department.
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The company's official seal mainly includes the following:
1.Official seal: used for the company's external affairs, including industry and commerce, taxation, banking and other external affairs need to be stamped. The official seal represents the will of the legal person and has the highest legal effect.
2.Financial seal: used for the issuance of corporate bills, checks, etc., need to be stamped when issued, and only providing a contract with a special financial seal is not enough to prove the establishment of the contract.
3.Contract seal: It is usually required to be stamped when the company signs the contract.
4.Seal of the legal representative: For specific purposes, the company should also affix this seal when issuing bills.
5.Special invoice seal: It needs to be stamped when the company issues invoices, and the same cannot be used when signing a contract.
The above are a few common types of company seals. It should be noted that different types of official seals have different uses and regulations, so you need to understand the relevant regulations and regulations when stamping the official seal to ensure that the official seal is legal and effective.
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The company's official seal. Generally, it refers to the legal name seal with the name of the company proving the name of the company's legal entity, also known as the administrative seal. Several other commonly used record seals are, financial special seals.
Special seal for invoices, special seals for contracts, personal name seals of legal representatives, etc.
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Legal Analysis: Not Included. The official seal represents the unit, the seal of the unit to deal with internal and external affairs, and the official seal is used for the official letters, documents and reports of the unit.
The financial chapter is used for financial matters, and the business chapter is used for business. The official seal has the greatest power and the widest range of use. The financial seal can be used for cheques and invoices or when issuing receipts, and generally needs to be filed when opening an account in a bank.
Legal basis: Company Law of the People's Republic of China Article 5 The company must comply with laws and administrative regulations, abide by social morality and business ethics, be honest and trustworthy, accept the supervision of the public and bear social responsibilities. The legitimate rights and interests of the company are protected by law and are not infringed.
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Legal analysis: The official seal refers to the seal used by organs, groups, enterprises and institutions.
Since the Ministry of Public Security has not made uniform regulations on the procedures for carving seals, the regulations on the procedures for carving seals are different in different places, and the procedures are different according to the different types of seals engraved.
The use of the official seal of any unit must strictly abide by the leadership approval system. That is, each use of the official seal of the unit must be approved by the legal representative of the unit, and if the legal representative of the unit is out or cannot be approved for use due to other important tasks, it must also be approved by the legal representative of the unit to authorize the deputy and other appropriate personnel to approve the use. Specific management personnel shall not use the official seal of the unit to handle anything without authorization.
If the official seal of the unit is damaged, lost or stolen due to poor management, in addition to the responsibility of the responsible person in accordance with the relevant laws and systems, it must be reported to the superior and relevant departments as soon as possible, while taking corresponding measures to save the loss, on the other hand, as soon as possible to re-apply for the formalities, as soon as possible to re-engrave the new seal, so as not to delay the normal work.
Legal basis: "Criminal Law of the People's Republic of China" Article 280 Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and shall also be fined; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.
Whoever forges the seal of a company, enterprise, public institution, or people's organization is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine.
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