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If the receipt is written as a signature or seal, the signature is valid, if the receipt is required to be sealed, but there is no seal, and the unit does not recognize, the effect is to be determined, under normal circumstances, the receipt without the official seal has little effect, because the receipt without the official seal is not recognized in law, so the receipt must be stamped with the official seal or the signature of the parties.
Legal analysisReceipts are the original vouchers used by enterprises and institutions in economic activities, mainly referring to the receipts and payment vouchers printed by the financial departments stamped with the seal of the supervision of financial bills, which are used for administrative income, that is, non-taxable business. Receipts without official seals have no legal effect, and are not conducive to safeguarding their legitimate rights and interests in the event of disputes. But the receipt without the official seal has little effect, because the receipt without the official seal is not recognized in law, so the receipt must be stamped with the official seal or the signature of the parties, so if the subject of the receipt is a company or unit, it is not stamped with the official seal usually does not have legal effect, but if the receipt has the signature of the company's legal representative, it is regarded as having the same effect as the official seal, and the receipt is the original voucher used by enterprises and institutions in economic activities. It mainly refers to the receipt and payment vouchers printed by the financial department with the seal of the supervision of financial bills, which are used for administrative income, that is, non-taxable business, but the receipt without the official seal has little effect, because the receipt without the official seal is not recognized in law, so the receipt must be stamped with the official seal or the signature of the party, and the official seal refers to the seal used by the organs, groups, enterprises and institutions.
Since the Ministry of Public Security does not have uniform regulations on the procedures for carving seals, the regulations on the procedures for engraving seals are different in different places. Depending on the type of seal to be engraved, the procedures are different.
Legal basisArticle 490 of the Civil Code of the People's Republic of China: Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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It is also possible to have a signature on the receipt, but if the payee is a unit, it is best to ask for a stamp; If the individual collects or collects the money is personal, it is required to sign and write the ID number and verify that it is correct, and the fingerprint is also in the form of a conditional touch, as much as possible.
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If the receipt is not stamped with the seal of the unit, if it is signed by the legal representative of the unit, it will also have legal effect.
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Receipts that are not stamped are invalid. Receipts are the original vouchers used by enterprises and institutions in economic activities, mainly referring to the receipts and payment vouchers printed by the financial departments stamped with the supervision seal of financial bills, which are used for administrative income, that is, non-taxable business.
Legal analysisReceipts without official seals have no legal effect, and are not conducive to safeguarding their legitimate rights and interests in the event of disputes. But the receipt without the official seal is of little effect, because the receipt without the official seal is not recognized in the law, so the receipt must be stamped with the official seal or the signature of the party. It is not necessary to have a stamp on the receipt, as long as it is signed by a legal person.
It is natural to have an official seal. The receipt of collection is only applicable to non-business transactions, and it is okay to stamp the special financial seal or the official seal of the unit, but when it comes to operating income, invoices must be issued, and receipts cannot be issued. The stamp on the receipt is mainly used to verify or confirm that the money or item has been returned to the town for receipt.
What seal to stamp according to the situation of each unit and the provisions are different, generally is the financial special seal or the receipt of the special seal, some also use the Ministry of Finance, the Finance Department, the Department of Finance Department of the seal, and some units do not use the above special seals when the official seal administrative seal, such as the party fee collection chapter of the organization department, with the same legal effect. The difference between the purpose of the company's financial seal and the official seal: the main purpose of the financial chapter is to handle unit accounting and bank settlement business, etc., which is closely related to the company's cash and transfer business, and is used for internal borrowing and current settlement of cash and bank receipt and payment business within the company or group; The unit's external cash, bank receipt and payment business (reserved bank seal, check, remittance leakage and rough bill, business power of attorney, etc.), and other external business (such as the industrial and commercial department for filing and other purposes), etc.
The official seal has the highest effect among all seals, the company's official seal is mainly the company's seal to deal with internal and external affairs, is a symbol of the rights of the legal person, the company's external official letters, documents, reports using the official seal, external contracts and other legal documents, with extremely high legal effect, all letters, documents, contracts, letters of introduction, certificates or other company materials issued in the name of the company can use the official seal.
Legal basisCivil Code of the People's Republic of China Article 8: Civil entities engaging in civil activities must not violate the law or violate public order and good customs.
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Legal analysis: whether the receipt signature is valid without a seal depends on the situation. If the receipt is signed or stamped, the signature is valid.
If the receipt is required to be stamped, but there is no stamp, and the unit does not approve it, the validity is to be determined. Normally, receipts without an official seal are of little use, because receipts without an official seal are not recognized in law, so the receipt must be stamped with the official seal or the signature of the parties.
Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled the main obligation before signing, stamping or fingerprinting, and the other party accepts it.
When the law or administrative regulations stipulate or the parties agree that the contract shall be concluded in writing, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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Not necessarily, the law does not stipulate that the receipt must be stamped to be valid, the receipt has the signature of the parties, as long as it can prove the fact of collection, it has legal effect.
Legal basis: Article 490 of the Civil Code of the People's Republic of China: Where the parties use the form of a contract to conceal and conclude a contract and suspect it, the contract shall be established when all parties sign, affix their seals, or press their fingerprints. The contract is formed when one of the parties has fulfilled the main obligation of the calendar and the other party accepts it before signing, sealing or fingerprinting.
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Legal analysis: The law does not stipulate that the receipt must be stamped to be valid, and the receipt has the signature of the party and can prove the fact of collection, and it has legal effect.
Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign it, affix it with a lead trembling seal, or press their fingerprints. The contract is formed when one of the parties has performed the main duty of the party before signing, stamping or fingerprinting, and the other party accepts it.
When laws or administrative regulations stipulate or the parties agree that the contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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