How to manage the company seal? How to manage the company seal

Problems with seals:1The seals are scattered, the subsidiaries or projects are all over the country, and there are many seals, and the use of seals is even more unknown to the headquarters, and there is no effective means of control and control; 2.

Seal take-out is in an unsupervised state, and the risk is huge; 3.Seal users engage in favoritism and malpractice to stamp unauthorized documents; 4.There is a black seal incident, and it is difficult to obtain evidence, which brings huge losses to the enterprise.

The management of many enterprise seals is not in place, and the company owner, as a corporate legal person, bears huge legal risks. Who is using it? Used in**? Problems include the investigation of contracts.

Solution: It cannot be an official seal, a contract seal, a legal person seal, a special financial seal, or a personal private seal, it can be loaded into the ADA intelligent hardware, access to the effective electronic signature and electronic signature platform, and realize the whole process of closed-loop management of the seal, which can track the relevant information such as the printing personnel, printing time, printing location and printing documents in real time, and save evidence and unified management of all use records.

Solve the difficulties and risks of using seals in other places and taking out seals, greatly improve the efficiency of each subsidiary company in the use of seals in other places, save the management cost of seals, strengthen the security control of seals, and trace the use of seal documents.

Seal is the company's management activities to exercise authority, clear the company's various rights and obligations of the important documents and tools, the company seal includes: official seal, legal person private seal, contract seal, financial seal, invoice seal and the functional department seal.

How to manage the company seal? According to the understanding of MANDE Enterprise Service, the following problems can be controlled by knowing the following problems.

1. Types of company seals:

1) The official seal is used for the company's external affairs processing, industry and commerce, taxation, banking and other external affairs need to be stamped.

2) The special financial seal is used for the issuance of corporate bills, and checks need to be stamped when they are issued, which is usually called the bank seal.

3) The special seal of the contract, as the name suggests, usually needs to be stamped when the company signs the contract.

4) The seal of the legal representative: for specific purposes, the company should also stamp this seal when issuing bills, which is usually called the small seal of the bank.

5) The special seal of the invoice needs to be stamped when the company issues the invoice.

2. What should I do if the seal is stolen, robbed or lost?

First of all, because the official seal is filed with the public security organ, the first step after the loss should be the legal representative to bring the original and copy of the ID card and the original and copy of the copy of the industrial and commercial business license to the police station under the jurisdiction of the place of loss to report the case and receive the report certificate.

Then you need to hold the original and a copy of the police report; The original and photocopy of the copy of the industrial and commercial business license shall be published in the daily public newspaper at or above the municipal level, and the official seal shall be invalidated.

After the above procedures, if the seal is indeed stolen (robbed), the enterprise shall not be liable for any dispute arising from the use of the seal.

3. Is the contract valid if it is not stamped with a legal and valid official seal but signed by the legal representative?

The answer is yes, unless it is agreed that the contract must be signed and stamped for entry into force.

Article 32 of the Contract Law stipulates that: "If the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign or affix their seals." "Because the legal representative represents the company when he engages in civil activities in the name of the company, the signature of the legal representative alone can make the contract effective.

In the same way, although it is not stamped with an official seal, if the person who signs the contract is authorized by the company accordingly, then the contract is still valid.

4. Is the guarantee contract signed by others privately valid if the official seal is lent to others for use?

As an independent corporate legal person, the company's seal is a tangible representative and legal evidence of its external activities, and the person in charge of the company or other management personnel, after being authorized by the company, is only the temporary holder and custodian of the seal, and the rights and obligations arising from the exercise of the company's seal shall be borne by the company, and shall not be borne by the holder or custodian. If the company voluntarily lends the company seal to others for use, it shall be deemed that the company authorizes others to use the company seal, and the rights and obligations arising from the seal shall be borne by the company. Therefore, the guarantee contract signed privately by lending the official seal to others is valid, and the company needs to bear the guarantee liability.

5. Is the seal of the branch office on the contract valid?

Although the branch does not have the status of an independent legal person, the branch also receives a business license and can become a defendant in a civil lawsuit, so the seal of the branch is stamped on the contract, and the contract is generally deemed to be valid, and the relevant civil liability is borne by the head office.

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Hello! The official seal of the enterprise needs to be kept by the office person. All letters, official documents, contracts, letters of introduction, certificates or other company materials issued in the name of the company need to be applied for before they can be used; The text of the official seal shall not be photocopied or faxed, and the text must be clear, correct, and shall not be altered, and the official seal must be affixed in its position if there is alteration.

The management measures of the company's seal are as follows: 1. The establishment of a special custody system can enhance the sense of responsibility of the person in charge of the seal, and it is also conducive to finding the cause and pursuing responsibility when problems occur; 2. Establish a registration system for the use of seals, and the registration book shall be kept and registered by the seal custodian; 3. It is strictly forbidden to take the seal out of the enterprise, and it is strictly forbidden to stamp the official seal on the blank loan contract or agreement note. If you need to use the seal, you must submit the documents that need to be stamped with the official seal of the enterprise to the seal administrator for registration, sign and confirm on the seal registration book, and sign by the factory leader.

If it is a special circumstance, it should also be approved by the leader, registered by number, and signed and confirmed by the recipient. Unused contracts, agreements, and memos must be returned, and if they have been used, they must be re-registered and approved by the recipient.

Article 3 of the Company Law A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.