Is it valid that the contract is stamped, but it is not signed by a legal person or an employee of t

Updated on society 2024-03-22
36 answers
  1. Anonymous users2024-02-07

    The contract is stamped, but it is not signed by the legal person, nor is it signed by the company's employees.

    Where the parties conclude a contract in the form of a written contract, the place where the contract is finally signed, sealed or fingerprinted shall be the place where the contract is concluded, unless otherwise agreed by the parties.

    After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement, and if they cannot reach a supplementary agreement, it shall be determined in accordance with the relevant terms or transaction customs. When a party concludes a contract, it may take the form of an offer, an acceptance or other means.

    The place where the undertaking takes effect is the place where the contract is formed. Where a contract is concluded in the form of a data message, the addressee's principal place of business is the place where the contract is concluded, and if there is no principal place of business, its domicile is the place where the contract is concluded.

    If the undertaking makes non-material changes to the content of the offer, the acceptance shall be valid and the content of the contract shall prevail unless the offeror objects in a timely manner or the offer indicates that it shall not make any changes to the content of the offer.

    A letter of subscription, order, reservation, etc., in which the parties agree to conclude a contract within a certain period of time in the future, constitutes an advance contract. If one of the parties fails to perform its obligation to conclude a contract as stipulated in the reservation contract, the other party may request it to bear the liability for breach of contract in the reservation contract.

    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 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.

    Article 491:Where the parties conclude a contract by means of letters, data messages, etc., and request the signing of a confirmation document, the contract is formed when the confirmation is signed.

    If the information on goods or services published by one of the parties through the Internet or other information networks meets the conditions for offer, the contract shall be formed when the other party selects the goods or services and submits the order successfully, unless otherwise agreed by the parties.

  2. Anonymous users2024-02-06

    Of course it works. The company's official seal represents the company as an organization. Whereas, the contract is signed with the company, not with the legal representative or employee. The subject of the rights and obligations of the contract is the company and not the individual.

    Therefore, the effect of the official seal is actually more effective than the signature of the legal person and the employee. In particular, employee signatures are the least effective. If the employee's signature is not the official seal, the contract may be found to be invalid.

    In principle, only the signature of a legal person is valid, but if it can be proved that the articles of association do not allow only the signature of a legal person, and the other party is aware of the provision, it is also invalid.

    But if there is an official seal, it is valid, because the official seal represents the company externally and is equivalent to the company's signature. Even if the official seal is misused due to poor management within the company, the company will bear the consequences. Unless it is proved that the other party knowingly and maliciously colluded.

  3. Anonymous users2024-02-05

    Depending on the situation, if the contract clearly stipulates that it needs to be stamped and signed, then it will not take effect! If there is no special agreement, it is valid!

  4. Anonymous users2024-02-04

    The contract is sealed, but it is not signed by the legal person, nor is it signed by the company's employees, because the contract is based on the official seal of the contract, so the contract you signed is valid.

  5. Anonymous users2024-02-03

    In this case, as long as the official seal can be proved to be genuine, the contract is valid, and the validity of the contract cannot be denied because of the signature.

  6. Anonymous users2024-02-02

    This type of situation (in addition to the other party's deliberate fraudulent use of false contracts) has two consequences. In other words, if the person who signs it is neither the legal representative nor the representative who is fully authorized by the legal representative, then the contract is null and void and has no legal effect from the time of signing. On the other hand, if the person who signs the contract is authorized by the legal representative of the other party, then the contract is legally valid.

  7. Anonymous users2024-02-01

    If the agreement has clear terms stating that it will take effect after being sealed, but only the legal representative signs and does not affix the official seal, the agreement cannot take effect. Without this clause that takes effect after being sealed, both parties have legal representatives to sign, and without the official seal, the agreement has already taken effect.

  8. Anonymous users2024-01-31

    As long as the official seal is genuine, it is valid, and if it is signed by a legal person and not stamped with the official seal, such a contract is also valid.

  9. Anonymous users2024-01-30

    In this case, there should be no legal benefit. I heard that there is an official seal, and it must be signed by the guest legal person, so yes. Pseudonyms have legal benefits.

    If you sign this kind of contract in the future, you must have signed a lawyer, how can you be protected by the law, and your kind of contract should not be protected by the law. Furthermore, you should consult a lawyer and see what the lawyer says, and he will give you a clear answer to whether this kind of contract has any legal benefits.

  10. Anonymous users2024-01-29

    If there is no special agreement. It is generally stamped with the company's official seal. Contracts are valid as well. You say that it is not signed by a legal person. Nor is it signed by a company employee. So who signed it.

  11. Anonymous users2024-01-28

    If the contract is stamped with an official seal, then the contract is valid regardless of whether it is signed by a legal person or not. Generally, the contract is based on the official seal.

  12. Anonymous users2024-01-27

    For the situation you said, it must be invalid, although it is said that it is the company's seal, but it is said that others can take this seal, but it is said that the contract seal must have the signature of the legal person, or your own words, otherwise it will not play a legal role

  13. Anonymous users2024-01-26

    Generally, the seal of the contract must be signed by the legal person, and the company's official seal can have legal effect.

  14. Anonymous users2024-01-25

    Of course, it is invalid, and it must be signed and sealed by the person in charge of the contract party in person, and the private seal of the person in charge of the contract party must be required.

  15. Anonymous users2024-01-24

    The contract has a seal, but it is not signed by the legal person, nor is it signed by the company's employees, of course, it is not valid, and it must be signed by the legal person to be valid.

  16. Anonymous users2024-01-23

    The contract is sealed, but it is not signed by a legal person, nor is it signed by an employee of the company, and I think it has no effect, and it has no legal effect.

  17. Anonymous users2024-01-22

    Hello! If the signatory is an employee of the unit and is an authorized department or authorized person, he or she has the authority to sign.

  18. Anonymous users2024-01-21

    The contract is stamped and is not signed by a legal person or an employee of the company, and of course it is invalid. What's the use of just having a chapter?

  19. Anonymous users2024-01-20

    Valid, with a company seal is fine.

  20. Anonymous users2024-01-19

    Personally, I think that as long as the contract is stamped with the official seal, and the employee's name and date of entry are signed, it has already produced legal efficiency.

  21. Anonymous users2024-01-18

    This should be okay, after all, it's a signature, as long as your chapter is valid, and then the font should not be so clear and too important.

  22. Anonymous users2024-01-17

    It is also necessary to have a legal person power of attorney of the company, which can authorize the company's employees to act as contract representatives, or to authorize non-company employees, and at the same time, it is valid with a legal person power of attorney.

  23. Anonymous users2024-01-16

    The seal of the contract must be signed by the legal person, otherwise it will be regarded as an invalid contract.

  24. Anonymous users2024-01-15

    This depends on how your contract is stipulated, black and good-looking, whether the other party has a ** group there, and whether he has authorization? If there is no authorization, it may be that the validity of the contract is pending and needs to be carried by the other party. Representing people, chasing people or something.

  25. Anonymous users2024-01-14

    Generally, there is a provision at the end of the contract, that is, the contract will take effect after it is sealed or signed and sealed, then you must sign or seal it according to the provisions of the contract. If it's incomplete, it's flawed.

  26. Anonymous users2024-01-13

    The contract has a seal, it is not signed by a legal person, nor is it an employee of the company, and the signature must be asked by a lawyer to ask whether it is effective.

  27. Anonymous users2024-01-12

    This kind of contract is not only valid if it has an official seal, but also a contract signed by the legal representative.

  28. Anonymous users2024-01-11

    Whose signature is it? Why is a stamped contract in the hands of someone outside the company? Is the stamped contract missing or what? Does the other party know that the person signing is not from your company? This needs to be analyzed in a comprehensive manner.

  29. Anonymous users2024-01-10

    As long as the contract is stamped by the company, it has legal effect.

  30. Anonymous users2024-01-09

    Specifically, depending on how the effective clause in the contract is agreed, if it is signed or sealed, it will be valid, and if it is signed and sealed, it may be invalid.

  31. Anonymous users2024-01-08

    Legal analysis: A contract is valid if it is only stamped with an official seal and not signed by a legal person. The contract has the same effect if it has an official seal or the signature of a legal person.

    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. When one of the parties has fulfilled the main obligation before signing, sealing, or fingerprinting, and the other party accepts it, the agreement is established.

    When a contract is concluded in a written form and the parties have not adopted the written form but one party has performed its main obligations and the other party has accepted it, the contract shall be established.

  32. Anonymous users2024-01-07

    Legal analysis: If the agreement has clear clauses stating that it will take effect after being sealed, but only the legal representative signs and does not affix the official seal, the agreement cannot take effect. Without this clause that takes effect after being sealed, both parties have the signature of the representative of the legal person, and the agreement has already taken effect without the official seal.

    The labor contract is only stamped and not signed by the legal person. The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

    In the labor contract, the company's official seal and the signature of the legal person have the same effect, and the contract only has the company's official seal and no legal person's signature, which does not affect the validity of the contract.

    Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the contract text.

  33. Anonymous users2024-01-06

    Legal analysis: There is no statutory invalidity in the contract, and the contract is valid if it is signed and sealed.

    Legal basis: A contract established in accordance with law under Article 502 of the Civil Code of the People's Republic of China shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

    In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of Zheng Shi's contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

    Where in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall be subject to approval and other formalities, the provisions of the preceding paragraph shall apply.

  34. Anonymous users2024-01-05

    Legal analysis: the contract is not signed and sealed by a legal person, only the signature of the employee is invalid, if the two parties have agreed, or the later performing party has accepted the services or goods of the first performing party, it is deemed to be confirmed and the contract is valid. If the person without the right to enter into a contract in the name of the person being the person has begun to perform its obligations under the contract or has accepted the performance of the counterparty, it shall be deemed to have recognized the contract.

    Legal basis: Article 503 of the Civil Code of the People's Republic of China If a person without the right to enter into a contract in the name of the person being the person has been subjected to the contract, and the person has begun to perform the contractual obligations or accepted the performance of the counterparty, it shall be deemed to be a retrospective recognition of the contract.

  35. Anonymous users2024-01-04

    Legal analysis: the contract is not signed and sealed by the legal person, and the contract is invalid if only the employee signs it, and if the two parties have recognized it, or the party that performs later has accepted the labor or goods of the party that performs first, it is deemed to be confirmed and the contract is valid.

    Legal basis: Article 503 of the Civil Code of the People's Republic of China Where a person without the right to enter into a contract in the name of the person being the person is not entitled to, and the person has already begun to perform the obligations of the air search contract or accepts the performance of the counterparty, it shall be deemed to be a retrospective recognition of the contract.

  36. Anonymous users2024-01-03

    If both parties have agreed, or the later performing party has accepted the labor or goods of the first party, it will be deemed to be confirmed and the contract is valid.

    Legal basis: Article 503 of the Civil Code of the People's Republic of China If a person without the right to enter into a contract in the name of the person being the person is the person who has the right to enter into a contract, and the person has already begun to perform the contractual obligations or accepted the performance of the counterparty, it shall be deemed to be a retroactive recognition of the contract.

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