When are the official seals and contract seals used?

The official seal and the special seal of the contract are used when the company signs the contract, and the official seal of the company should be stamped when the documents are issued in the name of the company.

The official seal refers to the seal used by 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.

The special seal of the contract is a seal that must be recorded, and the special seal of the contract can be used to safeguard the legitimate rights and interests of the company.

Affixing the special seal of the contract refers to the act of affixing the special seal of the company to the written contract reached by the parties to the contract after negotiation.

Generally, seals with special words after the name of the seal are special seals.

The contract seal is exclusive and can only be stamped on the contract, and it is invalid if stamped on official documents other than the contract. The official seal is used for the official documents of the unit, and the scope of use of the official seal includes letters, official documents, contracts, letters of introduction, certificates, etc. issued in the name of the company, and the scope of use is wide.

Article 469 of the Civil Code of the People's Republic of China: When parties conclude a contract, they may use written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 471:When a party concludes a contract, it may take the form of an offer, acceptance or other means.

Article 16 of the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons An enterprise shall be established after the application for business registration of an enterprise legal person shall be approved and registered by the competent registration authority and after receiving the Business License for Enterprise Legal Person. The business license of the enterprise legal person can engrave the official seal, open a bank account, sign a contract, and carry out business activities.

Article 32 Where an enterprise legal person has had its Business License revoked, the competent registration authority shall confiscate its official seal and inform its depositary bank of the cancellation of registration, and the competent department or liquidation organization shall be responsible for clearing up its creditor's rights and debts.

It is not possible to engrave privately, you have to write an application to the public security brigade of the Public Security Bureau for approval.

If there is a special seal for the contract, the special seal for the contract shall be stamped when the contract is signed, and the official seal shall be stamped with some documents and legal documents of the company. Generally, enterprises must have official seals and financial seals, and the special seal of the contract can generally not be engraved.

Of course, the official seal cannot be engraved privately, there are regulations, and people are also responsible.

Of course, the official seal can be used for the contract, if it is to be divided very finely, or it is filed in a certain place, it may be necessary to use the special seal of the contract.

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Legal analysis: there is no difference between the company's official seal and the company's contract seal in terms of the validity of the contract signing, and the main reasons why the company engraves the contract seal in addition to the official seal are as follows

1. Because there is a difference between the company's official seal and the company's contract seal in terms of use and management.

Clause. First, the management departments of the two are different. The management department of the company's contract seal is generally the legal department, and the management department of the company's official seal is generally the company's comprehensive management department. Clause.

2. The scope of use and effect are different. The company's special contract seal is used exclusively for the signing of the contract, and its effect is limited to the signing of the contract. The public closure has the function of representing the company, and its effect can be related to all the affairs of the company in addition to the signing of the contract.

2. Because the company's contract work is routine and professional, the use of special contract seals can realize the special management of the contract and better control the contract risk.

Legal basis: "Several Issues Concerning the Supreme People's Court Involving Suspected Economic Crimes in the Trial of Economic Dispute Cases" Article 4 Where an individual borrows a business introduction letter, a special contract seal, or a blank contract with an official seal, signs an economic contract in the name of the lending unit, and fraudulently obtains property for personal possession, use, or disposition, or other criminal activities, causing economic losses to the other party and constituting a crime, in addition to pursuing the criminal responsibility of the borrower in accordance with law, the letter of introduction for lending business, The unit with a special seal of the contract or an empty car with an official seal to defend the contract shall be liable for compensation in accordance with the law. However, there is evidence showing that the victim clearly knew that the other party to the contract was borrowing, but still signed a contract with it.

Legal analysis: It is not to take a wide official seal, after an enterprise legal person has obtained a business license, it can engrave three official seals and file them with the industrial and commercial bureau: official seal, contract seal and financial seal. These three official seals are seals with legal effect on behalf of the corporate legal person.

Legal basis: "Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons" Article 16 The enterprise shall be established after the application for the registration of the enterprise legal person shall be approved and registered by the competent registration authority and the business license of the enterprise legal person shall be obtained. The business license of the enterprise legal person can engrave the official seal, open a bank account, sign a contract to eliminate the discussion, and carry out business activities.

The competent registration authority may, in accordance with the needs of the enterprise legal person to carry out its business, issue a copy of the Business License of the Enterprise Legal Person.

Legal Analysis: Not the same. The effectiveness of the official seal is much larger than the scope of the special seal of the contract, and some companies only have the official seal but not the special seal of the contract.

In addition to the special seal of the contract when signing the contract, it is also possible to stamp the official seal. The contract seal is only used for commercial contracts, but the official seal can be used instead of the contract seal.

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 its main obligations and the other party has accepted it before it is signed, stamped or fingerprinted.

When a contract is concluded in writing as stipulated by laws or administrative regulations or agreed by the parties, and the parties have not adopted the written form but one party has recklessly performed its main obligations and the other party has accepted it, the contract shall be established.

Legal analysis: The official seal is generally the seal of the unit to deal with internal and external affairs, and the company's external official letters, documents, and reports use the official seal, and the documents stamped with the official seal have legal effect. The same chapter is specially used for the signing of the contract, and the two have the same effect in the signing of the contract, as long as it is true.

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 all parties sign, affix their seals or press their fingerprints. The contract is concluded when one of the parties has fulfilled its primary obligations and the other party has accepted it before it is signed, sealed, or fingerprinted.