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The company's official seal is unique and can represent the company to a certain extent. When a document is stamped with the company's official seal, it means that the company recognizes the content of the document and is responsible for performing the contract. Other business seals also need to be properly kept because they have the corresponding legal effect, and once the company's seal is applied to documents that are not the company's true intentions, it may lead to economic damage or damage to the company's reputation.
In addition, because physical seals are usually kept by special personnel and stored in a fixed place, and it is difficult to accurately identify the authenticity of seals only by the naked eye, it is easy to produce hidden dangers such as seal counterfeiting.
In order to prevent seal counterfeiting, the company should standardize the use and storage, such as: standardize the use process of seals, accurately register the ledger, and prevent seals from being used outside the company's monitoring sight; Standardize the internal seal depository system of the enterprise, and the seal loan needs to be accompanied and supervised by a special person, and the seal can be returned at any time.
In addition, the combination of hardware equipment and software system can strengthen the anti-counterfeiting ability of corporate seals. On the one hand, the use of electronic contracts and electronic seals can improve the anti-counterfeiting ability of seals to a certain extent; On the other hand, for the situation that physical seals must be used, the hardware settings (seal controllers) can ensure that the seals can only be activated after authorization, so as to improve the seal control capabilities.
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Seal management does have risks. Seals are widely used, and different seals represent the final signing mode when different cooperation is signed! Therefore, in the management, we need a special person to manage!
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There are certainly some risks, but maximum measures can be taken to reduce the problem of misuse, misuse, and abuse of seals.
Electronic seal is an important form of current electronic signature technology, which mainly digitizes the physical seal and effectively binds the digital certificate, which can play a good anti-repudiation effect. Through the application of seals, the identity of the sealer, the relevant situation of the physical seal itself and the authority can be bound, which can effectively improve the identification effect of the electronic seal and make it have better integrity, reliability and validity.
In the actual use of electronic seals, digital signatures, digital certificates and secure storage and other technologies are mainly used, a legal and effective electronic seal should contain a variety of information, and also need to be confirmed and identified through the electronic seal management system. The generation of electronic seals requires an effective association of the signature certificate information, identification of the information of the seal holder, confirmation of the user attribute information of the seal, and the digitization of the relevant physical seal, and also needs to ensure that the seal attribute information is true and effective, and finally the digital signature is also required.
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Legal analysis: Attention should be paid to the management of seals: it is kept by the head of the administrative department, and the financial seal and the private seal of the legal representative are managed separately; Establish a seal register, and register the use of seals for economic contracts; The seal is taken out of the company, subject to approval and approval; It is forbidden to affix the official seal on the blank document; For the materials stamped with the official seal, it should be noted that the unit of payment is consistent with the seal; Sun Fu documents that need to be signed and stamped should be signed first and then sealed; The use of official seals for letters and legal documents issued by the outside world shall be subject to the approval of Hongqing.
Legal basis: Measures of the People's Republic of China for the Administration of Seals Article 8 Non-governmental organizations registered with enterprises, public institutions, and civil affairs departments; Village (resident) committees and coordinating bodies and non-permanent bodies need to engrave seals;
The engraving certificate issued by the competent department at a higher level and the approval text for the establishment of the unit shall be applied to the people's public security organ at or above the county level where it is located to go through the formalities for quasi-engraving.
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What to pay attention to in seal management (1) The general seal is kept by the administrative supervisor, and the financial seal and the personal seal of the legal representative are managed separately. (2) Establish a seal register, register the use of seals for economic contracts, and the general manager of the contract can only be stamped with approval and approval, and a copy of the contract shall be submitted to the finance, and the original contract shall be kept by a special person. (3) If the seal is taken out of the company, it shall be approved by the general manager, and the recipient shall submit a written application, and sign and write the date when receiving and returning.
4) It is forbidden to affix the official seal on blank documents such as blank letters of introduction, blank papers, and blank documents. In case of special circumstances, it must be agreed by the manager of the chief slag limb. (5) The general letter of introduction and proof of identity shall be reviewed by the administrative supervisor before it can be stamped.
It is strictly forbidden to issue relevant certificates to individuals, and if they need to be issued under special circumstances, they must be approved by the general manager. (6) For the materials stamped with the official seal, it should be noted that the unit and the seal are consistent, the position of the seal is appropriate, the graphics are clear, and the multi-page contract and other documents should be stamped with the seal. (7) Documents that need to be signed and sealed should be signed first and then sealed.
8) The use of the official seal for letters and legal documents issued by the outside world shall be approved by the general manager. (9) Clarify the authority of the seal management personnel, and the responsibility for the economic losses caused to the company by failing to privately stamp the seal in accordance with the regulations.
Legal basis Article 36 of the Measures for the Handling of Official Documents of Chinese People's Insurance (Group) Company.
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(1) The business process of seal engraving is not clear, there is no approval procedure, as long as the business needs, leaders or departments can carve seals at will, and there is no formal opening document issued after engraving, and there is no clear scope of use and time of use of seals.
2) The seal engraving is not carried out in the unit designated by the public security department, and it is not filed in the public security organ, and the official seal is engraved in a random unit, and it is used after the engraving, which lays a hidden danger for the risk of using the seal in the future.
3) Individual enterprises do not have rules and regulations for seal management, and the use of seals has not been strictly approved. Seal managers do not strictly review the use of seal materials, and even use seals on blank letters of introduction or blank paper. The custodian of the seal allows others to carry the seal out of sight of the person or allows others to carry the seal out of the house without a supervisor because they do not have time for someone else to stamp it on their behalf.
Fourth) individual enterprises do not have a unified seal to use the ledger, the use of a page of paper instructions, after the completion of the instructions, the leadership of the approval of the seal of the approval form by the manager's office to keep, a long time is easy to lose, can not be traced. Although individual units have a unified ledger for the use of seals, they do not register the matters of printing and the persons who use the seals for the documents that the leaders sign on the materials and report directly, and the problems involving such documents in the future cannot be traced, resulting in legal risks.
5) The seal custody system of individual enterprises is not perfect, there is no special person to keep it, the seal is lost or stolen and not reported in time, the case is not reported in time, and the newspaper does not take the initiative to publish an announcement to declare it invalid, thus leaving a potential risk of using the seal.
6) In order to pursue profits, individual enterprises are allowed to operate and construct without qualifications, and in some cases, they are even allowed to use the company seal.
7) Individual enterprises do not pay attention to the management of the seal of the project department, do not realize the importance of the seal of the project department to the enterprise, the management of the seal of the project department is not standardized, there is no limit to the scope of use of the seal of the project department and the approval procedures for use, and there is no account for the use of the seal of the project department, which forms a gap in the management of the seal of the project department and brings greater legal risks to the enterprise.
8) After the seal of an individual enterprise is counterfeited, it fails to take correct countermeasures and allows the risk to occur, which brings irreparable losses to the enterprise.
9) Individual enterprises failed to recover and destroy the seals of these units in a timely manner after their subordinate units, departments and project departments were revoked and closed, resulting in the loss of seals and forming potential legal risks.
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1. The risk of seal filing and electronic seal needs to be prevented.
2. There is no code for the seal, no record of the seal, no approval, no management risk, and a system needs to be established;
3. The seal system has not been implemented, has not been transferred to custody, and no one has supervised and inspected the implementation of the system;
4. The risk of blank printing;
5. The risk of stamp lending;
In fact, as long as a special person is set up to keep the seal, approve and seal according to the authority, sign and supervise the seal in writing, keep the photocopy for future reference, etc., and establish a seal file, the risk can be completely avoided.
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The policy of no record seal has changed.
There is no special person to keep and authorize.
Counterfeit seals. Misuse of seals.
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You can choose the form of the **engraving. One-stop handling of filing and engraving, here you can search for [Running Politics] on Alipay, select ** business of engraving, and then select the type of seal to be engraved. Prepare relevant materials, such as:
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1. The risk of unauthorized engraving. The engraving of the seal shall be approved by the leader of the unit, and the seal shall not be engraved without approval.
2. The risk of not engraving the seal in the unit designated by the public security organ. If the seal is engraved in the unit designated by the public security organ, it can be directly filed with the public security organ, and the authenticity of the seal can be verified when it is necessary to identify the authenticity of the seal in the future.
3. The risk of unauthorized use. The use of the seal must be approved by the relevant department, and cannot be used without approval, let alone on a blank letter of introduction or paper.
4. The risk of going out with a seal without authorization. The seal cannot be left by the custodian or taken out without authorization, and under special circumstances, a seal supervisor shall be appointed after approval to carry it out.
5. There is a risk of not establishing a seal use ledger and no original evidence inquiry.
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1.Characteristics of the use of seals (1) There are many types and large quantities of seals Large construction enterprises generally set up multi-level legal persons or multiple branches due to the needs of production and operation, and these subsidiaries or branches and their functional departments need to engrave corresponding seals to implement production and operation management activities. At the same time, due to the construction.
2.The main problems in the management of seals (1) The examination and approval of seal procedures is not strict At present, many large-scale construction enterprises have established a strict approval system for the use of seals, but in the specific implementation, there are different degrees of lax audit and control, and the use of seals is relatively arbitrary. The main manifestations are:
The first is to use the seal for approval procedures.
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The common risks of a company's seal are mainly as follows:
1) The use of counterfeit seals by others.
2) The use of scanned and printed seals by others.
3) The other party uses an internal department seal that has no record and no qualifications.
4) Use of seals with digital symbols.
Due to the high incidence of the above-mentioned risks, companies should be vigilant and do a good job of reviewing transactions at the time of trading. For example, it is possible to check the authenticity of the seal by requesting the other party to provide the company's seal engraving permission or by entrusting a lawyer to investigate the filing of the other party's seal, carefully check whether there are any imprints that the official seal has during normal use, such as mimeographs, and refuse to use the seal in accordance with the regulations.
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It may bring legal risks to the company, and it is recommended to issue the "Administrative Measures for the Use of Seals".
It is clear that the seal is managed by a special person, and other employees need to initiate an application for the use of the seal before using the seal, and the seal can only be stamped after approval.
When using the seal, the registration should be done, and the printed documents should be copied or scanned for future reference.
If you need to go out to use the seal, the seal administrator is responsible for carrying the seal to accompany the seal employee, ensuring that the seal does not leave the hand, and returning to the unit after using the seal.
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