What is required to sign a contract to have legal effect?

When a natural person enters into a contract, it is generally signed by the natural person who entered into the contract or stamped with his or her own name seal;

Contracts concluded by legal persons or other organizations are generally signed by the legal person's legal representative or the responsible person of the other organization or affixed with the unit's official seal.

Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a contract at the time of the conclusion of the contract, the contract shall be concluded when both parties sign or affix their seals.

According to Article 35 of the Contract Law, if the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals. As far as the parties are concerned, they are nothing more than natural persons, legal persons and other organizations. When a natural person enters into a contract, it is generally signed by the natural person who entered into the contract or stamped with his or her own name seal; Contracts concluded by legal persons or other organizations are generally signed by the legal person's legal representative or the responsible person of the other organization or affixed with the unit's official seal.

What seal should be stamped by legal persons and other organizations is not clearly stipulated in China's Contract Law. In reality, there are many types of official seals of legal persons and other organizations, including special seals for contracts, special seals for finance, administrative seals and official seals of various departments. Generally speaking, the special contract seal and the administrative seal can be used as the contract seal, but the validity of the special financial seal and the official seal of each department depends on the specific situation, and if only the financial problems such as the amount owed (the statement between enterprises) are proved, then the financial seal is also valid.

Contracts are generally signed by the natural person who concludes the contract or affixed with their own name seal, and when a legal person or other organization concludes a contract, it is generally signed by the legal representative of the legal person or the person in charge of other organizations or affixed with the official seal of the unit.

1. Is the contract valid without the signature of the legal representative Ming Yun?

A contract is invalid without the signature of the legal representative and cannot be used as a contract signed by the company. Contracts are generally established and effective when both parties sign, seal or fingerprint, and the signature or official seal of the legal representative has the same effect.

2. The difference between the official seal and the contract seal on the contract is as follows:

1. The legal effect is different. The official seal has the highest effect among all seals and is a symbol of the rights of the legal person.

2. Different uses. The special seal of the contract, which is used by the unit when signing the contract with the outside world, can represent the unit within the scope of the contract, and the unit needs to bear the rights and obligations arising therefrom; The official seal can be used instead of the special seal of the contract;

3. The management department is different. The management department of the special seal of the contract is generally the legal department, and the management department of the company's official seal is generally the comprehensive management department of the company.

3. The contract shall generally include the following clauses:

1. The name or name and address of the parties.

2. Subject matter. This is a prerequisite for the validity of the contract, and a contract without a subject matter or with an unclear subject matter can neither be performed nor established.

3. Quantity. The number of key indicators.

4. Quality requirements. The quality of the subject matter and the standards to be met agreed by both parties in the contract.

5. Cost. The consideration payable by the party acquiring the subject matter to the party paying the subject matter.

6. Performance period. The duration of the performance of the contract and the duration of the contract.

7. Place and manner of performance. It mainly includes the mode of delivery, the form of the handover of the subject agreed by both parties; The form of transportation, the means of transportation agreed by both parties, and the mode of transportation; The place of delivery, the specific place of the handover of the subject agreed by both parties.

4. Do I need a legal person to sign a contract?

The subject of a civil contract is an equal civil subject. It can be a natural person, a legal person, or an unincorporated organization. Therefore, it is not necessary to be a legal person to sign a contract.

And the legal person is only a fictitious person, even if the legal person is a party to the contract, it is only signed by the legal representative of the legal person or other ** person who has the right to conclude the contract. Moreover. The subject of the contract must have the corresponding civil capacity, and the contract signed by the person without civil capacity is invalid.

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 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.

When signing a contract, you can use a special seal and an administrative seal, and as long as the seal has a certification function, it has legal effect. The law stipulates that a signature or seal is required to sign a contract, and one of the conditions is sufficient, but the contract may also stipulate that the contract shall be signed and sealed.

According to the first paragraph of Article 17 of the Labor Contract Law, an employment contract shall have the following provisions:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

1. What is the format of the authorization letter for signing the contract?

Power of attorney, also known as ** certificate, refers to a legal document unilaterally signed by the client and issued to a third party to indicate that the client will grant ** power to the trustee. The power of attorney mainly appears on the occasion of entrustment. For the third party, what it is concerned about is whether the person in front of him who conducts legal acts in the name of others is legally authorized by others, and the power of attorney is a written carrier to show the third party that the person has the right to do so.

Because the effect of the act of being a leader is borne by the person, you need to be very cautious when signing the power of attorney, otherwise you will be waiting for the bitter fruit. This article analyzes the various precautions for signing a power of attorney in order to make better use of this important legal instrument.

Article 919 of the Civil Code (effective as of January 1, 2021) An entrustment contract is a contract agreed between the principal and the trustee that the trustee will handle the affairs of the client.

Article 920:The client may specifically entrust the trustee to handle one or more affairs, and may also entrust the trustee to handle all affairs in general.

Article 921:The client shall pay in advance the costs of handling the entrusted affairs. The Trustee shall repay the necessary expenses advanced by the Trustee for the handling of the entrusted affairs and pay interest.

2. What are the forms of signing the contract?

The parties enter into a contract in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.

Legal analysis: only the official seal or special seal of the contract can be effective when the contract is signed. In the Contract Law, it is stipulated that the signature or seal is sufficient, and only one of them is sufficient, but the contract may stipulate that the signature and seal of the contract will take effect.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law 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 the contract, it does not affect the validity of the provisions of the contract on the performance of the obligation to submit for approval, such as the delay in submitting for approval, and the validity of the relevant clauses. If the party who should go through the formalities such as application for approval fails to perform its obligations, the other party Qiaochang may request it to bear the responsibility for violating the obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.