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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.
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Legal analysis: The official seal on the contract and the special seal of the contract are not the same. Although the official seal and the contract seal are both used when concluding the contract, the official seal can indicate the company's contract subject qualification and can be used alone to conclude the contract, while the contract seal generally needs to be used together with the official seal.
Legal basis: Article 143 of the Code of the People's Republic of China stipulates that civil juristic acts that meet the following conditions shall have the effect of demolition:
1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 471 of the Civil Code stipulates that the parties may conclude a contract by way of offer, acceptance or other means.
Article 490: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.
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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.
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Legal analysis: there is no difference between the company's official seal and the company's contract special seal in terms of the effectiveness of the contract signing, and the main reasons why the company is engraved 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. 1. The management department of the two is 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 official seal has the function of representing the company, and its effect can be related to all 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 disposal, 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, Units with special contract seals or blank contracts with official seals shall be liable for compensation in accordance with 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.
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Legal analysis: It is not an official seal, after an enterprise legal person receives 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 Registration and Management of Enterprise Legal Persons" Article 16 The unit applying for the registration of an enterprise legal person shall be established after being approved and registered by the competent authority for registration and 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.
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.
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