Is it a crime for the legal representative to maliciously publish a newspaper claiming that the offi

It's just dishonest, and you don't have to bear legal responsibility. China's Company Law does not stipulate that the legal representative must bear legal responsibility for fraud, falsification, and misrepresentation of the loss of the company's official seal. However, the Company Law stipulates that if the legal representative forges the company's official seal, he or she will be held legally responsible, and if it is serious, he will be punished by the criminal law.

Legal analysisThe 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.

If the official seal is lost, it is required: first, the legal person must bring the original and copy of the ID card; The original and photocopy of the industrial and commercial business license shall be reported to the police station under the jurisdiction of the place where the loss is located, and the report certificate shall be obtained. Second, the original and photocopy of the report certificate; The original and photocopy of the copy of the industrial and commercial business license shall be published in a newspaper at or above the municipal level that is publicly issued daily, and the official seal shall be declared invalid (such as the Legal Evening News, Beijing Youth Daily, Beijing Morning News, Evening News, etc.).

The newspaper will be published the next day. Thirdly, three days after the publication of the newspaper, the legal person shall handle it in person. Hold a whole newspaper to report loss; The original and photocopy of the copy of the industrial and commercial business license; The original and photocopy of the legal person's ID card (the front and back of the ID card must be copied); Explanatory materials for the loss of the official seal written and signed by the legal representative (the reason for the loss of the official seal, the time and place of the report, the time and place of the report, the time and time of the statement and the page where the report is published must be stated in detail).

Legal basisCriminal Law of the People's Republic of China" Article 280 Whoever forges, alters, buys or sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and shall also be fined; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Whoever forges the seal of a company, enterprise, public institution, or people's organization is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine. Whoever forges, alters, or buys or sells resident identity cards, passports, social security cards, driver's licenses, or other documents that may be used to prove identity in accordance with law, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Article 280-1: Where forged, altered, or stolen other people's resident identity cards, passports, social security cards, driver's licenses, or other documents that can be used to prove identity in accordance with law are used in activities where proof of identity shall be provided in accordance with state provisions, and the circumstances are serious, short-term detention or controlled release is to be given, and/or a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. Article 280-2 Whoever steals or fraudulently uses the identity of another person to substitute for the higher education admission qualifications, civil servant employment qualifications, or job placement benefits obtained by others, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine.

Where others are organized or instructed to carry out the conduct in the preceding paragraph, a heavier punishment is to be given in accordance with the provisions of the preceding paragraph. Where state employees commit the conduct in the preceding two paragraphs, and another crime is constituted, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.

The key is how to determine that it is malicious, and if it does, it is also a dereliction of duty and does not constitute a crime.

Yes, you should go to the engraving unit designated by the local public security organ to engrave the new company seal and do a good job of filing and registration procedures.

Article 23 of the Provisions on the Administration of Seals of State Administrative Organs, Enterprises, Institutions, and Social Organizations stipulates: "Organs for the production and issuance of seals shall standardize and strengthen the management of the production and issuance of seals, and strictly handle procedures and examination and approval procedures. State administrative organs, enterprises, public institutions, and social organizations shall engrave seals at the seal engraving units designated by the local public security organs.

Requirements for enterprises to apply for engraving seals:

1. Newly established enterprises must hold the original and copy of the legal person ID card and the "Business License", and the certificate of engraving issued by the superior unit.

2. To apply for engraving all kinds of special seals of enterprises, it is necessary to hold a certificate issued by the unit, and bring the original and copy of the "Business License" issued by the Industrial and Commercial Bureau, and the public security organs shall examine and approve it according to the business scope and relevant regulations.

3. Private and individual enterprises apply for engraving seals, and the legal person writes the application report. Private enterprises must hold the original and copy of the legal person's ID card, and individual enterprises need to go to the neighborhood committee or police station where they operate or live to verify and affix the official seal and then bring the original and copy of the "Business License" for processing.

4. Foreign-invested enterprises can apply for seal engraving in addition to the branch office or at the public security office of the foreign investment center (in the museum compound).

5. Commercial banks and financial institutions shall hold the original and photocopy of the "Business License" and "Financial License" to engrave their seals, and the application report shall be issued by the competent department at a higher level.