Professional analysis
The electronic official seal has legal effect and is based on the legal effect of the company's official seal. However, it should be noted that the electronic seal is not an electronic seal graphic, but an electronic seal. Graphics have no legal effect. They must meet certain conditions to have legal effect. They need to meet the requirements for reliable electronic signatures and meet the legal requirements for the form and storage conditions of the original electronic contract. 1. Electronic seals are not applicable to the following situations: 1. Involving personal relationships such as marriage, adoption, inheritance, etc.; 2. Involving the transfer of real estate rights and interests such as land and houses; 3. Involving the cessation of water supply, heat supply, gas supply, power supply and other public utilities. Business services; 4. Other situations stipulated in laws and administrative regulations that do not apply to electronic documents. 2. The use of the electronic official seal is as follows: 1. The user logs in to the third-party electronic seal and performs real-name authentication to obtain a digital certificate with a unique identity; 2. The user uploads the documents that need to be signed or uses a template to generate an exclusive contract document, fill in the relevant information and add Stamp the signing party; 3. Add the electronic seal and signing date on the signing page, and complete the mobile phone verification code signing, face-scanning signing, and fingerprint signing processes; 4. Wait for the other party to complete the signature. In short, the electronic official seal has legal effect, but it should be noted that the electronic seal is not an electronic seal graphic. For personal relationships involving marriage, adoption, inheritance, etc., the electronic official seal cannot be used. When using it, users need to log in to the third-party electronic seal, perform real-name authentication to obtain a digital certificate with a unique identity, and add the electronic seal and signing date on the signing page.
Legal Basis
"Electronic Signature Law of the People's Republic of China"
Article 13 If an electronic signature meets the following conditions at the same time, it is deemed to be reliable Electronic signature: (1) When the electronic signature production data is used for electronic signature, it is exclusive to the electronic signer; (2) The electronic signature production data is only controlled by the electronic signer when signing; (3) Any use of the electronic signature after signing Changes can be discovered; (4) Any changes to the content and form of the data message after signing can be discovered. The parties may also choose to use an electronic signature that meets their agreed reliability conditions.
The above legal information for lawyers is for reference only. Since the background of each case or dispute is different, the solution may be different. In order to better help you solve the problem and protect your legitimate rights and interests, it is recommended that you directly consult a lawyer to explain the situation in detail and let the lawyer provide you with a solution.
The above content is jointly produced by Brother Fa and a lawyer, and is copyrighted. It may not be copied or reproduced in any form without permission.
Party A (company): Party B (shareholder):
Party A and Party B sign this shareholding contract on the principle of honesty, friendship and