If there is a clear clause in the agreement that it will take effect after being sealed, but only the legal representative signs it without an official seal, the agreement will not take effect yet. If there is no such clause that comes into effect after being sealed, the agreement will come into effect when both parties have the signatures of legal representatives and no official seals. The entry into force of the contract means that the established contract has certain legal binding force between the parties, which is usually called legal effect.
The establishment and entry into force of a contract are often closely linked.
The purpose of concluding a contract is to make the contract binding, so as to realize the rights and interests stipulated in the contract. If the contract fails to take effect, it will become a dead letter, and the parties will lose the purpose of concluding the contract. It is generally believed that the following conditions should be met:
1. Both parties to the contract shall be two or more parties; 2. There are two stages or processes of offer and acceptance stipulated by law; 3. Expression of intention to reach an agreement on the main terms (in some cases, some form is needed as the carrier of expression).
In addition, for an actual contract, the actual deliverable should also be regarded as a requirement for establishment. If the above conditions are met, the contract can be established. As for the validity of the established contract, it depends on whether it is established according to law. As long as it is a legally established contract, it should be valid. Legal basis: Article 32 of People's Republic of China (PRC) Contract Law. If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.
2. The IOU made by the company as a legal person only bears the official seal. Is it valid without the signature of a legal person?
effective
3. The IOUs typed by the corporate legal person are not signed by the corporate legal person, but only the official seal is valid?
Effective. The contract you signed with Party A is established when you sign or seal it with Party A. The failure of the legal representative of Party A to sign it does not affect the effectiveness of the contract. The premise of the validity of a civil act is that it conforms to the law, that is, it does not violate the prohibition and mandatory provisions of the law, and it means that it truly abides by the principle of good faith. As long as the signed contract can embody the principle of protecting the rights and interests of all parties, the contractual relationship should be considered valid. As for whether the parties affix their official seals or sign, it is only a matter of form, because they only affix their seals but don't sign or just sign and don't stamp, and there is no opposite determination on the establishment and effectiveness of the contract. Article 32 of the Contract Law of People's Republic of China (PRC) stipulates that if the parties conclude a contract in the form of a contract, the contract is established when both parties sign or seal it.
Four, individuals borrow money from the company, the company legal person to make a loan, only stamped with the official seal, is it valid without the legal person's signature?
Effective. The contract you signed with Party A is established when you sign or seal it with Party A. The failure of the legal representative of Party A to sign it does not affect the effectiveness of the contract.
The premise of the validity of a civil act is that it conforms to the law, that is, it does not violate the prohibition and mandatory provisions of the law, and it means that it truly abides by the principle of good faith. As long as the signed contract can embody the principle of protecting the rights and interests of all parties, the contractual relationship should be considered valid. As for whether the parties affix their official seals or sign, it is only a matter of form, because they only affix their seals but don't sign or just sign and don't stamp, and there is no opposite determination on the establishment and effectiveness of the contract.
Article 32 of the Contract Law of People's Republic of China (PRC) stipulates that if the parties conclude a contract in the form of a contract, the contract is established when both parties sign or seal it.