The company's various seals include: official seal, contract seal, financial seal, invoice seal, legal person seal, human resources seal, electronic signature seal, and other seals.
The purpose of each official seal:
1. Official seal
The official seal has the highest validity among all seals and is a symbol of the rights of a legal person. In the current legislation and In judicial practice, examining whether a legal person's official seal is affixed has become an important criterion for judging whether a civil activity is established and effective. Unless there are special provisions in the law (such as the stamping of invoices), the official seal can represent the will of the legal person and sign contracts and other legal documents with external parties. It has extremely high legal effect. All letters, official documents, contracts, and letters of introduction issued in the name of the company The official seal can be used for documents, certificates or other company materials. Letters of introduction and contracts stamped with the official seal are legal documents expressing the company's intention. In legal practice, the person holding the above-mentioned legal documents is generally regarded as the company's agent (i.e. authorized representative). The company shall bear the legal consequences of any civil legal acts performed by the agent in the name of the company within the scope of agency authority.
2. Special contract seal
The special contract seal is used when the unit signs a contract with others. It can represent the unit within the scope of the contract, and the unit must bear the resulting rights and obligations; official seal It can be used instead of the contract seal.
3. Special financial seal
The special financial seal is used for handling unit accounting and bank settlement business. Before February 1, 2011, it could still be used for invoices, but the subsequent new "Invoice Management Measures of the People's Republic of China" canceled the provision that special financial seals can be stamped on invoices, clarifying that invoices can only be stamped with Special seal for invoices.
4. Special seal for invoices
Special seal for invoices refers to the seals engraved by the units and individuals using invoices in accordance with the regulations of the tax authorities. The seal impression contains the name of the company and the special seal for invoices. stamp, tax registration number, and the seal affixed when purchasing or issuing invoices.
5. Legal person seal
The legal person seal and the financial seal are collectively called the seal seal, and the legal person seal is commonly known as the private seal. The legal representative's personal seal is characterized by its personal nature. It is generally kept in the company's financial hands and used for issuing checks, withdrawing cash from unit accounts, buying checks, etc. The corporate seal has certain legal effect to the outside world and can sign contracts, produce letters of attorney, etc. Because only legal persons are eligible for entrustment, the official seal is useless.
6. Human Resources Seal
The Human Resources Seal is an internal seal and is generally not used externally. It is used for internal personnel affairs of the company's Human Resources Department, but for signing labor/labor contracts The official seal of the company is usually in effect. Of course, if other evidence can be provided to prove the existence of a labor relationship, the department seal is still bound by the law.
7. Electronic Signature Seal
With the progress of society and the development of the Internet, the Electronic Signature Law of the People's Republic of China has been implemented since April 1, 2005. 》, since then electronic signatures have the same legal effect as traditional handwritten signatures and seals. The "Electronic Signature Law" is an important step for my country to promote the development of e-commerce and remove obstacles to the development of e-commerce. However, due to information security reasons, the society generally believes that the "Electronic Signature Law" will greatly promote the rapid development of e-commerce in our country. However, in the face of "stumbling blocks" such as online transaction security and relevant legal convergence, the "Electronic Signature Law" at this stage The symbolic meaning is greater than the actual meaning.
8. Others
Other business seals carved by the enterprise itself, such as special seals for the entry and exit of materials, as well as official seals of functional departments and grass-roots units affiliated to the enterprise at all levels, etc. , which is mainly used within the enterprise and generally cannot be used outside the enterprise. The affixing of these internal seals is merely an acknowledgment of that fact. If the special archival seal is stamped on the contract, it will not have the legal effect of signing the contract.