Whether the signature or seal of the contract is valid:
1, only the company stamped, and no one signed on behalf of the company.
Because the administrative seal and contract seal of a unit can completely represent a company, a contract or agreement stamped with the seal of the company is enough to be considered as the true expression of the company. The seal here should be a seal that has been applied for engraving and filing by the public security organ. If it is a private seal, it cannot represent the company in principle. At the same time, the private engravers and users of official seals should be investigated for corresponding administrative responsibility and even criminal responsibility. In judicial practice, the people's court generally adopts the principle of "recognizing the seal but not the person" to judge the validity of the contract. Therefore, any unit should strictly supervise the seal to avoid a small mistake that will cause irreparable losses to the unit.
2. Only the legal representative signs, and no unit seals.
Article 32 of the Contract Law of People's Republic of China (PRC) stipulates: "If the parties conclude a contract in the form of a contract, the contract will be established when both parties sign or seal it." According to this understanding, a contract signed by the legal representative without seal seems to be invalid. However, Article 9 and Article 50 of the People's Republic of China (PRC) Contract Law stipulate respectively: "When concluding a contract, the parties shall have corresponding capacity for civil rights and capacity for civil conduct. The parties may entrust an agent to conclude a contract according to law. " "A contract concluded by the legal representative or person in charge of a legal person or other organization beyond its authority is valid, unless the other party knows or should know that it is beyond its authority." It can be seen that when a legal representative exercises his functions and powers on behalf of a legal person, he should generally be regarded as having corresponding capacity for civil rights and capacity for civil conduct, and his representative behavior is effective. A legal person should be responsible for its external behavior in the name of a legal person, and the official seal is not a necessary condition for the establishment of a contract. Therefore, although only the legal representative or person-in-charge signs without the seal of the unit, as long as the legal representative or person-in-charge of the unit is registered in the relevant registration, it has the power of publicity. The act of signing relevant contracts and agreements on behalf of the unit should be regarded as the act of the unit, and the unit should bear civil liability for it.
3. Only the head of the department signs it, and there is no unit seal.
Generally speaking, the department heads of an organization are all appointed by the company and are not shown in the registration information, so there is no publicity effect. Of course, the signature of the department heads cannot represent the organization. If it is necessary to make its signature act effective for the third party, it must have special authorization, that is, the unit should issue a power of attorney for it, indicating the entrusted affairs, scope of authorization, duration of authorization, etc. , and affix the seal of the unit. The signatory shall keep the power of attorney as an annex to the contract, so as to make his signature legal and effective.
4, both the unit seal, and the legal representative or person in charge of the signature. The signing form of this contract or agreement is valid.
5. The seals of both parties and the signatures of department heads or representatives. The signing form of this contract or agreement is valid.
6, no unit seal, no one signed.
In practice, this may happen. Although the two sides have drawn up the contract and handed it to each other for approval, they have not signed and sealed it. One party has fulfilled the main obligations of the contract, and the other party has accepted the performance of the other party. Then the contract should be established and take effect, but the effectiveness of the contract is not based on the written contract itself, but on the performance of both parties.
According to the above specific signature or seal, you can know whether the contract is valid or not.