Under normal circumstances, the private seal that has been filed by the public security organ has legal effect. Although it is not filed, it is legally binding on the signatory if he approves his signature. According to the 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.
1. Units and individuals holding business licenses issued by the industrial and commercial departments shall meet the following conditions when applying for seal engraving:
1, a newly established enterprise applying for seal engraving must hold
(1) One original and one copy of the business license;
(2) The original and photocopy of the ID cards of the legal representative and agent 1 copy each;
(3) Power of attorney of legal person. Go to the registration hall of the local public security bureau
2, the established enterprise to apply for engraving department seal or special seal, must hold.
(1) certificate issued by the enterprise
(2) The original and photocopy of the ID cards of the legal representative and agent 1 copy each.
(3) Power of attorney of legal person. Go to the registration hall of the local public security bureau.
Two, the party, government, military organs, institutions should have the conditions to apply for a seal:
1, the party, government, army, organs and institutions must hold the seal when applying for engraving.
(1) government approval or document (valid certificate) from the first-level competent unit of this department.
(2) One original and one copy of the ID card of the agent.
(three) the certificate of the higher authorities on the application for seal engraving. Go to the comprehensive accreditation hall of the Municipal Public Security Bureau.
2, the organization to apply for seal engraving, must hold.
(1) Civil Affairs Bureau legal organization registration certificate
(2) issue a seal certificate
(3) One original and one copy of the ID card of the agent. Go to the comprehensive accreditation hall of the Municipal Public Security Bureau.
Three, to reissue the lost official seal, the unit changed its name and re-engraved the official seal should meet the conditions:
1. If the official seal of the company is lost, it must be held.
(1) The local police station received the report.
(2) newspaper statement
(3) The certificate of engraving the official seal or the original and photocopy of the business license issued by the superior competent department.
(4) The original and photocopy of the ID cards of the legal representative and agent 1 copy each.
(5) Power of attorney of legal person. Go through the formalities of engraving the official seal at the original examination and approval authority. Where a joint-stock company needs to engrave the official seal, in addition to the above conditions, it must also provide an application for engraving the official seal signed by all shareholders.
2, the unit department seal or special seal is lost, must be reissued.
(1) newspaper announcement
(2) The lettering certificate issued by this unit.
(3) The original and photocopy of the ID cards of the legal representative and agent 1 copy each.
(4) Power of attorney of legal person. Go through the engraving formalities at the original seal engraving examination and approval authority.
3. If the company applies for engraving a new official seal after its name change, the old official seal shall be returned to the original examination and approval authority for destruction, and shall be examined and approved according to the engraving procedure of the new official seal.
Four, after receiving the business license, which seals should be engraved?
1. If you want to open a bank account, you must engrave the official seal and company seal, and the financial seal depends on the situation.
(1) official seal with circular border. Usually used to handle the company's external affairs (such as issuing receipts and issuing announcement documents, etc.). ), and affix the official seal of the company to indicate that the company is responsible for the document. It is best to use full copper, semi-copper and synthetic materials for the official seal, because if you need to open an enterprise account in a bank, red glue and photosensitive seal are soft materials, and the seal is easy to deform, so it is impossible to complete the formalities of leaving the seal in the bank.
(2) The private seal of a legal person refers to the name seal of the legal representative, with boxes and block letters.
(3) The outer frame of the special financial seal is circular, which is second only to the official seal in importance. Accounting, bank settlement and other businesses need to use financial seals, and a little carelessness will bring losses to the company.
2. If it is necessary to issue a paper invoice to the customer, a special invoice seal shall be engraved. The outer frame of the special invoice seal is oval, and the text content includes company name, unified credit code and public security code.
3. If you need to contact the contract, you should affix the special seal for the contract.
4. If there are other business needs, special business seals can be engraved. Official seal, special seal for invoice, special seal for finance, special seal for contract and special seal for business must be put on record by public security.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 52 Whoever commits one of the following acts shall be detained for more than 10 and less than 15, and may be fined less than 1000 yuan; If the circumstances are relatively minor, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(1) Forging, altering or buying or selling official documents, certificates, certificates and seals of state organs, people's organizations, enterprises, institutions or other organizations.
(2) buying, selling or using forged or altered official documents, certificates or certification documents of state organs, people's organizations, enterprises, institutions or other organizations.
(3) Forging, altering or reselling tickets, boat tickets, air tickets, tickets for cultural performances, sports competitions or other valuable tickets.
(4) Forging or altering a ship's registration number, trading or using a forged or altered ship's registration number, or altering a ship's engine number.
Criminal law of the people's Republic of China
Article 280 the crime of forging, altering, buying or selling official documents, certificates and seals of state organs; The crime of stealing, robbing or destroying official documents, certificates and seals of state organs, the crime of forging, altering, trading or stealing, robbing or destroying official documents, certificates and seals of state organs, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
The crime of forging the seals of companies, enterprises, institutions and people's organizations, or the crime of forging the seals of companies, enterprises, institutions and people's organizations, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.
Crime of forging, altering or buying and selling identity documents. Whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can prove his identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.