Stamping corporate seals, especially official seals, on blank paper in advance can easily be misappropriated by unscrupulous persons for other non-company authorized activities. On the one hand, it can easily cause irreversible damage to the company's credit and corporate image; on the other hand, it can easily cause irreversible damage to the company's credit and corporate image; On the other hand, signing a contract using a blank page with a stamp that is not authorized by the company can easily expose the company to financial losses or even legal liability.
1. As early as 1998, the Supreme People's Court proposed in the "Regulations on Several Issues Involving Suspects of Economic Crimes in the Trial of Economic Dispute Cases" that others use the official seal of a legal entity to carry out illegal activities and the legal person needs to Concentration of civil liability:
Situation 1. Others borrow a legal person’s business introduction letter, a contract seal or a blank contract with an official seal to sign an economic contract in the name of the lending unit, causing economic losses to the other party
Case 2: The perpetrator steals or misappropriates the legal person's official seal, business introduction letters, blank contracts with official seals, or privately engraves the legal person's official seal to sign economic contracts with external parties, and the legal person has obvious faults and the fault There is a causal relationship with the victim's economic losses;
Scenario 3: After the expiration of the enterprise's contract or lease operation contract, the enterprise has handled the corresponding change registration in accordance with regulations, but the enterprise has not taken effective measures to withdraw the official seal A blank contract, letter of introduction or official seal is provided, or the counterparty is not notified in a timely manner, causing the original enterprise contractor or lessor to sign an economic contract in the name of the original contractor or leasing enterprise, causing economic losses to the counterparty;
Situation 4: After the employee of the legal entity is dismissed or the person entrusted by the legal entity to keep the official seal is terminated, the unit fails to take back his official seal in time, and the perpetrator uses the retained official seal of the original unit to sign an economic contract without authorization, causing economic consequences to the counterparty loss.
2. In order to balance the efficiency of business use and risk control, what details should companies pay attention to when they need to stamp blank pages?
Note 1: Strengthen seal management, especially the formulation of regulations for stamping on blank paper
Seal managers shall not provide blank paper with official seal to anyone without internal approval of the enterprise , otherwise it will be difficult to take effective prevention, control and remedial measures against seal safety hazards.
Note 2: For situations where a blank paper is indeed required to be stamped with an official seal, the destination of the stamped blank page can be controlled and the purpose can be traced
Enterprises can check the stamped blank page When numbering and issuing, the recipient must sign for confirmation and record it in the book to ensure clear responsibilities and orderly distribution. It also provides effective evidence for later audits and troubleshooting of hidden dangers.
Note 3: Keep track of and record the blank pages after sealing
The original blank page of the official seal that has been used should be kept and filed to prove that the numbered blank page Already used. Stamped blank pages that have been received but not actually used should be recycled in time to prevent misuse.
Note 4: Promptly publicize lost stamped blank pages
If the recipient or handler accidentally loses the stamped blank page, the enterprise should follow the pre-marked instructions. The document number is reported in the newspaper to declare the loss and invalidation, so as to avoid misappropriation of lost documents for other purposes and bear unnecessary risks or losses.
While it is important to strengthen the control and tracking of stamped blank pages, it cannot fundamentally solve the security risks caused by it. As Internet applications have an increasingly profound impact on corporate operations and business operations, it is fundamental to adapt seal management and control capabilities to user needs.
3. How to improve the behavior of stamping blank pages?
Application 1: Replace the use of physical seals with electronic seals: Break the restrictions of time, region and personnel on the use of physical seals. Enterprises can use seals anytime and anywhere to avoid irregular seal usage behaviors such as stamping on blank pages;
Application 2: Through the application mode of "electronic seal anti-counterfeiting printing": Solving the problem of some users who need to record or archive paper documents Need to realize online seal use and paper-based anti-counterfeiting output;
Application 3: The combination of seal management and control hardware equipment and software systems: realize that corporate physical seals can only be used with authorization, eliminating corporate physical seals Seal theft, misappropriation, etc., ensure that every document of the company comes from the company's true instructions.
In summary, enterprises can choose appropriate methods to implement seal security control based on actual needs, thereby eliminating operational risks caused by illegal seal use such as stamping on blank pages.