Effective. The official seal and corporate seal of the contract cannot overlap, but it does not affect the legal effect. A legally established contract is valid if its seals overlap. The parties may agree to issue a certificate to prove the validity of the contract. Generally, except for a contract concluded by one party through fraud or coercion that harms the interests of the state, maliciously colludes, harms the interests of the state, the collective or the third party, and violates the mandatory provisions of laws and administrative regulations, the contract will take effect immediately. A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law, so the official seal of a legal person is actually the official seal of a company that most of us understand; Since it is the official seal of the company, it is the most effective for an enterprise, and the use method needs to be strictly regulated. Any unit using the official seal must strictly abide by the leadership examination and approval system.

That is, every use of the official seal of the unit must be approved by the legal representative of the unit. If the legal representative of the unit goes out or cannot approve other important tasks, the legal representative of the unit must also authorize the deputy and other appropriate personnel to approve the use. The specific handler shall not use the official seal of the unit to handle anything without authorization. If the official seal of the unit is damaged, lost or stolen due to poor management, it must be reported to the superior and relevant departments as soon as possible, in addition to investigating the responsibility of the responsible person according to relevant laws and systems, and take corresponding measures to recover the losses; While completing the formalities as soon as possible, engrave a new seal as soon as possible so as not to delay the normal work.

The difference between official seal and corporate seal:

1, using different institutions;

2. Seals have different functions;

3. The matters handled are different;

4. Different formats.

legal ground

Article 490 of the Civil Code of People's Republic of China (PRC)

If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Article 491 The parties entered into a contract in the form of data messages. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed.

If the information of a commodity or service released by one party through information networks such as the Internet meets the conditions of the offer, the contract is established when the other party successfully selects the commodity or service and submits the order, unless otherwise agreed by the parties.