The contract signed by both parties has legal effect. The law does not stipulate that a contract must be sealed. For example, if the representative of the enterprise signs the contract, but does not affix the official seal of the enterprise, the contract is also valid. However, if it is clearly stipulated in the contract that the contract needs to be stamped with the official seal before it can take effect, then if it is signed by the legal representative of the enterprise without the official seal, the contract will have no legal effect.
Effective when the following conditions are met:
1. When concluding a contract, the parties must have the corresponding ability to conclude a contract;
2. The intention of the parties to the contract is true;
3. The contract does not violate the law or public interest.
legal ground
People's Republic of China (PRC) Civil Code
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. 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 493 Where a contract is concluded by the parties in the form of a contract, the place where the contract is finally signed, sealed or fingerprinted is the place where the contract is established, unless otherwise agreed by the parties. 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. Article 492 The place where the acceptance takes effect is the place where the contract is established.
Where a contract is concluded in the form of a data message, the recipient's principal place of business is the place where the contract is established; If there is no main place of business, the domicile shall be the place where the contract is established. Unless otherwise agreed by the parties, such agreement shall prevail.