According to Article 9 of People's Republic of China (PRC) Contract Law? Capacity to conclude a contract The parties to a contract 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.
Article 32? When a contract is concluded, if it is concluded by the parties in the form of a contract, it shall be concluded when both parties sign or seal it.
Extended data:
Companies generally sign contracts under the following circumstances:
1. Only the company seals, and no one signs 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.
2, only the legal representative signature, no unit seal.
Although only the legal representative or person-in-charge signs it, and there is no 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 right to publicize it to the outside world. The act of signing relevant contracts and agreements on behalf of the unit shall be regarded as the act of the unit, and the unit shall 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. In order for its signature behavior to take effect on a third party, it must have special authorization.
4. Both the seal of the unit and the signature of the legal representative or person in charge.
The signing form of this contract or agreement is valid.
5. The units of both parties shall affix their seals and be signed by the 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.