Legal analysis
Buying and selling is the basic social behavior of commodity society. Whether as citizens, legal persons or other organizations, they should meet their own life and production needs through buying and selling. When buying and selling goods, you need to sign a sales contract. What should you pay attention to when signing a sales contract? Although the signature and seal of the contract is only a small link, it has an important impact on the whole contract. How to sign and seal the sales contract? Please see the details below. I. Matters needing attention when signing a sales contract: 1. The name of the contract subject and the name of the signatory must be the same. The seller should pay attention to the fact that the name of the unit at the end of the buyer's contract must be consistent with the name of the unit at the beginning of the contract, the name of the unit stamped with the official seal or the special seal for the contract must be consistent with the written name of the unit, and whether the names of the legal representative and the entrusted agent are consistent with the real names, without typos, other words, missing words or abbreviations. 2. When an agent signs a contract, the agency right shall be reviewed. For the contract concluded by the other salesman or manager on behalf of the unit, we should pay attention to the authorization of the other party, including the scope of authorization, the duration of authorization, the authenticity of the letter of introduction, etc. For senior managers who are not legal representatives, such as deputy general manager and vice chairman, it should be known whether they have representation. In order to avoid unauthorized agency. 3. Prevent malicious performance of the contract. The situation of malicious performance of a contract is complicated, but if active preventive measures can be taken in advance when concluding a contract, the contract risk will be greatly reduced. If you have doubts about the credit standing of the other party, you can ask the other party to provide a guarantee. In addition, keep relevant evidence in the performance of the contract, and actively exercise the right to appeal to the people's court to protect rights in case of disputes, so as to avoid losses due to exceeding the limitation of action.
legal ground
Article 14 of the Company Law of People's Republic of China (PRC) * * A company may set up branches. The establishment of a branch company shall apply to the company registration authority for registration and obtain a business license. A branch company does not have legal person status, and its civil liability shall be borne by the company. A company may set up subsidiaries, which have legal personality and independently bear civil liabilities according to law.