Legal analysis
This situation generally means that the parties reach an agreement on all the contents of the contract through consultation and sign the contract. One party sealed the contract, but the other party failed to seal it for various reasons. Specifically, when a contract is concluded in a different place, because one party doesn't carry a seal with him, it can't be stamped when the contract is concluded, so one party stamps the contract with its own seal and brings it back to the other party for stamping, but the other party doesn't stamp it after returning to the unit for various reasons, and the signer is not the legal representative or person in charge of the unit, but only the general staff. After the terms of the contract are agreed, one party shall seal it, and the other party shall seal it only after submitting it to the legal representative or person in charge for examination and approval. However, the legal representative or person in charge refused to seal the contract on the grounds that he did not agree with the terms of the contract. It is very important for both parties to sign and seal the contract. Without the signatures and seals of both parties, it is impossible to finally confirm that both parties have reached an agreement on the contents of the contract, nor can it prove that the contract is valid. If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. However, the signature and seal of both parties is only a matter of form, and the true meaning of the parties should be investigated in essence. If a contract concluded in the form of a contract has been performed, but it has not been signed and sealed, it is considered that the contract is not established and violates the true meaning of the parties. Therefore, a contract concluded in the form of a contract is established if one party has fulfilled its important obligations before signing or sealing it, and the other party accepts it.
legal ground
Article 16 of the Regulations of People's Republic of China (PRC) Municipality on the Administration of Registration of Enterprise as a Legal Person, an enterprise shall be established after the unit applying for business registration of enterprise as a legal person has been approved and registered by the registration authority and obtained the Business License of Enterprise as a Legal Person. An enterprise as a legal person can engrave the official seal, open a bank account, sign a contract and carry out business activities with the Business License for Enterprise as a Legal Person. The registration authority may issue a copy of the business license of an enterprise as a legal person according to the business needs of the enterprise as a legal person.