Does the name seal have legal effect? According to the contract law of our country, a contract is not established until it is signed or sealed by both parties. Therefore, the importance of signing and sealing for the contract is beyond doubt. Do you know that the name seal has legal effect?

Does the name seal have legal effect? 1 The private seal has no legal effect. Because the seal is reproducible. A contract signed with a private seal is not recognized by the litigation court, so don't worry about others taking your seal or forging your seal to sign the contract. The name seal of the legal person and financial personnel of the unit is not a private seal, but an official seal (public personal seal). When it is used, it is counted together with the official seal of the unit, and it is useless to cover it alone.

Article 25 of China's Contract Law stipulates that a contract is established when the acceptance takes effect; Article 32 stipulates that if the parties conclude a contract in the form of a contract, the contract is established when both parties sign or seal it. Please note that "signature or seal" is established here, that is, "signature" in law. The "parties" here include both "legal persons" and "natural persons", but the signatures of legal persons are more complicated than those of natural persons. A contract concluded by a legal person must have the official seal of the legal person and the signature of the legal representative or his agent (authorized by the legal representative), both of which are indispensable.

First, what kind of seal is valid on the contract?

The official seal or contract seal can be used to sign a contract. According to Article 35 of the Contract Law, if the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. As far as the parties are concerned, they are nothing more than natural persons, legal persons and other organizations. When a natural person concludes a contract, the natural person who concludes the contract generally has to sign or seal it; When a legal person or other organization concludes a contract, it is generally signed by the legal representative of the legal person or the person in charge of other organizations or stamped with the official seal of the unit. There is no clear stipulation in China's contract law on what kind of seal legal persons and other organizations should affix. In reality, there are many kinds of official seals of legal persons and other organizations, including special seals for contracts, special seals for finance, administrative seals and official seals of various departments. Generally speaking, both the special contract seal and the administrative seal can be used as the contract seal. As for the effectiveness of the special financial seal and the official seal of each department, it depends on the specific situation. If only financial issues such as debt amount (inter-enterprise statement) are proved, then the financial seal is also valid.

It is worth noting that Article 23 of the Contract Law stipulates that signature or seal is an optional relationship, that is, signature or seal or both can be used. These three situations have the same significance for the establishment of the contract. When actually signing a contract, people often attach importance to the function and significance of stamping, and some even think that stamping is more important than signing, which is actually a misunderstanding. The use of the seal (namely, the seal) is equal to the signature of the seal owner (namely, the name of the seal), and the effectiveness of the seal is equal to the effectiveness of the signature.

The reason why the seal has the function of proof is that the seal can replace, can repeatedly replace the signature, and sometimes has the function of saving labor. Because the seal is easy to be forged, the nominal owner of the seal (that is, the owner of the seal with a name on it) is easy to be separated from the actual controller, so the probative force of the seal is essentially lower than that of the signature. More attention should be paid to signature in trading activities, because the certainty of the relationship between signature and signer is far greater than that between seal and signer. As long as the other party signs in person, the validity and probative force of his signature can be guaranteed to a considerable extent.

Second, is the contract valid only if the legal person signs it without an official seal?

The signature or seal of the parties to the contract is valid. The law does not stipulate that the contract signature must be combined with the seal to take effect. The legal representative exercises the right to conclude a contract on behalf of the enterprise. If the legal representative of the enterprise signs the contract but does not affix the official seal of the enterprise, the contract is usually valid.

However, if both parties clearly stipulate in the contract that the contract will take effect after being signed and sealed, then the contract has not yet taken effect if only the legal representative of the enterprise signs it but does not affix the official seal of the enterprise.

Third, how can we make the contract effective?

1, the parties to a contract have the corresponding ability to conclude a contract.

Capacity for civil conduct is the prerequisite for the validity of civil legal acts. A civil juristic act carried out by a person with no capacity for civil conduct or a person with limited capacity for civil conduct is valid only after ratification by his legal representative. The so-called capacity for contracting behavior refers to the legal qualification of civil subjects to independently conclude contracts and obtain civil rights or assume civil obligations through their own actions. Accordingly, minors over 65,438+08 years old, or minors over 65,438+06 years old but under 65,438+08 years old, have the right to conclude contracts with their own labor income as their main source of livelihood. Intermittent mental patients have limited capacity for civil conduct and do not have capacity for contracting behavior. Mental patients who can't identify their own behavior and minors under the age of 10 are persons with no capacity for civil conduct and cannot conclude contracts. However, a person with limited capacity for civil conduct or a person without capacity for civil conduct may conclude a pure benefit contract or a contract suitable for his age and intelligence. A legal person's capacity for civil conduct can only be limited to its approved and registered production, operation and business scope. Therefore, legal persons have the ability to conclude contracts within the scope of their production, operation and business.

2. The intention of the parties to the contract is true.

The so-called expression of will is an act that points to the outside and expresses willingness to have a certain legal effect. The expression of will is an element that constitutes a legal act. The true expression of will is one of the prerequisites for a valid contract. A contract concluded by one party due to fraud, coercion or gross mistake is often not a true expression of will, and it is an invalid contract or a revocable contract.

This contract does not violate the law or public interest.

The relevant legal basis for which seal is valid on the contract;

Article 35 Where the parties conclude a contract by contract, the place where both parties sign or seal is the place where the contract is established.

The above is what kind of seal is valid on the latest contract I compiled for you. To sum up, companies generally have official seals, financial seals and special seals for contracts. When signing a contract, you can use the official seal or the contract seal. The contract can be signed and sealed, and it becomes effective.

Does the name seal have legal effect? 1. Can I make my personal seal at will?

It is casual to carve the seal of one's own individual industrial and commercial households, which does not constitute a crime, and it is not illegal for individual industrial and commercial households to carve their own seals.

However, after completing the relevant formalities, you must go to the designated regular engraving shop to engrave the seal, otherwise the seal will be invalid. Engraving the official seals of other companies without permission is suspected of committing a crime. According to the criminal law, anyone who forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

criminal law

Article 280

Whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Second, what should I do if my corporate seal is lost?

After the official seal of an enterprise is lost, it is necessary to go to the company registration authority, that is, the original industrial and commercial department for the record at the first time, explain the theft of the official seal to the staff and ask for remedial measures. After accepting the case, the window staff should first report the loss in the newspaper and make the loss of the original corporate seal public, so that the legal problems caused by others using the official seal do not need to be borne.

After reporting the loss, go to the industrial and commercial window to continue the business. The staff will issue a certificate of loss reporting, and then use this certificate to go to the public security window to handle business. With the loss report statement issued by the industrial and commercial department, they go to the local government affairs hall to engrave the official seal of the enterprise for the record, and they will cancel the original official seal and give a new record certificate.

Through the public security record certificate, the new official seal of the enterprise will be engraved in the designated official seal engraving enterprise. The template of the new corporate seal also needs to be filed with the public security. After the new corporate seal is engraved, banks and finance and taxation departments should continue to go through the formalities of change. But legally speaking, there is no other risk at this time.

Personal seal is very important for individuals, because after printing personal seal, stamping the relevant documents means representing a behavior of the parties. Individuals should be able to engrave, but they should not engrave privately in violation of the law.

Does the name seal have legal effect? What is the significance of personal seal?

Precautions are as follows:

1, uniqueness

Personal seal varies from person to person, and should have its own personal seal style;

2. Print clearly

Personal seal is generally used in public places, and its effect is equivalent to personal signature, which needs to be clear and easy to recognize. The main fonts can be running script, official script and other fonts;

Step 3 use it correctly

Because the role of personal seal is to replace personal signature and need to bear corresponding responsibilities, it is best not to lend it and stamp it at will;

4, the right size

Customize seals with appropriate size according to their own use occasions and purposes;

5. Appropriate quantity

A person can have one or two public personal seals, but there is no requirement for collecting seals.

Seal and its classification:

1. Engraving is the production process of engraving some needed pictures and texts on seal materials by using tools (computers, engraving machines, etc.). ). Due to various needs, companies, schools, and signatures should be used, such as the school's student status management chapter and the academic affairs office chapter.

2. Companies will use the special seal for contracts when signing contracts, and the special seal for invoices when stamping invoices, including business seal, official seal, financial seal and legal representative seal, which are the most commonly used.

According to the purpose, it can be divided into public seal and private seal, corporate seal, artistic seal, personal and private seal, etc. According to the material, it can be divided into atomic seal, ink return seal, photosensitive seal, red rubber seal, natural horn seal, ivory seal, crystal seal, Huang Mu seal, roller seal, copper seal, steel seal and jade seal.