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The difference between filing and not filing a legal person’s private seal

Legal analysis: The legal representative’s name seal is the name and signature of the legal representative of the enterprise, referred to as the “legal person’s name seal” or “legal person seal”.

In order to improve the level of seal management, prevent and crack down on illegal activities such as illegal engraving and forgery of seals, maintain the normal economic order of society, and protect the legitimate rights and interests of enterprises, Shenzhen City has included the name seal of the legal representative in the public security agency record management among the list. This is also a necessary measure to adapt to the diversified development of modern social economy, the diversified trend of legal and people's commercial activities, and to further strengthen the protection of the rights of legal persons.

The actions of the legal representative represent the actions of the legal person. In specific civil activities, the legal representative performs his duties by signing or affixing his name and seal. The seal has the same effect as a signature and is more convenient than a signature. A legal person's name seal registered with the Ministry of Public Security has the same rights as an official seal.

Legal basis: Article 490 of the "People's Republic of China and Civil Code" Where the parties conclude a contract in the form of a contract, the contract is established when both parties sign, seal or fingerprint. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it.

Laws and administrative regulations or the parties agree that a contract should be concluded in writing. If the parties do not use writing but one party has performed its main obligations and the other party accepts it, the contract is established.