I. Legal effect and use of signature
Signature means that the person in charge of an individual or representative unit personally writes his name on the document to show his approval of the contents of the document. Signature has obvious personal characteristics and can directly reflect the true will of the signer. In the contract, signature is the most common way of signing, which represents the signatory's commitment and acceptance of the contract content. Signature has legal effect. Once signed, the signatory needs to perform relevant obligations according to the contract.
Second, the legal effect and use of the seal
Stamping is usually stamped on the document with the official seal or special seal of the unit to show the unit's approval of the content of the document. Stamping has the characteristics of the unit and can represent the overall will of the unit. In the contract or legal document involving the rights and interests of the unit, in addition to the signature of the person in charge, it is often necessary to affix the official seal of the unit to prove that the behavior is a unit behavior rather than an individual behavior. Stamping also has legal effect. Once sealed, the unit needs to bear corresponding legal responsibilities.
III. Selection of signature and seal and matters needing attention
When choosing signature or seal as the signature method, it should be carried out according to the contract or legal provisions. For contracts between individuals, signature is usually chosen; The contract involving the unit requires the official seal of the unit in addition to the signature. In addition, the following points should be noted when signing:
1. Ensure that the signatory has the corresponding authority and qualification, and avoid the occurrence of unauthorized agency or unauthorized agency;
2. Ensure that the contents of the signed documents are true, legal and valid, and avoid signing invalid or illegal documents;
3. When signing, carefully check the contents of the document to ensure that it is correct before signing;
4. After signing, the signed documents shall be properly kept for inspection.
To sum up:
Signature can be signature or seal, depending on the contract or legal provisions. Both signature and seal have legal effect, but they should be chosen according to the specific situation. When signing a contract, ensure that the signatory has the corresponding authority and qualification, and the contents of the document are true, legal and effective, and carefully check before signing.
Legal basis:
Contract law of the people's Republic of China
Article 32 provides that:
If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.
People's Republic of China (PRC) electronic signature method
Article 3 provides that:
In civil activities, the parties may agree to use or not use electronic signatures and data messages in contracts or other documents, vouchers and other documents.
A document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message.
Regulations of People's Republic of China (PRC) Municipality on Seal Management
Article 25 provides that:
No unit or individual may illegally make and use seals. In violation of the provisions of the preceding paragraph, the public security organ shall impose a fine of two thousand yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.