The relationship between signature and seal is optional, that is, the parties can sign without seal, seal without signature, or both.

When signing a written contract, you don't need to sign and seal it at the same time, because both the authorized signatory and the company seal represent the company and are company behaviors. If one party to the contract is a natural person, it only needs to sign or press the fingerprint. If one party to the contract cannot sign in person, its legally authorized personnel may sign on behalf of it within the scope of authorization; If one party to the contract is an enterprise unit, the signatory shall be the legal representative of the unit, or the legal representative and other personnel authorized by the unit shall sign on its behalf within the scope of authorization.

Second, the classification of signatures.

According to the nature of signature, it can be divided into legal person signature and natural person signature.

The signature and seal of the legal entity, the general official document is only stamped with the legal entity seal (official seal) at the end of the official document; Some official documents involving the responsibility of the legal representative must have the name and official seal of the unit, as well as the signature and private seal of the legal representative.

The signature of a natural person shall be personally signed in the name column of the document, and the private seal of the party concerned shall be affixed.

With the progress of the times, electronic signatures have gradually begun.

Because modern seals are engraved by computer, the probability of being forged increases correspondingly, and the single seal of a seal is also a mere formality, so it is often combined with handwritten signature. With the improvement of modern fingerprint analysis ability, some important contracts should be stamped with handprints in addition to signatures and seals. The signature at this time includes signature, seal and handprint.

1. Legal person signature Usually, official documents are only stamped with the legal person seal (official seal) at the end of the text; If some official documents involve the duties of the legal representative, in addition to the name and official seal of the unit, there must also be the signature and personal seal of the legal representative;

2. The signature on the bill means signature, seal or signature plus seal. The signature of the legal person or other organization that uses the bill shall be the signature of the legal person or other organization plus the signature of its legal representative or its authorized agent. The signature on the bill of exchange shall be the real name of the party concerned;

3. The company seal needs to be filed. A legally established company shall issue a certificate to the Public Security Bureau with its business license and tax registration certificate issued by the company registration authority, engrave its seal and go through the filing formalities. The company seal has legal effect, and the contract concluded by the company using the company seal is binding on the company.

legal ground

People's Republic of China (PRC) negotiable instrument law

Article 4 Acts, rights and liabilities of negotiable instruments When making negotiable instruments, the drawer shall sign and seal the instruments according to legal conditions, and bear the liabilities of the instruments according to the recorded items.

When exercising the rights of a negotiable instrument, the holder shall sign the instrument in accordance with legal procedures and produce the instrument.

Other bill debtors who sign the bill shall bear the bill liability according to the items recorded in the bill.

The bill right mentioned in this Law refers to the right of the holder to demand the debtor of the bill to pay the bill amount, including the right of claim for payment and the right of recourse.

The bill liability mentioned in this Law refers to the obligation of the debtor of the bill to pay the amount of the bill to the holder.

Article 5 The parties to a bill may entrust an agent to sign the bill and indicate the agency relationship on the bill.

If the signer signs the bill in the name of an agent without a power of attorney, the signer shall bear the bill liability; Where an agent exceeds the agency authority, he shall bear the bill liability for the part beyond the authority.

Article 7 The signature on a negotiable instrument includes signature, seal or signature and seal.

The signature of the legal person or other organization that uses the bill shall be the signature of the legal person or other organization plus the signature of its legal representative or its authorized agent.

The signature on a bill of exchange shall be the real name of the party concerned.

Article 9 The particulars recorded in a negotiable instrument and its changes must conform to the provisions of this Law.

The bill amount, date and payee name cannot be changed, and the changed bill is invalid.

Other matters recorded on the bill may be changed by the original recorder, and the change shall be certified by the original recorder.

People's Republic of China (PRC) labor contract law

Article 16 Entry into force of a labor contract The labor contract shall come into force after the employer and the employee reach an agreement through consultation, and the text of the labor contract shall be signed or sealed by the employer and the employee.

The text of the labor contract is held by the employer and the employee respectively.

People's Republic of China (PRC) Civil Code

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Article 491 The parties entered into a contract in the form of data messages. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed.

If the information of a commodity or service released by one party through information networks such as the Internet meets the conditions of the offer, the contract is established when the other party successfully selects the commodity or service and submits the order, unless otherwise agreed by the parties.