Current location - Quotes Website - Signature design - Can the general manager sign the contract on behalf of the company?
Can the general manager sign the contract on behalf of the company?
Yes, but you need to read the contract clearly. If the general manager is the legal representative of the company, he can of course sign the contract on behalf of the company. If the general manager is not the legal representative of the company, he needs the authorization of the company to sign the contract. In accordance with the provisions of the law or the articles of association of the legal person, the person in charge of civil activities on behalf of the legal person is the legal representative of the legal person. The legal consequences of the legal representative's civil activities in the name of a legal person shall be borne by the legal person.

Legal analysis

It is usually signed by the legal representative. If the legal representative is unable to sign for some reason, a power of attorney can be issued and signed by the authorized person. The power of attorney has the same legal effect as the signature of the legal representative. First, the meaning of "legal person" and "legal representative" should be distinguished here. Legal person generally refers to institutions or units, such as companies are legal persons; The legal representative generally refers to the principal responsible person of an institution or unit, for example, the chairman of the company is the legal representative of the company. So the "legal person" mentioned in your question should be the "legal representative of the legal person". Secondly, in addition, it is necessary to distinguish the concepts of "authorized person", "authorized person", "agent" and "principal". In these four words, the meaning of transferee and principal is similar, that is, the person who originally owned the right and is now exercised by others; The meaning of the authorized person is similar to that of an agent, that is, a person who originally had no rights and now accepts the entrustment of others to temporarily exercise their rights; However, the agent and the principal are legal terms, while the authorizer and the authorized person are not. So the "authorizer" you mentioned in your question should be the "agent", that is, the person who accepts the authorization. Third, generally speaking, when signing a contract, the signature of the legal representative or one of the agents has legal effect; If two people sign at the same time, it is also legally binding.

legal ground

Company Law of the People's Republic of China

Article 13 The legal representative of a company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.

Article 14 A company may set up branches. The establishment of a branch company shall apply to the company registration authority for registration and obtain a business license. A branch company does not have legal person status, and its civil liability shall be borne by the company. A company may set up subsidiaries, which have legal personality and independently bear civil liabilities according to law.

People's Republic of China (PRC) Civil Code

Article 163 Agency includes entrusted agency and legal agency. An entrusted agent shall exercise the power of agency as entrusted by the principal. A legal agent shall exercise his power of agency in accordance with the provisions of the law.

Article 165 If the power of attorney is in written form, it shall specify the name of the agent, the matters to be represented, the authority and the time limit, and shall be signed or sealed by the principal.