Answer: The contract need not be stamped.
According to the law, as long as both parties have corresponding civil capacity, the content of the contract conforms to the law, the meaning of both parties is true and confirmed by both parties, the contract has legal effect.
As for the way for both parties to confirm the contract, it can be signed and sealed by both parties or signed by a person with power of attorney, and there is no need to seal it.
Of course, if the party is a company, it is best to stamp the official seal of the company to avoid disputes in the future.
Can I place an order only if the person in charge signs it?
Any contract must be signed or sealed by the person in charge, unless both parties have special requirements. In principle, the personal seal of the responsible person cannot replace the official seal of the company. According to Article 9 of the Contract Law of People's Republic of China (PRC), when concluding a contract, the parties shall have corresponding capacity for civil rights and capacity for civil conduct. The parties may entrust an agent to conclude a contract according to law.
Article 32 If the parties conclude a contract by contract, the contract shall be formed when both parties sign or seal it. Generally speaking, companies can sign contracts in the following ways:
Only the company seals, and no one signs on behalf of the company. Because a company's administrative seal and contract seal can completely represent a company, a contract or agreement stamped with the company seal is enough to be considered as the true expression of the company.
Only the legal representative signs, and there is no unit seal. Although only the legal representative or person in charge has signed it, but the seal of the unit is not stamped, as long as the legal representative or person in charge of the unit has registered in the relevant registration, it has publicity power. The act of signing relevant contracts and agreements on behalf of the unit shall be regarded as the act of the unit, and the unit shall bear civil liability for it.
Only the department head signs, but no unit seals. Generally speaking, the department head of a unit is appointed by the company and will not be displayed in the registration information, so there is no publicity effect. Of course, the signature behavior of department leaders cannot represent the unit. If their signature behavior needs to be effective for third parties, they must obtain special authorization.
The signed contract or agreement shall be valid only if it is stamped with the official seal of the unit and signed by the legal representative or person in charge.
The contract or agreement sealed by the unit and signed by the department head or representative is valid.
There is no unit seal and no signature. In practice, this may happen. Although both sides drafted the contract and signed it with each other, neither of them signed and sealed it. One party has fulfilled the main obligations of the contract, and the other party has accepted the performance of the other party, so the contract should be established and take effect, but the effectiveness of the contract is actually based not on the written contract itself, but on the performance of both parties.
Do I need to be stamped by both parties every time I place an order? The above summarizes the effectiveness of orders and contracts in so many cases. In a word, if you want the order and contract to be perfect, you must sign and seal it. If the official seal cannot be affixed under special circumstances, it is ok for the legal person to sign, and the person in charge should be authorized to sign. Neither depends on the essence.