The special seal for the contract used by the unit when signing the contract can represent the unit within the scope of signing, and the unit shall bear the rights and obligations arising therefrom; The official seal can replace the company's special seal for contract. All letters, official documents, contracts, letters of introduction, certificates or other company information sent in the name of the company can use the official seal.
The special seal for contract focuses on the special attributes of the contract, which only produces the effectiveness of the signing and establishment of the contract, and an effective contract produces rights and obligations on the contractual binding matters.
The official seal refers to the seal used by organs, organizations, enterprises and institutions. Because the Ministry of Public Security has not made uniform provisions on the engraving procedure, the provisions on the engraving procedure vary from place to place. According to the different types of seals, the procedures are different.
Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded 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.
Article 493 Where a contract is concluded by the parties in the form of a contract, the place where the contract is finally signed, sealed or fingerprinted is the place where the contract is established, unless otherwise agreed by the parties.