First, the difference between the official seal and the contract seal
The official seal is generally the seal of the unit to handle internal and external affairs. Official letters, documents and reports of the company are stamped with official seals, and documents stamped with official seals have legal effect. The contract seal is a special seal for signing a contract, and both of them have the same effect when signing a contract, as long as they are true.
Second, the effectiveness of the company seal and the company contract seal
Legally speaking, there is no difference between the official seal of the company and the special seal for company signing. In addition to the official seal, the company also engraved the special seal for the contract for the following reasons:
1, because the official seal of the company and the special seal of the company contract are different in use and management.
First, their management departments are different. The management department of the company's special seal for contract is generally the legal department, and the management department of the company's official seal is generally the company's comprehensive management department.
Second, the scope of use and effectiveness are different. The special seal of the company contract is dedicated to the signing of the contract, and its effect is limited to the signing of the contract. The official seal has the function of representing the company. In addition to signing contracts, it can also involve all affairs of the company, such as documents, notices, certificates, etc., and has administrative functions.
2. Because the company's contract work is routine and professional, using the special seal for contract can realize special contract management and better control contract risks.
Therefore, when a company signs a contract, it can affix a special seal for the contract, and make the contract come into effect through the examination of legal department personnel, effectively prevent the contract from coming into effect directly without legal examination, better establish and improve the contract hedging system, and strictly control the legal risks when signing the contract.
Legal basis: Article 16 of the Regulations on the Administration of Registration of Enterprise as a Legal Person in People's Republic of China (PRC), an enterprise shall be established after the unit applying for industrial and commercial registration of enterprise as a legal person has been approved and registered by the registration authority and obtained the Business License of Enterprise as a Legal Person. An enterprise as a legal person can engrave the official seal, open a bank account, sign a contract and carry out business activities with the Business License for Enterprise as a Legal Person.
The registration authority may issue a copy of the business license of an enterprise as a legal person according to the business needs of the enterprise as a legal person.
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.