Personal seals generally do not need to be filed. If you sign an agreement with banks and other relevant units, you can keep the bottom as needed to prevent fraudulent use, and there is no problem of filing.
However, due to management needs, some units may require employees' personal seals to be filed in their management departments, such as the personal seals of bank tellers, which need to be filed in their transportation management departments.
Does the company contract chapter need to be put on record?
The specific procedures for using the special seal for contract filing are as follows:
1. Your company will copy your business license first.
2. Then, after the person in charge of your unit takes a copy of the business license to the public security bureau at or above the county level for the record, your unit can engrave the official seal.
3. After engraving the official seal, the person in charge of your company will prepare the official seal, a copy of the business license and a copy of the tax registration certificate, and after filing with the Public Security Bureau, your company can engrave the special seal for the contract.
Moreover, the engraving of the special seal for the contract must be filed with the public security organ, and if it is not filed, it will be impossible to safeguard its own rights and interests when there is a dispute over the authenticity of the seal.
The legal recognition significance of the company's special seal for contract: for both parties to the contract, the special seal for contract is stamped on the contract, which indicates the completion of the offer and acceptance stage of the two parties to conclude the contract, and the final confirmation of the rights and obligations of both parties, thus confirming that the contract is legally binding on both parties through negotiation, and the parties should exercise their rights and perform their obligations according to the contract. In this regard, Article 32 of the Contract Law of People's Republic of China (PRC) clearly stipulates that if the parties conclude a contract in the form of a contract, it shall be established when both parties sign or seal it.
First, the official seal is generally the seal of the unit to handle internal and external affairs. Official letters, documents and reports issued by the company to the outside world shall be stamped with official seals, and documents stamped with official seals shall have legal effect.
B, the contract seal is a special seal for signing a contract, both of which have the same effect when signing a contract, as long as they are true.
C 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.
D. What are the procedures for engraving the official seal, special seal for contract and special seal for finance, and what certificates do you need to bring?
1, with a copy of tax registration certificate, a copy of business license, legal person ID card and official seal.
2. Go to the public security bureau for registration. After the public security bureau issues the certificate, go to the designated place to engrave the seal! -need the original and copy!
The official seal is the most effective of all seals and a symbol of legal person's rights. In the current legislative and judicial practice, it is an important criterion to judge whether a civil activity is established and effective. Unless there are special provisions in the law (such as stamping invoices), the official seal can represent the will of legal persons and sign contracts and other legal documents with high legal effect. All letters, official documents, contracts, letters of introduction, certificates or other company materials issued in the name of the company can use the official seal. Letter of introduction and contract with official seal are legal documents to express the company's intention. In legal practice, the actor who holds the above legal documents will generally be regarded as the agent of the company (that is, the authorized representative). The legal consequences of the civil legal acts carried out by the agent in the name of the company within the scope of agency authority shall be borne by the company.
The company seal is only used for limited purposes, such as tax declaration, issuing checks, etc. Legally speaking, stamping is the behavior of a legal person, not a natural person; A document signed by a representative in his own name and stamped with the seal of a legal person can be regarded as an official act, not a personal act of the signatory. If the seal owner gives the seal to others for use based on his own will, which has the legal effect of giving others the power of attorney, the seal owner must bear the responsibility of expressing will.
The function of the special financial seal is to handle unit accounting and bank settlement.
Special seal for invoices, used by the company when issuing invoices.
Special seal for contract, which is used by the unit when signing the contract, can represent the unit within the scope of signing and bear the rights and obligations arising therefrom; The official seal can replace the special seal for the contract.
Link: the difference between contract seal and official seal
Measures for the administration of seal filing?
Measures of People's Republic of China (PRC) Municipality on Seal Management
Article 1 In order to strengthen the public security management of seals and prevent and crack down on illegal and criminal activities, these Measures are formulated in accordance with the Provisions of the State Council on the Administration of Seals of State Administrative Organs, Enterprises and Institutions and the relevant provisions of the state.
Article 2 These Measures shall apply to the seal engraving, filing, alteration, cancellation and other management activities of state power, party and government, judiciary, participating in and discussing state affairs, army, armed police, democratic parties, trade unions, Communist Youth League, women's federations and other organs, organizations, enterprises and institutions, non-governmental organizations registered by civil affairs departments, neighborhood committees and various non-permanent institutions.
Article 3 The term "seal" as mentioned in these Measures refers to the official seal and personal seal with legal effect.
The term "official seal" as mentioned in these Measures refers to the legal names of state power organs, party and government organs, judicial organs, organs participating in and discussing state affairs, armed forces, armed police, democratic parties, trade unions, Communist Youth League, women's federations and other organs, organizations, enterprises and institutions, civil affairs departments and registered non-governmental organizations, neighborhood committees, deliberation and coordination institutions and non-permanent institutions, as well as special seals for contracts, finance, taxation, invoices and other businesses with legal names.
The term "personal seal with legal effect" as mentioned in these Measures refers to the seal of the legal representative of state power, party and government, judiciary, participating in and discussing state affairs, army, armed police, democratic parties, trade unions, * * Communist Youth League, women's federations and other organs, organizations, enterprises and institutions, civil affairs departments registered civil organizations, neighborhood committees, deliberation and coordination institutions, non-permanent institutions and the person in charge of their financial departments.
Article 4 Public security organs shall follow the principles of legality, fairness, openness, timeliness and convenience, and implement the territorial management of seals; Establish and improve the management responsibility system to ensure the safety and standardization of seal management and scientific information.
Chapter II Seal Management
Article 5 It is forbidden for any unit or individual to buy or sell seals, and it is forbidden to make or use seals illegally.
Article 6 The seals of state power, party and government, judiciary, political participation, armed forces, armed police, democratic parties, the Communist Youth League, trade unions, women's federations and other organs and organizations shall be issued in accordance with relevant state regulations.
Article 7 Where the organs and organizations of state power, party and government, judiciary, political participation, armed forces, armed police, democratic parties, the Communist Youth League, trade unions, women's federations, etc. at all levels need to engrave seals, the seal management department of the issuing organ shall issue an official letter and go through the filing formalities with the public security organ of the local people's government at or above the county level.
The public security organ of the people's government at or above the county level shall immediately handle and issue an accurate engraving certificate.
Article 8 Where an enterprise, institution, non-governmental organization, village (neighborhood) committee, deliberation and coordination institution or non-permanent institution registered by the civil affairs department needs to engrave its seal, it shall apply to the public security organ of the local people's government at or above the county level for quasi-engraving formalities with the engraving certificate issued by the superior competent department and the approval text of the establishment of the unit.
If there is no superior competent department, it shall apply to the local public security organ at or above the county level for quasi-engraving procedures with the business license, the registration certificate issued by the registration management department or the certificate issued by the local police station.
The handling personnel who handle the quasi-engraving procedures must hold the entrustment certificate of the engraving unit and my identity certificate; When going through the formalities of quasi-engraving the name stamp, the identity certificate of the name stamp should be provided at the same time.
The public security organ of the people's government at or above the county level shall, within three working days from the date of accepting the application, make a decision on whether to issue the quasi-engraving procedures. To meet the conditions, issue a certificate of accurate engraving; Do not meet the conditions, notify the applicant in writing and explain the reasons.
Article 9 If it is necessary to engrave the seals of other provinces, cities and counties (districts), the public security organ at the same level at the place where the engraving is made shall go through the formalities of quasi-engraving with the certificate issued by the public security organ at or above the county level where the unit is located and the relevant application materials.
Tenth units that need to engrave seals shall go to the engraving units approved by the public security organs for engraving; The engraving unit shall register the engraved seal with the public security organ before using it.
Eleventh need to change the seal, the original seal must be declared invalid, and in accordance with the provisions of Article 7 and Article 8 of these measures to re-apply for filing or quasi-engraving procedures.
If the seal is lost, robbed or stolen, it shall report to the public security organ that has filed or approved the engraving, and after declaring it invalid in the form of an announcement, it shall go through the formalities of filing or quasi-engraving again in accordance with the provisions of the preceding paragraph.
Twelfth seal specifications, styles, seals and materials in accordance with the relevant provisions of the state.
Where regional ethnic autonomy is practiced, Chinese characters and corresponding ethnic languages can be published in parallel with engraving.
The seal may not be published in a foreign language alone, but both Chinese and foreign languages can be published at the same time because of work needs.
Units that need to engrave seals in Chinese and foreign languages shall, in addition to holding the certificates and documents specified in Article 8 of these Measures, also submit a written application to the public security organs of the people's governments at or above the prefecture level for quasi-engraving procedures.
Thirteenth units that need to engrave seals can only apply for engraving seals with their legal names.
The need for engraving overprint and steel seal shall be handled in accordance with the provisions of Articles 7, 8, 9 and 10 of these Measures.
Fourteenth enterprises and institutions, civil affairs departments registered non-governmental organizations and their coordination agencies and non-permanent institutions to implement the annual inspection system.
Fifteenth after the seal is stopped, the user shall return all the seals to the higher authorities or the registration authority for safekeeping within ten days; Failing to pay within the time limit shall be confiscated by the superior competent department or the registration authority. The competent department at a higher level or the registration administration organ shall register the returned and confiscated seals, and submit them to the public security organ for filing or approval for engraving within ten days.
The public security organ shall keep the returned and confiscated seals for two years. If there are no special circumstances, it should be destroyed after the storage period expires.
Article 16 seals with historical significance that need to be preserved for a long time shall be submitted to the public security organs of provinces, autonomous regions and municipalities directly under the Central Government by the collection and preservation institutions and announced. After approval, it shall not be destroyed, and shall be collected and preserved by the applicant.
Chapter III Management of Seal Business Units
Seventeenth units engaged in seal business as mentioned in these Measures shall meet the following conditions:
(1) Having a fixed business place;
(2) The business premises and facilities conform to the national regulations on fire control and public security management;
(3) The business operators and employees have no record of fraud, fraud, forgery of seals and other illegal and criminal acts;
(four) in line with the public security organs seal security management information system qualification conditions;
(five) a sealed workshop and finished product storage warehouse.
Eighteenth seal business units shall not subcontract the seal business to others.
Article 19 Whoever engages in seal engraving shall abide by the following provisions:
(a) should check the record certificate issued by the public security organ or accurate engraving;
(2) Register the name of the entrusted seal, the name of the legal representative or person in charge, the name of the agent and the number of the citizen's ID card, and register the name, style, specification and quantity of the seal item by item according to the regulations, and keep it for five years for inspection;
(3) Designate a special person to undertake the seal business, keep the prepared seal and destroy the invalid seal blank;
(four) seals that have not been collected for more than three months shall be registered and sent to the public security organ that originally filed or approved the engraving;
(5) Report the seal making to the local public security organ before 10 every month.
Twentieth engaged in seal business should be carried out in the approved fixed place.
Article 21 The legal representative or person in charge of the seal business unit is the first person in charge of public security of the unit, and is responsible for the public security prevention work of the unit:
(a) education practitioners consciously abide by national laws and regulations;
(two) to formulate and implement various public security management systems and preventive measures;
(three) to supervise the employees to conscientiously implement the inspection, certification and registration of engraved seals;
(four) timely rectification of public security hidden dangers found by public security organs;
(five) found altered, forged transcripts or accurate proof and other suspicious cases and clues, timely report to the public security organs.
Twenty-second wholly foreign-owned, Chinese-foreign cooperation and Chinese-foreign joint ventures shall not engage in the seal business as stipulated in these Measures.
Twenty-third public security organs shall supervise and inspect the seal business units and perform the following duties:
(a) to supervise and inspect the units engaged in the seal business on a regular basis, and to rectify the hidden dangers of public security within a time limit;
(two) found suspicious circumstances or clues to the case, investigated and dealt with according to law;
(three) to investigate and deal with the illegal business activities of the seal business unit according to law.
Chapter IV Punishment
Twenty-fourth in violation of the provisions of article fifth of these measures, illegal production or use of seals, in addition to the collection of illegal seals, and impose a fine of more than two thousand yuan and ten thousand yuan; If there are illegal gains, the illegal gains shall be confiscated.
Whoever buys or sells seals shall be punished in accordance with the provisions of the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-fifth in violation of the provisions of Article 7, Article 8, Article 10, Article 11 of these measures, without filing or quasi-engraving procedures, given a warning, the deadline for completing; If the seal is not processed within the time limit, it will be invalid and confiscated by the public security organ, and the entrusted engraving unit will be fined more than 2,000 yuan 1 10,000 yuan, and the directly responsible person in charge and the directly responsible person will be fined more than 200 yuan 1000 yuan.
Article 26 Whoever, in violation of the provisions of Article 12 and Article 13 of these Measures, engraves a seal in a foreign language or a seal in a Chinese or foreign language without authorization, or engraves a seal with the legal name of two or more units in violation of the provisions, shall confiscate the illegally engraved seal and impose a fine of more than 2,000 yuan 1 10,000 yuan.
Twenty-seventh in violation of the provisions of article fourteenth of these measures, overdue or not examined, a fine of more than one thousand yuan to five thousand yuan.
Article 28 Whoever, in violation of the provisions of Article 18 of these Measures, subcontracts the seal business to others for operation, shall confiscate the illegally made seal, cancel its business qualification and impose a fine of more than 2,000 yuan 1 10,000 yuan; If there are illegal gains, the illegal gains shall be confiscated.
If a unit violates the provisions of the preceding paragraph, it shall be punished in accordance with the provisions of the preceding paragraph, and the directly responsible person in charge and other directly responsible personnel shall be fined above 200 yuan 1000 yuan.
Twenty-ninth in violation of the provisions of article nineteenth of these measures, the contractor shall be fined between one thousand yuan and five thousand yuan; If the circumstances are serious, a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed.
And impose a fine of more than 200 yuan and less than 1,000 yuan on the directly responsible person in charge and other directly responsible personnel.
Thirtieth in violation of the provisions of the provisions of article twentieth, a fine of two thousand yuan and ten thousand yuan, and shall be banned.
Thirty-first in violation of the provisions of article twenty-first, the legal representative or person in charge of the seal business unit shall be given a warning and fined by 500 yuan.
Article 32 Whoever forges a seal as stipulated in these Measures, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Thirty-third people's police of public security organs in the seal supervision and management of dereliction of duty, abuse of power, corruption, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Thirty-fourth "seal" style by the Ministry of public security unified formulation.
Article 35 If a seal contains confidential information, it may be kept by the seal issuing unit.
Article 36 These Measures shall be interpreted by the Ministry of Public Security and shall come into force as of the date of promulgation.
What kind of name seal has legal effect?
The seals of the legal person and financial personnel of the unit have legal effect after filing.
When an enterprise opens an account in a bank, it needs the seal reserved by the bank, that is, the financial seal and the seal of the legal representative (or its authorized person) (commonly known as "small seal"). The seal should be stamped on a piece of card paper and left in the bank. When an enterprise needs to make external payment through a bank, it must first fill out an application for external payment, which must be like a seal. After checking, the bank can make payment on behalf of the enterprise after confirming that the seal on the application for external payment is consistent with the reserved seal.
Can an individual apply for a seal?
Individuals can apply for seals, and they can engrave personal seals without going through any formalities in any department. Personal seals are not official seals, so there are not so many requirements.
If the personal seal is very important, you can go to the seal filing management office of the local public security organ to apply for filing and engraving the personal seal, which is not mandatory.
There are five main types of seals,
(1) Official seal, which is used for the company's external affairs. External affairs such as industry and commerce, taxation and banking need to be stamped with official seals;
(2) Special financial seal, which is used to issue company bills. When a check is issued, it needs to be stamped, usually called a bank seal;
(3) Special seal for contract, as the name implies, usually needs to be stamped when the company signs the contract;
(4) Seal of legal representative: used for specific purposes, the company should also affix this seal when issuing bills, which is usually called the seal of small bank;
(5) Special seal for invoices, which needs to be stamped when the company issues invoices.