Legal analysis
The effect of the special seal for contract and the official seal is actually the same in the use process and judicial practice, and has the same legal effect as contracts and agreements. There is a difference between a special seal for a contract and an official seal. 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. Special seal for contract refers to the behavior that the parties to a contract affix their respective special seals for contract on the written contract reached through consultation. Special seal for contract needs daily operation, and the official seal can't be used casually, so there is a special seal for contract, which can't be used elsewhere. The special seal for contract needs to be put on record, because if it is not put on record, when the authenticity of the seal is disputed, its rights and interests will not be protected. The legal significance of the company's special seal for contract lies in that both parties affix the special seal for contract to the contract, indicating that the offer and acceptance stage of the contract has ended and the rights and obligations of both parties have been finalized, thus confirming that the contract was determined by both parties through consultation. It is legally binding on both parties, and both parties should exercise their rights and perform their obligations as stipulated in the contract.
legal ground
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.