1. Does the power of attorney have to be signed by a legal person?

The power of attorney of the company needs to be signed by a legal person. The power of attorney of the company belongs to the general entrustment contract. If the company authorizes someone or an organization to handle the company's affairs on its behalf, it needs the signature of the legal representative and the official seal of the company to take effect. If it is a power of attorney issued by the unit, it needs to be stamped with the official seal and signed by the legal representative to take effect. The official seal of the enterprise can represent the company's behavior. If the company sends a non-legal representative to sign the contract, the other party must provide the power of attorney given by the company to avoid disputes arising from unclear authorization.

ii. representativeness of official seal and legal person's signature

when there is a conflict between the legal representative's intention and the company's seal, the legal representative's intention shall prevail in principle. The legal representative of a legal person is the legal representative subject of the company's will, and engages in certain acts in the name of the company. The rights and obligations arising therefrom belong to the company, and the company bears legal consequences. Therefore, when the meaning of some documents stamped with the company's seal is inconsistent with the meaning of the legal representative, if the company's articles of association or authority do not make clear restrictions, the meaning of the legal representative shall prevail according to the principle of autonomy of the company's will.

iii. legal effect of legal person's signature

if a contract is only stamped with the official seal of the company, it shall be deemed that the contract has the effect of representing the company. Unless otherwise specified by law, the signature of the legal representative and the seal of the company are not required at the same time for a contract to take effect. As long as the counterpart is in good faith, the seal of the company is true, and the seal of the company is enough to convince the counterpart that the holder has the power of agency in most cases, the contract shall be deemed to take effect. Only when the company's articles of association or the parties clearly agree in the contract that "signature and seal" are required, the signature and seal must be available at the same time to be legally binding.

if the legal representative signs the contract but does not affix the official seal, it is necessary to confirm that the legal representative conducts activities in the name of the company before it can be regarded as the company's behavior; If the legal representative uses his position to seek benefits for himself, such as repaying his personal debts with the company's property or using the company's name for his own benefit, it is not considered as a company act but should be considered as an unauthorized representative act; At the same time, even if the legal representative's intention exceeds the authority, unless the counterpart knows or should know that his intention exceeds the authority, the legal representative's intention should be taken as the legal person's intention, and the signature also represents the company's will.

the power of attorney requires the signature of the legal person, which is not only to enable other members of the company other than the non-legal representative to express their intention instead of the company, but also to facilitate the identification of the company's true intention expression in case of contract disputes. Legal objectivity:

Article 161 of the Civil Code: Scope of application of agency. A civil subject may carry out civil legal acts through an agent. In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be carried out by themselves shall not be represented.