Research On The Legal Validity Of The Seal Of The Company

The effectiveness problems of the company’s seal related to security and stabilityof the transaction, and affect the distribution of benefits between the different actors.Search our laws, involves the legal norms of the seal of the company represent a smallproportion of the entire legal system, which is frequently used in practice withcompany seal company seals and cause dissension in sharp contrast. Therefore,research on the legal validity of the seal of the company has great theoretical andpractical significance. Our country’s seal system derived from the feudal society’sofficial stamp culture, which resulting from the date has the characterization of theeffectiveness. After entering the company organization, the characterization of theseal’s effect exists in every aspect of corporate actions. In the present of the companyseal effect problems, because of China’s legal representative system’s malpractice, thecustodian institution of seal is not clear and the company’s seal is used withmanagement problems in questioning the seal of corporation’s value. Especially in theera of modern science and technology is highly developed, the development ofinternational trade and electronic communications makes use of seal is difficult forcontinued. In the world, based on the supremacy of the interests of habit, benefits firstand the concept of trade safety guarantee, the seal of the company has basically beenentitled representative or agent behavior of individual signature replaced. Currentlythe phenomenon of conflict between the company seal and corporate intention mainlydisplays in: the original on the board of directors of the seals, and the company’s sealabuse, the company’s seal stolen, the company’s seal be forged, and our country lawto provide alternative relief way is not perfect. Therefore, we must establish the sealof the company related institutions. Such as: the natural person’s signature instead ofthe seal of the company, deal with the relationship between the company and the seal,establish suitable for China’s national conditions of system, limit the power of thelegal representative, the implementation of the company governance structure,establish director representative system, relaxing natural person signature system,strengthen the management of seal.