On Representation Validity Of The Company's Seal

The company seal culture has a long history in our country,and the use of seal is also universal in the commercial practice of our country.For the legal status and effectiveness of the seal,the provisions of the existing laws are not rich enough.Most commercial practices are based on trading habits.But it is the lack of legal provisions perfection that lead to various complicated and difficult transactions in the local practice.Different courts have different understanding and ideas about the conditions and effectiveness of the seal,thus affecting transaction safety and judicial credibility.First of all,we need to make clear that the company seal is the same as the legal representative of the company can express and convey the meaning of the company,and the company seal is a tool for external representative of company.Secondly,there are three requirements for the use of company seal to achieve the effect of representing the company's external will: use the seal method to conform to the specification,seal user with external executive authority,the seal used is real and effective.Thirdly,in some special cases,how to identif y the effectiveness of the company seal: Specifically,first,there are several types of situations,such as separate signature by agreement,combination of seal and signature by agreement or law,but in fact only affixed with the seal of the company as a means of transaction mode,in this special situations do not satisfy the the standard of the use of seals,analyzing the actual meaning effect of the parties is cruical,and the effect in violation of the law to determine the effect of the use of the seal of the company.Second,when the execution of affairs of the company who do not have the appropriate authority to use the seal of the company involved in commercial transactions,so it needs to be divided into different executive legal representative,agent,non-authorized agent situations,combined with the terms of reference and apparent agency rules to identify.Third,if the company seal itself is not standardized,the validity of the official seal must be based on the company's real intention and the apparent agency rules to be identified.