The official seal is an important certificate for enterprises, agencies, groups and other organizations in the conduct of business activities, with legal effect, in the process of using the official seal, there may be damage, loss, etc., resulting in the need to replace the official seal, the official seal is damaged and replaced need to be reported? This article will elaborate on the following aspects.
Legal provisions for the replacement of damaged official seals
According to Article 14 of the Regulations on the Administration of Official Seals of the People's Republic of China, "the unit using the official seal shall properly keep the official seal to prevent the official seal from being lost, stolen, damaged or used without authorization, and if the official seal is damaged, it shall be replaced in a timely manner." It can be seen that the official seal needs to be replaced in time after it is damaged.
Article 15 of the Regulations on the Administration of Official Seals stipulates that: "If the official seal is replaced, the original official seal shall be invalidated, and the original official seal shall be filed with the original registration authority within five days after the replacement, and the original official seal shall be handed over to the original registration authority for destruction." "There is no explicit requirement that the official seal be changed in the newspaper.
The relationship between the loss and replacement of the official seal and the newspaper
In practice, the replacement of the official seal after the loss usually needs to be published in the newspaper, because the loss of the official seal may lead to the unauthorized use of the official seal by others, bringing unnecessary trouble to the official seal user, and the newspaper statement can inform the public that the original official seal has been invalidated to prevent others from maliciously using it.
The replacement of damaged official seals usually does not lead to malicious use of official seals by others, and the replacement of damaged official seals does not necessarily need to be reported.
Policies vary from region to region
It should be noted that there may be certain differences in the regulations on the replacement of official seals in various regions of the mainland, and some regions require that regardless of the loss or damage of the official seal, a statement must be published when replacement, and it is recommended to consult the local registration authority or relevant departments for specific operations.
Official seal replacement process
1. Submit the application: submit the application for the replacement of the official seal to the original registration authority, explaining the reason for the replacement.
2. Filing: Within five days after the official seal is replaced, it shall be filed with the original registration authority.
3. Destroy the original official seal: hand over the original official seal to the original registration authority for destruction.
4. Publication in the newspaper (depending on the regional policy): If you need to publish the newspaper, you will publish a statement in the designated newspaper in accordance with the local policy requirements.
5. Use the new official seal: After the filing is completed, start to use the new official seal.
Precautions
1. Keep the official seal: The unit using the official seal shall strengthen the custody of the official seal to prevent damage and loss of the official seal.
2. Timely replacement: After the official seal is found to be damaged, it should be replaced in time so as not to affect the normal business development.
3. Comply with local policies: according to the requirements of local policies, go through the procedures for replacing the official seal.
4. Consult professionals: In the process of replacing the official seal, if you have any questions, you can consult professionals or relevant departments.
The replacement of damaged official seals does not necessarily need to be reported, and the specific operation needs to follow local policies and regulations to ensure that the procedures for replacing the official seal are legal and compliant, and the use of the official seal should strengthen the custody of the official seal to prevent damage and loss of the official seal and ensure the normal development of business activities.