In daily life, we often use signatures, seals or fingerprints to express our wishes, such as signing the credit card acceptance agreement when applying for a credit card, signing the house sale and purchase contract when buying a house, and stamping the contract when conducting business between companies.
The same way of manifesting the will of the individual, which of these three acts is more legally risky?
signature
Signature, as the name suggests, is to sign your own name on the contract or agreement, proving that "this is me", not Zhang Sanlisi, the name here usually refers to the legal name on the ID card.
The name is a symbol of the citizen, a formal expression of the will and personality of the citizen. Crucial in economic behavior!
Article 32 of the Contract Law stipulates that where the parties conclude a contract in the form of a contract document, the contract shall be formed when the two parties sign or seal it. At the same time, according to article 44 of the Contract Law, a contract formed in accordance with law takes effect from the time of its establishment, that is, when the contract is not agreed or not provided by laws or regulations, the contract takes effect when it is signed or sealed.
Thus, a contract can be effective by mere signature. However, when using the method of signature, you should beware of falling into a scam, and there are three points to note:
Refusal of visa is not a non-statutory name
The use of names other than legal names (such as nicknames, milk names, etc.) may cause controversy, and further proof is required to prove that the name is equivalent to the perpetrator.
In order to avoid disputes arising from the use of non-statutory names, it is best to compare the identity card of the other party when signing the contract to determine that its signature is a legal name.
Reject artistic signatures
How can a signature that cannot be identified with a word be legally identified? Therefore, a clearly recognizable signature is an essential element of the law.
Therefore, when signing a contract, once it is found that the perpetrator is using an illegible artistic signature, it must be rejected and required to use a normal signature in order to confirm the true identity of the signer
Use a hard pen whenever possible
In the event of economic action, when signing, it is best to use a hard pen to ensure the correctness of the subsequent handwriting identification results that may be required.
Try not to use markers, watercolor pens and other pens with softer nibs, which cannot reflect the writer's pen power and writing habits of subtle strokes, and cannot be identified when identifying handwriting.
stamp
In the absence of a special agreement, the seal, like the signature, has the legal effect of making the contract effective. The legal risk of using a seal alone to make a contract effective is greater than a signature.
Official and private seals
Seals generally include both official and private seals.
Official seal refers to the seal used by organs, organizations, enterprises and public institutions.
A private seal is the abbreviation of a personal seal, and if it is not registered with the relevant departments, the private seal does not have credibility.
Signatures and stamps are more secure
With the development of various technologies, it has become easier to imitate seals. Whether it is a "forged seal" or an "invalid seal", it will bring extremely high legal risks to the other party to the contract.
Moreover, seals may be lost or stolen, and once they are lost or stolen, they may cause serious damage to the property of enterprises and individuals.
Do not use the seal alone as the only means of signing a contract, it is more secure to use it with signatures and other means!
Signature and seal≠ signature and seal
"Signature and seal" means that only a signature or seal is required.
"Signature and seal" means that both "signature" and "seal" are required, and both are indispensable.
In fact, as long as the parties to the contract express their approval of the contract with practical actions, which is in line with the true intention of the parties, whether one of the parties to the contract has only a signature or only a seal, or both a signature and a seal, the contract is established and effective.
Most deliberate: Sign in combination with fingerprints
The fingerprint and signature seal on the contract have the same legal effect. Pressed fingerprints have unparalleled advantages over signatures or seals: they cannot be forged and are less expensive to identify.
In order to maximize the protection of their legitimate interests and avoid subsequent disputes, the most deliberate choice is to combine the signature with the fingerprint:
The signature can ensure the authenticity of the actor's expression of intent, and the fingerprint can ensure the authenticity of the actor's identity, and the two can be used together to achieve the effect of complementing each other's strengths and complementing each other, and is the best choice for safeguarding legitimate rights and interests and avoiding legal risks.
One question and one answer
Q:
Only the signature of the legal representative, no official seal or only a special financial seal, is the contract valid?
Valid in principle, but there are legal risks.
Is the contract valid without the signature of the legal representative, only by an authorized representative?
In the case of the issuance of a power of attorney, it is valid in principle, but there is a legal risk.
Only the official seal of the company, without the signature of the legal representative, is the contract valid?
effective
Only the special seal of the contract, is the contract valid?
The special seal of the contract that has been filed for the record is valid, but the other party needs to issue the filing materials.
Only the financial seal, is the contract valid?
void
summary
(1) As far as possible, require the signature and official seal of the legal representative or authorized representative of the other party, especially when signing important contracts;
(2) If it is signed by an authorized representative, the other party is required to issue a power of attorney;
(3) Require the other party to affix an official seal or a special seal for the contract that has been filed, instead of a special financial seal;
(4) Generally speaking, a contract with a foreign company is required to provide a power of attorney and an authorized representative to sign it.
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