Provisions of Civil Code on Official Seal

The provisions of the Civil Code on the official seal are as follows:

1. The engraving of basic seals (official seal, contract seal, corporate seal and financial seal) shall be made by the designated seal management personnel, and reported to the General Management Department for the record, and the relevant usage regulations shall be implemented from the date of engraving;

2. When applying for the special seal of each functional department, the demand department shall fill in the Application Form for Chapter Making and Issuance, and send it to the General Management Department for engraving after being approved by the general manager;

3. Before using the seal, any department must go through the collection procedures at the General Management Department, accept the corresponding responsibilities and rights, sign the seal signing procedures and put it on record;

4. The official seal shall be kept by the manager of the comprehensive management department or a special person;

5. The contract seal shall be kept by the General Management Department;

6. The company seal shall be kept by the cashier of the company bank.

legal ground

People's Republic of China (PRC) Civil Code

Article 490

If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

Measures for the administration of seals

Chapter I General Provisions

The of the first entry

In order to standardize the seal management process, strengthen the engraving, alteration, use and management of the company's seal, clarify the relevant seal procedures and responsibilities, and ensure the smooth progress of seal work, these regulations are formulated.

Article 2 Scope of application

These Measures are applicable to the engraving, use and destruction management of various seals of the Company.

Article 3 Classification of seals

(1) seal: the seal of the company registered or designated by the competent department. Such as: official seal of legal entity, special seal for finance/invoice, special seal for company contract, etc.

(2) Official seal: the seal engraved with the title of general manager of the company;

(3) Department seal: the seal engraved with the name of the company's department. The department seal that is not used externally shall be marked as "for internal use only";

(4) Title signature seal: a seal engraved with the title and signature of the manager and general manager.

Chapter II Engraving and Collection

Article 4 The administrative department shall be responsible for the engraving, control and destruction of seals, and establish the archives of seal keepers.

Article 5 The department that applies for engraving seals is the department that keeps and uses special seals. The official seal and contract seal of the company shall be kept by the personnel designated by the administrative department, and other seals shall be kept by the personnel designated by the leaders of the corresponding departments.

Article 6 Engraving: The demanding department fills in the Engraving Application Form, marks the seal style on the form, and submits it to the administrative department for engraving after being signed by the department manager and general manager. No one is allowed to carve a seal without permission.

Article 7 After the seal is in place, the administrative department shall keep the seal and establish the file form of the seal keeper; After the seal keeper of the printing department signs the Record Sheet of the Seal Keeper, the seal will be managed and used by the application department.

Article 8 The administrative department shall keep the seal engraving application form and the seal keeping file form.

Chapter III Use Management

Article 9 A unique seal keeper must be identified for each seal, and a unique seal keeper must also be identified if the seals of units that have closed down or cancelled their business have not been destroyed.

Article 10 If it is necessary to affix the official seal of the company, the user of the seal shall first fill in the Seal Application Form and submit it to the department manager and general manager for approval before using it.

Article 11 The special seal for company contracts is used for the company's purchase and sale contracts.

According to the approval authority of the company to sign the purchase and sale contract, the seal is used according to the approval result, and there is no need to fill out the seal use application form separately; The administrator of the special seal for the contract shall keep the signature of the person whose signature right is the bottom, check the signed contract signature, stamp and fill in the seal approval account after it is correct, and file and save the seal approval registration account regularly. At the same time, in case of post change, the above form should be handed over to the newcomer in writing.

Twelfth need to use the seal of the department, the seal personnel need to fill in the seal approval registration account, together with the documents and manuscripts that need to be sealed, and submit them to the department manager for approval.

Thirteenth the use of seals that are not the business of the department must be countersigned by the competent department of business before printing.

Such as recruitment information (including signing and renewing labor contracts); Materials such as personnel transfer-in, transfer-out, appointment, dismissal and dismissal can only be printed after countersigned by the enterprise management department; The use of seals in industrial and commercial affairs such as the establishment, alteration and cancellation of a company must be countersigned by the administrative department before it can be used.

Article 14 After the official seal is used, the keeper shall keep the Application Form for Seal by number, fill in the Seal Registration Account, and file the Seal Registration Account regularly. At the same time, in case of post change, the above form should be handed over to the newcomer in writing.

Article 15. When the keeper of the seal leaves his post for more than 4 hours due to leave or business trip (the keeper of the important seal leaves his post for more than 2 hours), he must hand over the seal to the leader of the competent department or the person designated by the leader, fill in the seal handover form and keep the handover record. Various printing procedures and regulations must be clearly explained before leaving.

Article 16 After the seal keeper returns from vacation or business trip, the replacement personnel shall return the seal keeper together with the printed documents during the replacement period.

Article 17 In general, it is not allowed to affix a seal on blank stationery or blank documents. In special circumstances, it needs to be reviewed by the Administration Department and reported to the General Manager for approval. Blank documents should be numbered, marked with purpose and description, copied and filed, and their use should be tracked. Unused blank documents should be recovered and cancelled in time.

Article 18 The official seal and the special seal for contracts shall not be used externally in principle. When it is necessary to borrow under special circumstances, the manager shall make a written report, indicating the purpose and borrowing time, and can only borrow it after the approval of the general manager.

Nineteenth superior leaders have no right to force the seal keeper to use the seal. In this case, the seal keeper shall immediately refuse, otherwise all responsibilities shall be borne by the seal keeper.

Article 20 If the seal keeper is unable to master a new or complicated seal application, he should ask the general manager for instructions before the seal, and the seal can only be made after confirmation.

Article 21 When the company's seal is lost, damaged or stolen, all the seal keepers shall report to the department manager and the administrative department in time, and submit a report explaining the reasons, and the administrative department shall handle it according to these regulations.

Chapter IV Destruction

Article 22 The administrative department shall be responsible for the destruction of seals, and the administrative department shall fill in the Seal Destruction Application Form. With the approval of the general manager, the seals shall be uniformly destroyed and recorded.

Article 23 If the seal kept and used by the seal keeper is damaged, it shall be handled according to the seal engraving application procedure. After the new seal is engraved, the original damaged seal should be returned to the administrative department for archiving or unified destruction.

Article 24 the seal of a business unit that stops business, such as suspension of business or cancellation. , should be destroyed in strict accordance with the requirements, should be properly kept, and the use of seals during the storage period should still be strictly in accordance with the provisions.

Chapter V Punishment for Illegal Use of Seals

Article 25 If a blank document (such as a contract) with a seal or a seal is not properly kept, resulting in the loss or misappropriation of a blank document with a seal or a valid seal, the document custodian shall be fined 500 yuan, and the losses caused thereby shall be compensated by the blank document custodian. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 26. For those who fail to use the seal as required, the company will notify the seal administrator and impose a fine on 50 yuan every time they are found out. At the same time, the seal keeper must immediately rectify in place, otherwise the punishment will be doubled.

Article 27 A seal keeper who has repeatedly found problems and failed to make rectification for many times shall be exempted from the qualification of seal keeping, and shall be recorded in manpower as part of his work performance as one of the contents of not renewing his employment.

Article 28 The head of the department shall be jointly and severally liable for the use of the seal by the department, and fined 100- 1000 yuan, and notified throughout the company; If the circumstances are serious, he shall be dismissed for dereliction of duty.

Chapter VI Supplementary Provisions

Article 29 The right to interpret and modify this system belongs to the company's administrative department.

Thirtieth this system shall come into force as of the date of promulgation.