Research On The Legal Issues Of The Seal Of Company

In the daily business activities, the seal of company plays very important function. It is the most commonly used way of company intention and the performance of the company’s main body status. Therefore, the lack of legal norms about the seal of company as well as the internal management loopholes of the company will lead many legal risks to be buried in the internal management and external management activities of the company. However, the current legislative situation in our country, about the company seal management issues is blank. Corporation law and other relevant laws didn’t pay enough attention to them. At the same time, in practice, few companies make detailed rules in the internal management of the company’s articles of association and regulations on the provisions. In practice,more and more legal disputes happened about the company seal. So it is necessary to improve the situation of the seal of company.The body of the thesis is divided into four parts:Chapter Ⅰ is an overview of the seals and raises problems in practice by the cases. It analyzes the present situation and the legislative status about the seal of company, and then expounds the cultural origin of seal and seal of the status and role, through the analysis of the status and role about the United States which belongs to the Anglo-American law system and Japan which belongs to continental law system and Taiwan provides the reference for our country.Chapter Ⅱ involves about the relationship between the seal of company with the will of company. Through the analysis of the properties of company seal shows the link of them. The seal of company is an important way for the will of company to express. At the same time the seal of company and signed by the legal representative both of them can express the will of company. In terms of efficiency and trade security as well as authority are compared. The seal of company has an advantage at the transaction security.Chapter Ⅲ analyzes the seal of company in Inside and outside two different aspects of expression. The effectiveness of the external expression includes confirming the legal behavior of the company and possibly constituting a representation or agency of company. For internal staff, it means confirming and binding on the company. Also,it is the symbol of power of the company to its staff.It is the embodiment of the legal representative to obtain representation,. All of aspects above show the important position of the seal of company.Chapter Ⅳ analyzes types of the seal of company about legal issues and typical problems such as abuse, forgery, theft and others, in the practice. Draw lessons from the advanced experience of other countries and regions, from different aspects, such as perfecting legislation, endorsing legal representative’s signature effectiveness better than the seal of the company at specific circumstances. Limit the power of the legal representative to perfect the seal of company system.The paper made mainly analysis of the effect comparison between the seal of company and signed by the legal representative, when the two having different will. The analysis of effectiveness for both of them on the details include efficiency and trade security as well as authority.From the current corporate management practices and related legislation, there are not clearly stipulated in the effectiveness of both in conflict situations. We can draw lessons from the provisions of the Taiwan area. Building up the system of solving the question that when the seal of company and the company’s legal representative signature are conflicting with each other, the company’s legal representative signature is prior, which is of great significance for solving legal problems in practice.