1. If the party concerned fails to keep his personal seal properly or retrieve it in time for his own reasons, resulting in it being stamped by another person on behalf of him in the relevant materials, it is regarded as the General authorization of the owner of the seal, the material is legally valid.
2. Therefore, the parties should properly keep the seal, if the seal is lent to others to handle business, the seal should be retrieved in a timely manner after the completion of business.
The source of the case
The defendant Song Mou that the Agricultural Development Bank Longxi branch issued a reminder notice on its signature is forged, and the notice stamped seal is handed over to the office of Gansu Wuyang Salt Chemical Company Limited on behalf of the custodian, but not under the will of the stamped. Therefore, Song Mou said should not bear the responsibility of this liquidation, and filed an appeal.
After the court reviewed again that:
1, agricultural development bank Longxi branch on June 24, 2015 to Song Hui issued a reminder notice on Song Hui's signature. Song Hui although the signature has objections, but did not file an application for appraisal, and did not put forward evidence to the contrary to prove that the signature is forged, according to the supreme people's court on the evidence of civil litigation provisions of article 2, article 70, article 72 of the provisions of the reminder notice is considered to be valid.
2, Song Hui for their own reasons did not sign the seal in a timely manner, Gansu Wuyang Salt Chemical Company Limited personnel on behalf of the seal as Song Hui's general authorization, legal and effective. Therefore, after June 24, 2015, the reminder notice is valid, agricultural bank Longxi sub-branch in the limitation period to Song Hui claimed the right, the original judgment that Song Hui for the loan principal and interest to bear joint and several guarantee responsibility is not improper.
Summary
The so-called "small seal, big Qiankun", people say "seal validity", that is, stamped with a company or personal seal documents, contracts, letters, etc., have a specific legal effect. Whether it is a company or an individual, such as not properly keep the seal, and so on when the problem arises, not negligent management so simple! Therefore, the seal of custody work must be emphasized!
Solutions
1, the establishment of a set of perfect seal use approval system and the use of registration form.
2, a clear seal manager's post legal risk prevention and control awareness and responsibility.
3, with the help of intelligent equipment for control, to avoid the risk of seal management, to meet the regulatory requirements.
Zhuhai Siegert intelligent seal management solutions, through the seal and "intelligent hardware + management platform + App" combined to achieve the enterprise seal online, remote, intelligent control of information.
Unified control
The entity seal unified control, the device automatically locks the seal, the realization of the separation of the human seal control, from the source to eliminate the possible security risks of using the seal.
Online application
Employees only need the cell phone APP to apply online, offline printing, eliminating redundant processes, improve the efficiency of the process flow.
Remote approval
The leader of the reviewer can only be stamped after review, to ensure that the printing process is standardized and transparent.
Real-time monitoring
The device is equipped with a high-definition camera, which monitors the entire printing process, so that each use of the seal can be printed and traced. Avoiding violations such as overstepping the authority to use the printing, stealing and misappropriation.
Automatic archiving
After the stamping is completed, the stamped documents are automatically uploaded to the cloud through the shooting and archived, which is convenient to access at any time, and all the documents are clear at a glance.
Traceability
When the user's seal is counterfeited and the legal dispute is caused by the user's inability to prove that he/she is not responsible, he/she can search for evidence to avoid legal risks.