The contract stipulates that it will take effect after being signed and sealed. If there is only a seal but no signature, the contract will not take effect. Generally speaking, as long as the contract is the true expression of the intentions of both parties, the contract is valid. The absence of a seal cannot negate the validity of the contract itself. Except where there are special instructions, for example, a contract without a seal is invalid or a contract without a company seal is not valid. In transaction activities, signature and seal are the basic requirements of many laws.
Legal Analysis
Relevant laws do not clearly stipulate whether the contract will be effective if the contract is only sealed but not signed. However, if the contract stipulates that it will take effect after being signed and sealed, the stipulations in the contract must be followed. The contract must be signed and stamped. The seal belongs to the unit and the signature belongs to the individual, including the legal person of the unit. If the company stamps it, it will be valid even if the legal person does not sign it. If it is only stamped, the contract will not be effective. Of course, if one party has fulfilled its main obligations and the other party accepts it, the contract will be legally deemed to have been established and effective. When a contract is concluded in the form of a contract, and one party has performed its main obligations and the other party accepts it before signing or sealing, the contract is established. First, this is determined by the nature of the contract. A contract is the product of consensus reached by the parties, and is an agreement in which two or more subjects express their unanimous intention. Under normal circumstances, only a signature or seal can indicate the parties' recognition of the terms of the contract. However, if one party performs its obligations under the contract before the contract is signed or sealed, and the other party accepts the obligation, the contract will become effective.
Legal Basis
Article 490 of the "People's Republic of China and Civil Code" Where the parties conclude a contract in the form of a contract, both parties shall sign, seal or press A contract is formed at the time of fingerprinting. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established.