The management of our company seal Legal Issues
|School||East China University of Political Science|
|Keywords||Seal Company representation Custody The right to appeal Temporary ban|
Company seal as the company's activities for meaning of that means, as the embodiment of integrity of the company's credentials in our market economic activities play an extremely important role. Improper management company seal company is bound to bring a lot of legal risks. However, the Companies Act and other relevant laws of the company's common seal which failed to attract enough attention to management issues in the company seal showing a significant legislative gaps. Meanwhile, our company also more practical ignore this issue, few companies in the articles of association or internal rules to make detailed provisions, resulting in practice because the company seal management confusion arising from the increasing number of disputes. Because the lack of specification, our practice of dispute prevention and disposal of such divergent controversy after another, our company seal management is imperative to improve the legal system. Thesis is divided into five main parts, first chapter outlines the case raises issues, analysis of management practices of the company seal status and legislative situation, and thus explain the origin of the company seal, types and basic functions; Chapter symbol from the company chop efficacy and effectiveness of the table see, analyzes its legal nature and legal effect, focusing on the company seal and signed by the company representative of the legal relationship between; Chapter resolve custody seal of the company, so as to cases exist in practice leads to custody view from the transaction value and transaction efficiency value security company chop custody for analysis; fourth chapter on the occupation of company seal legal remedies, covering the company's right to appeal a problem, the company can not be a way to resolve the complaint, the emergency relief proceedings protection, and litigation liability relief in strengthening; Chapter learn from foreign advanced experience of relevant legislation, from strengthening legislation and to strengthen internal management systems perspective on improving the legal system of the company seal management recommendations. Papers of particular concern company chop chop custody issues and corporate encroachment legal remedies. Company Chop custody issues related to the establishment is to solve legal disputes and improve the corporate seal management legislation premise of protecting the safety of transactions and balanced starting trading efficiency purposes, it should build Specialized authorities seal custody system, and through the company's bylaws clearly defined. Uncertainty in the custody of the case, the legal representative for constructive custody system, and to ensure transaction security has a positive effect. Company Chop encroachment company certainly enjoy the right to appeal, but in the company of the complaint is not the case, through administrative channels for the company to provide proof of identity, or the shareholders, supervisors meet the appropriate legal representative of the company under the conditions of the complaints, safeguard the legitimate interests of the company. Relief can not be ignored in the proceedings seal emergency protection, especially for temporary ban system will help to avoid or reduce acts of encroachment seal damage caused to the company. Moreover, the strengthening of the legal remedies seal management liability, including the establishment of punitive liability, rejected the appeal and abuse of the right to appeal the legal responsibility for the administration of the seals will have a deterrent effect.