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4 Regulations on the use of seals of the business to understand

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In the process of business activities, the use of seals ensure the legality for the text/transaction, expressed goodwill of the business in the market. Regulations on the use of seals of business have been set up to ensure transparency, compliance with the rules, this step is important for enterprises to protect the legal rights of their own. Date 01/01/2021, Business Law 2020 will officially take effect, the provisions related to corporate seal has been changed significantly. Let's Lac Viet Computing learn the rules that below!

1. Recognition of digital signature is the mark of the business

Business law 2020 recorded marks of businesses exist under 02 forms including:

– Mark is made at the base seal;

– Sign the form digitally signed under the provisions of the law on electronic transactions.

Regulations on the use of seals of this business has officially recognized digital signature is the mark of the business. This content is completely new compared with the provisions of the Law on Enterprises 2014.

The digital signature was Decree 130/2018/ND-CP explain the concept. According to it can understand simple signature number is a form of electronic signature is encrypted the data, information of a business user to sign for signature on the text type and the document number made in electronic transactions over the internet.

Bringing the electronic signature, made the sign of the business contribute to help businesses have more choice in the use of signs instead of just using a stamp carving as it is now.

quy định về sử dụng con dấu của doanh nghiệp

 

2. Regulations on the use of seals of the business allows for self-determination

Business law 2014 regulations, businesses have the right to decide on the form, amount and content seal but the seal content must show the following information:

– Business name;

– Code of business.

To Business Law 2020, mandatory rules on information expressed in content seal was abolished. According to the rules of use of the seal of the enterprise in paragraph 2 of Article 43 of the Law Business 2020, business decide what type of sign, the number, form and content about your business.

This means the business will be fully entitled to decide about the content of the signs I use that not to be bound by the provisions of law.

Not only that, Business Law 2020 also given to business decide on the type of sign, the number, form and content mark of branches, representative offices and other units of the business (this content has not been recorded directly in Business Law 2014).

Can see with these new regulations, businesses are gradually master seal of yourself.

3. Corporate regulatory notice template sign before use

Paragraph 2 of Article 44 Of the Law on Enterprises 2014 regulations before use, business is obliged to inform the sample seal with the business registration office to publicly available on the national Portal on business registration. Accordingly, the sample notifications marked as mandatory procedure today.

However, Business Law 2020 has removed regulations on. Thus, from the date 01/01/2021, businesses will not need to perform notification procedure template seal.

This is considered to be a regulation for use of the seal of new business, progress, fits in the simplification of administrative procedures, help to save time and effort during the implementation of the procedures related to business.

quy định quản lý con dấu của doanh nghiệp

 

4. Corporate regulatory changes related to the management/storage/use seal

Paragraph 3 of Article 44 Of the Law on Enterprises 2014 regulating the management, use, and retention seal made under the provisions of the charter company.

Regulations on the use of seals of this business has been in Business Law 2020 adding base implementation. Accordingly, the management and retention seal is also made according to the regulation of business, branch, representative office or other unit of business accented issued.

If the Enterprise Law 2014 regulations seals are managed and stored according to The charter company is at Paragraph 3 of Article 43 of the Law Business 2020, branch, representative office or other unit of business can be issued regulations for the use of his seal.

Besides, regulations seal management of new business are limited use cases seal of the enterprise. Business law 2014 currently allows the seal to be used in the cases prescribed by law or the transaction parties have an agreement on the use of the mark.

But from the date 01/01/2021, the two parties in the transaction will not be agreement on the use of the seal which is used only seal in the transaction according to the provisions of the law.

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Compliance regulations on the use of seals of business as legal requirements pivotal in maintaining the legitimacy of the business, help to avoid the legal risks, consolidate trust/credibility in the eyes of partners/customers. Be careful in the use of the seal is testament to the professional commitment of the business for the value of legal, business ethics.

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Cao Thuy
Senior Content Marketing more than 4 years of experience. For me, content creation, not merely introduce the product and the brand, but also the transmission of the content really useful for customers. Read more >>>
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