2. The legal representative of the company is the legal representative of the company and exercises authority on behalf of the company. The company shall bear civil liability for the business activities of its legal representative and other staff members according to law. When the legal representative performs the duties of the company and signs a contract with foreign countries, the legal consequences shall be borne by the company.
Three, the effectiveness of the contract depends on whether the contract damages the interests of the state, social and public interests, whether it violates the mandatory provisions of laws and administrative regulations. Without the above circumstances, the contract will take legal effect from the time it is concluded.
4. The loan contract does not have the official seal of the company, but only the signature of the legal representative, and the form of the contract is not standardized. Although this situation is not the reason why the contract is invalid, the loan contract is also valid under normal circumstances, but after all, it has left legal hidden dangers.
The official seal of the company shall be stamped in time, and the stamped official seal further explains the true expression of the company. Under normal circumstances, if our company does not affix the official seal, the other party will also require the seal, especially for contracts such as borrowing from banks. Without the official seal, the bank will not issue loans.
According to the provisions of the General Principles of Civil Law of People's Republic of China (PRC):
Article 36 A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law. The legal person's capacity for civil rights and civil conduct arises when the legal person is established and disappears when the legal person is terminated.
Article 38 In accordance with the law or the articles of association of a legal person, the person in charge who exercises functions and powers on behalf of the legal person is the legal representative of the legal person.
Article 43 An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members.
Extended data:
According to the Contract Law of People's Republic of China (PRC):
Article 9 When concluding a contract, the parties shall have corresponding capacity for civil rights and capacity for civil conduct. The parties may entrust an agent to conclude a contract according to law.
Article 44 A legally established contract shall come into force upon its establishment.
Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail.
Article 45 The parties may stipulate that the validity of a contract is subject to conditions. A contract with effective conditions shall take effect when the conditions are met. A contract with termination conditions is invalid when the conditions are met.
If the parties improperly prevent the achievement of conditions for their own interests, the conditions shall be deemed to have been achieved; Those who improperly contribute to conditional achievement are regarded as conditional failure.
Article 46 The parties may stipulate the term of validity of a contract. A contract with an effective term shall take effect upon the expiration of the term. A contract with a termination period is invalid at the expiration of the period.
Baidu Encyclopedia-General Principles of Civil Law in China