Is it illegal to steal the company's name and sign a contract?

From the point of view of civil liability, signing a contract in the name of a company is unauthorized agency. If you can't get the company's ratification and prove that you have the agency, you must be responsible for your actions and compensate for the losses caused by such actions. From the perspective of criminal responsibility, signing a contract in the name of a company and illegally obtaining benefits from it may constitute the crime of contract fraud. According to the provisions of Article 224 of the Criminal Law of People's Republic of China (PRC), the crime of contract fraud refers to the act of defrauding the other party's property by fictional facts or concealing the truth for the purpose of illegal possession during the signing and performance of the contract. The determination of the crime of contract fraud should pay attention to the following points: 1. Subject of crime: a natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility; 2. Subjective elements of crime: the perpetrator has the intention to illegally occupy public or private property; 3. The object of crime: it not only violates the property ownership of the contract counterpart, but also violates the market order; 4. The objective aspect of crime: it is manifested in fabricating facts, concealing the truth and defrauding the other party's property in the process of signing and performing the contract, with a large amount.

legal ground

Article 224th of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated: (1) Fictitious units or signing contracts under the name of others; (2) Mortgaging with forged, altered or invalid bills or other false property rights certificates; (three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability; (4) After receiving the payment for goods, advance payment or secured property paid by the other party; (5) defrauding the other party's property by other means.