Step 5: Carving Stamps
刻 章
Unlike practices in the West, a company's official seal in China has legal authority over the signature of a legal representative and has the power to validate documents and contracts, regardless of who uses it. Its possession and whereabouts are therefore of utmost importance.
All companies operating in China are required to have an official seal, which is round in shape and bears the official company name in Chinese, and where applicable, in English. A company seal can be obtained from the local Public Security Bureau (PSB) after successful registration with the AIC. When signing a contract, it is always the opposite party's responsibility to ensure that the signing party's seal is authentic, if not, the contract is not legally binding. The PSB therefore keeps a duplicated copy of the official company seal in the event of fraud or disputes.
Other than the official company seal, a company must also have a legal representative seal, a financial seal, a seal for use on Fapiao, and a customs seal. A legal representative seal is used for specific license certificate applications and banking documents, while the legal representative seal is square in shape and bears the name of the company's legal representative. The financial seal is used to validate financial transactions such as cash withdrawals, wire transfers, and bank checks. The company's financial officer should keep possession of this seal separately from others. With authority in a Chinese company residing primarily in the hands of the person who currently holds its seals, it is advisable to put in place a mechanism to track, record, and monitor their use.