China Naming Network - Almanac query - Is the receipt of the deposit slip valid only if it is signed and not stamped?

Is the receipt of the deposit slip valid only if it is signed and not stamped?

Effective. The receipt of a deposit slip has legal effect only if it is signed, not stamped. Not stamping is an individual act, and stamping is a company act. There is no need to cover the behavior with individuals, and there is a need to cover the behavior with companies. Otherwise it is invalid.

Legal analysis

To constitute a valid receipt, the following conditions should be met: 1, and the bill actor should have the capacity of bill rights and bill behavior; 2. The items recorded on the bill must be complete. The items that must be recorded in a bill of exchange include the words "draft", the entrustment of unconditional payment, the determined amount, etc. Name of drawee, name of payee, date of issue, signature of drawer, etc. ; 3. The bill must be paid. After the bill actor implements the bill behavior, he must deliver the bill to the holder before the bill behavior can be finally established. Legal effect is legally binding, which means that people should act in accordance with the law and must abide by it. Legal effect can be divided into normative legal documents and non-normative legal documents. The validity of normative legal documents, also known as legal validity in a narrow sense, refers to the validity or scope of application of the law, that is, who, what, where and when the law is binding. The legal effect mentioned in this chapter is a narrow legal effect. The validity of non-normative legal documents refers to the legal validity of judgments, rulings, arrest warrants and licenses. The deposit clause should first specify the names of both borrowers and other specific information; Secondly, write down the loan amount, repayment period and interest agreement, and write down the clear interest rate and the final total interest payable; Clarify the liability for breach of contract; The loan amount should be written in words and figures respectively, and both parties agree. In case of any inconsistency, amount in words shall prevail; Finally, both parties sign the time and press the handprint.

legal ground

Article 143 of the Civil Law of People's Republic of China (PRC) is valid if a civil juristic act meets the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 7 of People's Republic of China (PRC) Negotiable Instruments Law means signature, seal or signature and seal. The signature of the legal person or other organization that uses the bill shall be the signature of the legal person or other organization plus the signature of its legal representative or its authorized agent. The signature on a bill of exchange shall be the real name of the party concerned.