Different from the client’s reserved seal, the seal here mainly refers to the various seals of the bank based on the needs of authorized internal control and business segmentation. From the perspective of large categories, bank seals are mainly divided into legal seals and self -determined seals. The statutory seal mainly refers to the seal that must be engraved in accordance with the laws of the law, such as the special seal of this ticket, the dedicated seal of the bill of exchange, and the special seal of the settlement. Such seals are required to require banks to apply for relevant business in accordance with the relevant laws and regulations of the Bill Law. The legal seal that must be carved. The self -determined seal mainly refers to the segments of banks based on their own business products, such as the front desk business seal, the special seal of savings business, the special chapter of foreign exchange business, the transit chapter, the clear chapter, and the personal private seal of the teller.

1. The legal effect of legal seal

The legal seal has a distinctive legal meaning, and not stamped with or stamped the error seal will lead to the loss of legal effect. For example, Article 13 of the “Implementation Measures for the Management of Bills” stipulates that “the signing of the issuer on the bank exchange and the signing of the bank acceptance of the commercial exchange, and the dedicated seal for the bank’s bank A person’s signature or seal. The signing of the issuer on the bank’s ticket, which adds the signature or seal of its legal representative or its authorized agent for the bank’s vote. It can be stamped with a special seal of the exchange, and it can only be stamped with the special chapter of the ticket when applying for this ticket business. According to Article 17 of the “Implementation Measures for the Management of the Bill Management”, “the signing of the ticket on the bill does not meet the bill method and the bill method and The provisions of these measures will be invalid, that is, the use of the wrong seal will directly lead to the invalidity of the bill.

2. The legal effect of the custom seal

The use of self -proposed seal is one of the operations and legal risk points that banks should focus on the management of the seal management. In practice, the following three situations may occur:

The first is to use the wrong seal,

Customers handle a foreign exchange settlement business in the branch. In accordance with the bank’s internal rules and regulations, the counter personnel should be stamped with a special seal of the foreign exchange business in the customer’s return order. If a lawsuit occurs in the future, is it legal to use the wrong seal return order? The practice of judicial trial proves that because the seal needs to be stamped and what type of seal should be stamped, only the bank staff knows that for customers, this information is shielded and the customer does not know, so as long as the seal is the seal is the seal is In real, whether it is stamped with seals stipulated in the internal system of the bank, and does not affect its external legal effect. In the cabinet practice, the guarantor who assumes the liability for repayment will also appear to ask the bank to give a repayment certificate, and stampede the seal in the repayment certificate. Just as the above analysis, the staff of the cabinet do not have to be entangled in the type of seal at this time. The front desk business seal, the president of the branch, and the loan -specific chapter have legal effect under the premise of the real premise. Therefore, in this case, it is more about the issue of business management efficiency and customer satisfaction.

银行各类印章的法律效力和使用规则

The second is not stamped with seal

, President of a branch publicly absorbed deposits in the name of a bank, but did not account for accounts. Although the regular deposit orders for customers were issued by the bank, it was not stamped with a special seal for savings business. After the deposit expires, the customer holds the deposit form to be fulfilled. Line coding rules). After the two sides have a legal effect on the depository of the two parties, the depository of its unintentional seal has legal effect? The president of the branch in this case may violate the crime of absorbing customer funds, which is a category of criminal responsibility. But this is not enough to deny the objective facts of customers to store money to store money. In the business disputes between the trial of the store and the bank, because the deposit list is real, it is enough to be one of the evidence of restoring the facts of the customer. It should be identified as the flaws on the evidence, and it is not enough to lock all the objective facts by the deposit.

The third is to use fake seals

A branch of A Xing signed a loan contract with a company, issued a loan of 10 million yuan, and set up a pledge of 15 million yuan in the two deposits of a certain branch of Xing. Line A Find the Venture Venture Delivery Line B to inform the pledge and verify the authenticity of the deposit. Li, the president of the branch of the branch, issued a guarantee, stating that this deposit list is true and valid. It can be pledged, no loss, and not scored in advance. The expiration of our bank to ensure unconditionally pay the principal and interest. And the seal of the branch of the branch of the branch B is stamped on the guarantee (afterwards it was found that the president of the sub -branch was engraved), which was signed by the president. After confirming that the two deposit orders were opened by the president. At the time of the business seal on the deposit, the business seal was not enabled. It was formed by Li to deceive the seal for falsifying the depository, but the private seal of the cabinet personnel on the deposit list was true, and the original gauge certificate of the deposit form was the continuous number of the W China’s deposit order. Excuse me: Is the fake deposit bill valid? Is the guarantee of the fake official seal valid? Is the pledge contract valid? Does Line B take responsibility?

Because the deposit is open, it is equivalent to 15 million yuan in the objective world, so it should be determined that it is invalid. For the effectiveness of the guarantee, it should be composed of an agent from the behavior of the president of the branch, and the binding power of the line B is formed in accordance with the law. According to the “Guidance Opinions on the Supreme People’s Court on the current situation of trials of civil and commercial contract disputes,”, seeing that the agent not only requires the agent’s no -right to agent to objectively form an agent’s appearance, but also requires that the counterparts are subjective subjective subjective people subjective people are subjective. I believe that the perpetrator has an agency right; whether the people’s court is subjectively or not, the people’s court should be good and not lost. Pay attention to obligations. The president of the branch in the bank’s working hours and place of work, wearing a bank work clothes and submitting a business card for bank staff, is enough to convince customers that it is the bank’s agent. It should be noted that the above -mentioned behavior of the president of the branch is not enough to constitute a legal “job behavior”. One behavior must have three requirements at the same time if the act is constituted: the employee is performed within the scope of the unit’s authorization; the employee is performed in the name of the unit; the interests obtained by the behavior belong to the unit. A luggage in this case is actually a duty crime. The benefits of their actions cannot be attributed to the unit, nor can it be authorized by the unit.

Regarding the effectiveness of the pledge contract, because the quality of the matter does not exist, it is equivalent to “water -free water, no wooden wood”, just as the mortgage contract is deficient in the mortgage contract, which should lead to the invalid of the contract. However, due to the real, complete, and effective nuclear detainer procedures (there are lines B notifications and guarantees, etc.), according to the “Supreme People’s Court on the Trial of Disputes on Trial Disputes”, ” If the deposit is out of the quality, even if the deposit is forged, altered, and open, the pledge contract is effective, and financial institutions shall pay the money recorded to the pledgee in accordance with the law. “

银行各类印章的法律效力和使用规则

Based on the analysis of the above three situations, it can be seen that the bank is stamped with different seals according to different business types, which is mainly meaningful to strengthen internal management. However It cannot achieve the purpose of reducing the legal risk of banking.

3. Compliance requirements for seal management

Therefore, in addition to the work of engraving different seals based on the type of business, more importantly, on this basis, eliminating the misunderstanding of the wrong seal to the outside world, establishing a cautious legal awareness, and strengthening internal management and control. And to formulate a strict and standardized responsibility system to reduce the corresponding legal risks caused by the internal operation of the bank. This management includes the direct person in charge of the seal, the recording of the use of seal, whether the use of the seal of the seal is reasonable, determining the internal punishment function of the seal system, and the study of relevant personnel of the organization. The CBRC issued the “Notice on Strengthening the Management of Internal Control Management of Banking Financial Institutions in June 2015” clearly required to strengthen the management of seal certificates, adheres to the “dual -entry control, advance approval registration, dual supervision and reception of dual enrollment, advance approval registration, two -person supervision and reception “Principles to ensure the separation and effective supervision of storage, approval, and use. Through the establishment of information management systems of vouchers and seals, the system rigid control of important vouchers and accounting seals should be achieved, and the corresponding relationship between “transaction, vouchers, and seal” is established to effectively prevent risks such as passbooks and stolen important vouchers and seals.

银行各类印章的法律效力和使用规则

This article is excerpted from the author of the author’s “Prevention and Governance of Commercial Bank Counter Business Operational Risk Prevention and Governance 2.0”. Welcome to pay attention to law finance and improve together.

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