Database ID 2024-08-2-272-001

Database Case: Shanghai Pan Commercial Operation Management Company v. Wu Moumei

Where the legal representative and the company seal are controlled separately, litigation acts carried out by the legal representative in the company's name are attributable to the company. In the absence of special internal rules on custody, the legal representative is the default lawful custodian of the company's certificates and may demand the return of the business license, company seal, finance seal, legal-representative seal, books, and contracts.

Holding

Where the legal representative and the company seal are controlled separately, litigation acts carried out by the legal representative in the company's name are attributable to the company. In the absence of special internal rules on custody, the legal representative is the default lawful custodian of the company's certificates and may demand the return of the business license, company seal, finance seal, legal-representative seal, books, and contracts.

Issues

separation between the legal representative and control of the company sealreturn of company certificatesabsence of internal rules on custody of corporate certificates