practice note Mainland China English original

Identifying a Signatory as Legal Representative Is Insufficient to Prove Performance of Official Duties

Case note explaining that a person's status as legal representative or actual controller is not, by itself, enough to prove a contract was signed as a company duty.

Brief English Introduction

The note is useful because it resists a shortcut: merely proving that a signatory is a legal representative or actual controller does not prove the company is a party. The surrounding facts, including whether the company seal was used and whether the company ratified the contract, remain crucial.

Use It For

Use it to complicate the default attribution rule and to teach evidence of corporate intent.

Teaching Notes

Ask students why a natural-person signature may be insufficient even when the signer is the company’s most powerful individual.