How to judge whether it is illegal fund -raising 1 Comment / Default / By huanggs How to judge whether it is illegal fund -raising
1 thought on “How to judge whether it is illegal fund -raising”
The criteria for judging whether illegal fund -raising is not approved by the relevant departments in accordance with the law, and promised to pay the funders to the funders within a certain period of time, and raise funds from unspecified objects to the society. Cover the essence of illegal fundraising in a legal form.
The specific content is as follows:
1. The fundraising of the department without approval authority approved by the relevant department, including the approval of the authority without approval authority, and the approval authority of the approval authority to surpass the fundraising, that is, the fundraising person does not have the subject of fundraising;
2. The promise pays the funder to pay the principal and interest within a certain period of time. In addition to currency forms, the form of interest paying interest also has physical forms and other forms;
3, raising funds from unspecified objects from society. The unspecified object here refers to the public, not a specific minority;
4, covering the essence of illegal fundraising in a legal form. In order to cover up its illegal purpose, criminals often sign contracts with investors, pretend to be normal production and operation activities, and maximize the ultimate goal of their fraudulent funds.
The dangers of illegal fundraising are as follows:
1. illegal fundraising seriously interferes with the normal economy, financial order, which can easily cause social instability and a large number of social security issues, and even cause social turmoil in local areas;
2. The parties participating in illegal fund -raising will suffer serious economic losses, and even lose their families and be ruined;
3, illegal fundraising is illegal, participants may bear corresponding legal liabilities and are sanctioned by law.
[Laws and regulations]
"The Criminal Law of the People's Republic of China"
Article 160 [Crimson of Fraud issuance of shares, bonds] in the prospectus, shares, companies, corporate bonds raising measures When the issuance documents conceal important facts or make up major false content, issue stocks or companies, corporate bonds, deposit vouchers or other securities identified by the State Council in accordance with the law. Or detention, and a single fine; the amount is particularly huge, the consequences are particularly serious, or there are other particularly serious circumstances.
The controlling shareholders, actual controller organizations, and instructions to implement the previous paragraphs shall be imprisoned or detention of less than five years, and the amount of illegal raising funds for illegal raising funds is doubled. The huge, the consequences are particularly serious, or there are other particularly serious circumstances. It is sentenced to more than five years in prison and more than 20 % of the amount of funds raised illegally.
For the first two sins of the unit, the amount of illegal raising funds is more than 20 % of the amount of fines of the unit. Penalty.