Characteristics of illegal fund-raising:
1. Fund-raising without the approval of relevant departments according to law, including fund-raising without the approval of approved departments; The department with the power of examination and approval approves fund-raising beyond the power of examination and approval, that is, the fund-raiser does not have the qualification of fund-raising subject.
2. Promise to repay the principal and interest to investors within a certain period of time. In addition to monetary forms, there are also physical forms and other forms of debt service.
Third, raise funds from unspecified objects in society. The "unspecified object" here refers to the public, not a specific minority.
Fourth, cover up the essence of illegal fund-raising in a legal form. In order to cover up their illegal purposes, criminals often sign contracts with investors (victims) and pretend to be normal production and business activities in order to maximize their ultimate goal of defrauding funds.
The Supreme Law of 20 10 promulgated the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising, and the judicial organs summed up more practical law enforcement standards from China's economic practice.
Illegal fund-raising requires "four conditions" at the same time: (1) absorbing funds without the approval of relevant departments according to law or borrowing legal business; (two) through the media, publicity and other means to the public; (3) Commitment to repay the principal and interest within a certain period; (four) to absorb funds from unspecified social objects-individuals to absorb deposits from more than 30 people; The unit has absorbed more than 150 people. At the same time, the Interpretation also stipulates that "it is not illegal to raise funds by absorbing funds for specific objects within relatives, friends or units".
On the basis of the "four conditions", the Supreme Law also lists 10 specific forms of illegal fund-raising, which can be divided into three categories. One kind is a fake direct investment project. For example, in the real estate industry, the cost of sales return, after-sales charter, agreed repurchase, and sale of real estate shares. ; Illegal absorption of funds by transferring forest rights and managing them on behalf of others, planting (breeding) on behalf of others or co-planting (breeding). For example, before Yingkou Donghua Group promised high returns in the name of developing breeding ants, it illegally raised nearly 3 billion yuan.
Ding's situation is not illegal fund-raising, but private lending. Therefore, friends can come over if they owe money. It can be recovered through prosecution or negotiation.
The difference between private lending and illegal fund-raising, how to define the illegal fund-raising of private lending is that borrowers openly raise funds from non-directional lenders without legal permission. Private lending refers to borrowing money from a specific object.
Is it private lending or illegal fund-raising private lending? Not fraud!
To apply for loans through illegal fund-raising or private lending, it is suggested to go through formal channels: for example, Agricultural Bank of China (ABC). Netjet loan is defined as a small consumer loan issued by ABC in cash to individual ABC customers who meet certain conditions. Customers apply for it by themselves, receive it quickly, automatically approve it and use the letter by themselves. Application conditions (1) Basic conditions 1. At least 18 years old and no more than 60 years old, with China nationality and full capacity for civil conduct. 2. Hold legal and valid identity documents. 3. Our e-banking customers and holders of security authentication tools issued by our bank. (Currently only second-generation KBao customers are supported) 4. Credit status is good. 5. There is no unexpired "NetJet Loan" loan amount and no outstanding "NetJet Loan" loan balance. 6 stable income, with the ability to repay credit on schedule. 7. The purpose of the loan is reasonable and clear.
The loan amount for applying for NetJet is 30-300,000 yuan; The loan amount is valid for 30 days, and the borrower needs to use the loan within the validity period. The loan amount cannot be applied, approved and issued in a few minutes.
Is private lending an illegal fund-raising? Legal private lending is not illegal fund-raising. However, illegal fund-raising often takes the form of private lending. When private lending has the following characteristics, it can be identified as illegal fund-raising:
(a) without the approval of the relevant departments according to law or in the form of borrowing legal business to absorb funds;
(two) through the media, promotion meetings, leaflets, mobile phone messages and other means to promote to the society;
(3) Commitment to repay the principal and interest or pay the return in the form of currency, material object or equity. In a certain period of time;
(four) to absorb funds from the public, that is, the social unspecified objects.
How to distinguish private lending from illegal fund-raising refers to lending between citizens, between citizens and legal persons, and between citizens and other organizations. Private lending is a direct financing and investment channel and a form of private finance. As a financing method with abundant resources and simple operation, private lending has alleviated the contradiction of insufficient bank credit funds to a certain extent and promoted economic development today with the continuous development of market economy. Private lending includes private banks, micro-loans, third-party financing, private lending chains, guarantees, private equity funds, bank-enterprise docking platforms, peer-to-peer lending, financial supermarkets and other financial forms. Compared with bank loans, private loans have several advantages, such as flexibility, simplicity, speed and high returns. China's first local financial regulation, Wenzhou Private Financing Management Regulations and Implementation Rules, will be issued on March 65438+.
Definition of illegal fund-raising: refers to the act of raising a large amount of money from the public for the purpose of illegal possession, with fictitious funds as bait, with false documents and high returns, or by other means.
The constitutive requirements of the crime of illegal fund-raising are 1, and the perpetrator has subjective intention; 2, for the purpose of illegal possession (not temporary possession and use, refers to illegal possession or illegal possession by a third person); 3. It must be a large amount of illegal fund-raising and cause serious consequences.
If you have normal loan procedures and do not meet the above three conditions, it does not constitute the crime of illegal fund-raising, and how much money you borrow is not a crime, and it is beneficial to others and others.
Article 2 1 1 of the Contract Law: "If the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate". The Supreme People's Court's opinion on the handling of loan cases by people's courts: "6. The interest of private lending can be appropriately higher than the bank interest rate, but it must not exceed 4 times of the bank loan in the same period. The excess interest is not protected by law. "
Legal consequences of both:
If the vicious degree of illegal fund-raising reaches the standard of conviction and sentencing, it is mainly suspected of the crime of fund-raising fraud in Article 192, the crime of issuing stocks, companies and corporate bonds without authorization in Article 179, the crime of illegally absorbing public deposits in Article 176 and the crime of illegal business operation in Article 225 of the Criminal Law.
Private lending is legal, and illegal fund-raising is illegal. If there is illegal fund-raising, you must bear legal responsibility.
What is financing? Illegal fund-raising Hello, private lending. The essence of financing is borrowing. Illegal lending often violates the red line of illegal fund-raising.
Illegal fund-raising by private lending in Guigang is a criminal offence, which is suspected of fund-raising fraud and illegal absorption of public deposits. It is suggested to report the case to the local public security organ in time.
Legal basis:
Article 18 of the Criminal Procedure Law criminal cases shall be investigated by public security organs, except as otherwise provided by law.
Is private lending illegal to raise funds? Between natural persons, between natural persons and enterprises (other organizations), one party lends a certain amount of funds to the other party, and the borrower repays the loan at maturity and pays interest as agreed. The party providing the funds is the lender, and the party receiving the funds is the borrower.
According to Chinese laws, private lending refers to lending between citizens, between citizens and legal persons, and between citizens and other organizations. As long as the opinions of both parties are true, it can be considered effective, and the mortgage generated by the loan is also effective accordingly, but the interest rate shall not exceed the relevant interest rate stipulated by the People's Bank of China. Private lending is divided into private individual lending activities and lending between citizens and financial enterprises. Private individual lending activities must strictly abide by the relevant provisions of national laws and administrative regulations, and follow the principles of voluntary mutual assistance, honesty and credit.
The so-called illegal fund-raising refers to companies, enterprises, individuals or other organizations without approval. In violation of laws and regulations, raising funds from the public or collective through improper channels is the essence of the crime of illegal fund-raising.
Therefore, it cannot be completely said that it is illegal fund-raising.
Detailed explanations can be referred to the lawyer's reply through the legal partner platform.