It is illegal to introduce others to make foreign exchange rebates by speculating in foreign exchange to earn commissions.
The so-called foreign exchange speculation generally refers to foreign exchange margin trading and firm trading. That is, investors use the services provided by banks or brokers to conduct foreign exchange transactions.
Opening a foreign exchange investment platform in China and providing agency services for overseas foreign exchange trading platforms to collect commissions are suspected of constituting the crime of illegal business operation. Taking the provision of agency services for overseas foreign exchange platforms as an example, in judicial practice, judicial organs often think that such platforms buy and sell foreign exchange outside designated foreign exchange banks, China Foreign Exchange Trading Center and its sub-centers without obtaining the approval or filing consent of the industry regulatory authorities according to law, which is a typical illegal business operation.
According to the provisions of Article 45 of the Regulations on Foreign Exchange Control in People's Republic of China (PRC), those who buy and sell foreign exchange privately, buy and sell foreign exchange in disguised form, buy and sell foreign exchange in reverse, or illegally introduce or buy and sell foreign exchange in a large amount shall be given a warning by the foreign exchange administration authorities, their illegal income shall be confiscated and a fine of less than 30% of the illegal amount shall be imposed. If the circumstances are serious, a fine equivalent to more than 30% of the illegal amount shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.