Chapter I General Principles
Article 1 These Regulations are formulated for the purpose of preventing and handling illegal fund-raising, protecting the legitimate rights and interests of the public, preventing and defusing financial risks, and maintaining economic order and social stability.
Article 2 The term "illegal fund-raising" as mentioned in these Regulations refers to the act of absorbing funds from unspecified objects by promising to repay the principal and interest or giving other investment returns without the legal permission of the financial management department of the State Council, or in violation of the financial management regulations of the state.
These Regulations shall apply to the prevention and disposal of illegal fund-raising by administrative organs. Where there are other provisions in laws and administrative regulations on illegally engaging in banking, securities, insurance, foreign exchange and other financial business activities, such provisions shall prevail.
The term "the State Council financial management department" as mentioned in these Regulations refers to the People's Bank of China, the State Council financial supervision and management institution and the State Council foreign exchange management department.
Article 3 The term "illegal fund-raisers" as mentioned in these Regulations refers to units and individuals who initiate, lead or organize the implementation of illegal fund-raising; The term "illegal fund-raisers" as mentioned in these Measures refers to units and individuals who knowingly provide assistance to them and obtain economic benefits.
Article 4 The State prohibits any form of illegal fund-raising and adheres to the principles of putting prevention first, cracking down first, comprehensive management and proper disposal.
Article 5 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take overall responsibility for the prevention and disposal of illegal fund-raising within their respective administrative areas, and local people's governments at all levels shall establish and improve the working mechanism for preventing and disposing of illegal fund-raising under the unified leadership of the government. The local people's governments at or above the county level shall designate the lead department for the prevention and disposal of illegal fund-raising work mechanism (hereinafter referred to as the lead department for the disposal of illegal fund-raising), and relevant departments, branches and other units of the State Council financial management department shall participate in the work mechanism; Township people's governments should clearly take the lead in preventing and disposing of illegal fund-raising. The local people's governments at higher levels shall urge and guide the local people's governments at lower levels to do a good job in preventing and handling illegal fund-raising within their respective administrative areas.
Industry authorities and regulatory authorities shall be responsible for the prevention and coordination of illegal fund-raising in this industry and field in accordance with the division of responsibilities.
Article 6 the State Council shall establish an inter-ministerial joint meeting system for handling illegal fund-raising (hereinafter referred to as the joint meeting). The joint meeting was led by the insurance supervision and administration institution of the State Council Bank, and relevant departments participated. Responsible for supervising and guiding the relevant departments and localities to carry out the prevention and disposal of illegal fund-raising, and coordinate and solve major problems in the prevention and disposal of illegal fund-raising.
Seventh people's governments at all levels shall reasonably guarantee the funds related to the prevention and disposal of illegal fund-raising, and include them in the fiscal budget at the corresponding level.
Chapter II Standardizing Prevention
Article 8 Local people's governments at all levels shall establish a monitoring and early warning mechanism for illegal fund-raising, bring it into the comprehensive management system of social security, give play to the role of grid management and grass-roots autonomous organizations, and strengthen the monitoring and early warning of illegal fund-raising by using modern information technologies such as big data.
Industry authorities and regulatory authorities should strengthen daily supervision and management, and be responsible for risk investigation, monitoring and early warning of illegal fund-raising in this industry and field.
The joint meeting shall establish and improve the national monitoring and early warning system for illegal fund-raising, promote the construction of the national monitoring and early warning platform, promote the sharing of information between local authorities and departments, strengthen the risk judgment of illegal fund-raising, and provide early warning tips in a timely manner.
Article 9 The market supervision and management department shall strengthen the management of commercial registration of enterprises and individual industrial and commercial households, such as their names and business scope. Unless otherwise stipulated by laws, administrative regulations and the state, the names and business scope of enterprises and individual industrial and commercial households shall not contain the words or contents such as "finance", "exchange", "trading center", "wealth management" and "equity crowdfunding".
The local people's governments at or above the county level shall take the lead in handling illegal fund-raising, and the market supervision and management departments and other relevant departments shall establish a consultation mechanism. If it is found that the name or business scope of an enterprise or individual industrial and commercial household contains other words or contents related to fund-raising other than those specified in the preceding paragraph, it shall pay close attention to them in time.
Article 10 The lead department in handling illegal fund-raising shall, jointly with the Internet content management department and the competent telecommunications department, strengthen the monitoring of Internet information and Internet applications such as websites and mobile applications suspected of illegal fund-raising. If the lead department in handling illegal fund-raising is identified as being used for illegal fund-raising, the Internet information content management department and the competent telecommunications department shall promptly deal with it according to law.
Internet information service providers shall strengthen the management of information released by users, and shall not produce, copy, publish or disseminate information suspected of illegal fund-raising. If information about suspected illegal fund-raising is found, relevant records shall be kept and reported to the lead department for illegal fund-raising.
Eleventh unless otherwise stipulated by the state, no unit or individual may publish advertisements containing fund-raising content or publicize fund-raising to the public in other ways.
The market supervision and management department will strengthen the monitoring of advertisements suspected of illegal fund-raising together with the lead department for handling illegal fund-raising. If the lead department of illegal fund-raising finds it as illegal fund-raising, the market supervision and management department shall promptly investigate and deal with relevant illegal fund-raising advertisements according to law.
Advertising agents and publishers shall, in accordance with laws and administrative regulations, review relevant supporting documents and check the contents of advertisements. For advertisements without relevant supporting documents and containing fund-raising contents, advertising operators shall not provide design, production and agency services, and advertisement publishers shall not publish them.
Twelfth the State Council financial management departments to deal with illegal fund-raising lead departments and local branches shall establish a monitoring mechanism for illegal fund-raising. The State Council financial management department and its branches shall, in accordance with the division of responsibilities, supervise and guide financial institutions and non-bank payment institutions to strengthen the monitoring of abnormal capital flows and other suspected illegal fund-raising behaviors.
Thirteenth financial institutions and non-bank payment institutions shall perform the following obligations to prevent illegal fund-raising:
(a) establish and improve the internal management system, prohibit branches and employees from participating in illegal fund-raising, and prevent others from using their business premises and sales channels to engage in illegal fund-raising;
(two) to strengthen the publicity and education of the public to prevent illegal fund-raising, and set up warning signs in a prominent position in the business premises;
(3) Strictly implement the reporting system for large-value transactions and suspicious transactions in accordance with the law, analyze and identify relevant accounts suspected of abnormal flow of illegal fund-raising, and timely report relevant information to the branches of local financial management departments in the State Council and the lead department in handling illegal fund-raising.
Fourteenth trade associations and chambers of commerce should strengthen self-discipline management and self-discipline, urge and guide members to actively prevent illegal fund-raising, and do not organize, assist or participate in illegal fund-raising.
Article 15 The joint meeting shall establish a publicity and education mechanism linking the central and local governments to prevent illegal fund-raising, and promote publicity and education on preventing illegal fund-raising throughout the country.
Local people's governments at all levels should carry out regular publicity and education work to prevent illegal fund-raising, make full use of various media or carriers, publicize the illegality, harmfulness and manifestations of illegal fund-raising to the public through legal policy interpretation, typical case analysis and investment risk education, and enhance the public's cognition and recognition of illegal fund-raising.
Industry authorities, regulatory authorities, industry associations and chambers of commerce shall, according to the risk characteristics of illegal fund-raising in their own industries and fields, carry out targeted publicity and education activities to prevent illegal fund-raising.
The news media should carry out public welfare propaganda to prevent illegal fund-raising and supervise illegal fund-raising by public opinion according to law.
Sixteenth acts of suspected illegal fund-raising, any unit or individual has the right to report to the lead department or other relevant departments, and deal with illegal fund-raising according to law.
The state encourages the reporting of suspected illegal fund-raising. The lead department and other relevant departments dealing with illegal fund-raising shall publicly report the telephone number and e-mail, set up a report column on the government website, accept the report, deal with it in time according to law, and keep the informant confidential.
Seventeenth residents' committees and villagers' committees shall report to the local people's government, the lead department in handling illegal fund-raising or other relevant departments if they find any suspected illegal fund-raising behavior in their own areas.
Article 18 If the lead department, the competent industry department and the regulatory department dealing with illegal fund-raising find that there may be risks of illegal fund-raising in their respective administrative areas or industries and fields, they have the right to conduct warning interviews with relevant units and individuals and order them to make rectification.
Chapter III Disposal
Nineteenth of the following acts within their respective administrative areas, suspected of illegal fund-raising, the lead department to deal with illegal fund-raising shall promptly organize the relevant industry authorities, regulatory authorities and branches of the State Council financial management department to investigate and identify:
(a) the establishment of Internet enterprises, investment and investment consulting enterprises, various trading places or platforms, farmers' professional cooperatives, mutual funds organizations and other organizations to absorb funds;
(2) Issuing or transferring equity and creditor's rights, raising funds, selling insurance products, or absorbing funds in the name of engaging in various asset management, virtual currency, financial leasing business, etc.;
(three) in the sale of goods, services, investment projects and other commercial activities. Absorb funds in the form of promising to pay monetary, equity, physical and other returns;
(four) in violation of laws, administrative regulations or the relevant provisions of the state, through the mass media, instant messaging tools or other means to publicly spread the information of absorbing funds;
(5) Other acts suspected of illegal fund-raising.
Twentieth suspected illegal fund-raising behavior across administrative regions, illegal fund-raising as a unit, organized by the lead department of illegal fund-raising registration investigation; If the illegal fund-raiser is an individual, the lead department that disposes of illegal fund-raising at his domicile or habitual residence shall organize investigation and determination. The place where illegal fund-raising occurs, the place where fund-raising assets are located and the place where fund-raising participants are located shall cooperate with the investigation and determination.
If the lead department in handling illegal fund-raising is controversial about the responsibility identified by the organization investigation, it shall be identified by the lead department in handling illegal fund-raising at a higher level; If there is any dispute over the responsibilities of organizing investigation and determination across provinces, autonomous regions and municipalities directly under the Central Government, it shall be decided by the joint meeting.
Twenty-first disposal of illegal fund-raising lead departments to organize the investigation of suspected illegal fund-raising behavior, can take the following measures:
(1) Entering a place suspected of illegal fund-raising for investigation and evidence collection;
(two) to ask the units and individuals related to the investigated events and ask them to explain the relevant matters;
(3) consulting and copying documents, materials and electronic data related to the investigated incident, and sealing up documents, materials and electronic equipment that may be transferred, concealed or damaged;
(four) with the approval of the main person in charge of the lead department for handling illegal fund-raising, inquire about the relevant accounts suspected of illegal fund-raising according to law.
The number of investigators shall not be less than 2, and they shall show their law enforcement certificates.
Units and individuals related to the incident under investigation shall cooperate with the investigation and shall not refuse or obstruct it.
Article 22 The lead department dealing with illegal fund-raising shall organize an investigation on the suspected illegal fund-raising behavior, and have the right to demand that the fund-raising behavior be stopped, and notify the market supervision and management department or other relevant departments to suspend the establishment, change or cancellation of registration of the relevant units suspected of illegal fund-raising.
Twenty-third found illegal fund-raising, the disposal of illegal fund-raising lead department shall order illegal fund-raisers and illegal fund-raisers to immediately stop illegal activities; If a suspected crime is found, the case shall be transferred to the public security organ in a timely manner in accordance with the regulations, and the relevant work shall be done in coordination.
The investigation and determination of illegal fund-raising by administrative organs is not a necessary procedure for investigating criminal responsibility according to law.
Twenty-fourth according to the needs of the disposal of illegal fund-raising, the lead department for the disposal of illegal fund-raising may take the following measures:
(1) Seal up the relevant business premises and seal up or detain the relevant assets;
(2) Ordering illegal fund-raisers and illegal fund-raisers to recover and sell relevant assets at a different price and repay the fund-raisers;
(3) After the lead department of the local people's government at or above the municipal level with districts makes a decision on illegal fund-raising, it shall notify the entry-exit frontier inspection organ in accordance with the provisions, and restrict the controlling shareholders, actual controllers, directors, supervisors, senior managers and other persons directly responsible for illegal fund-raising from leaving the country.
The measures specified in the first and second paragraphs of the preceding paragraph shall be approved by the main person in charge of the lead department for handling illegal fund-raising.
Twenty-fifth illegal fund-raisers, illegal fund-raisers shall repay the fund-raisers. The repayment process is supervised by the lead department dealing with illegal fund-raising.
No unit or individual may obtain economic benefits from illegal fund-raising.
The losses suffered by participating in illegal fund-raising shall be borne by the fund-raising participants themselves.
Twenty-sixth sources of repayment funds include:
(a) the balance of illegal fund-raising;
(two) the conversion of illegal fund-raising income or other assets and their income;
(3) The economic benefits obtained by illegal fund-raisers and their shareholders, actual controllers, directors, supervisors, senior managers and other relevant personnel from illegal fund-raising;
(four) illegal fund-raising funds or related assets hidden or transferred by illegal fund-raisers;
(5) Economic benefits such as advertising fees, endorsement fees, agency fees, benefit fees, rebate fees, commissions and commissions obtained from illegal fund-raising;
(six) other assets that can be used as repayment funds.
Twenty-seventh enterprises, individual industrial and commercial households and farmers' professional cooperatives established for illegal fund-raising shall have their business licenses revoked by the market supervision and management department. Internet applications such as websites set up for illegal fund-raising and mobile applications developed shall be shut down by the telecommunications authorities according to law.
Twenty-eighth the State Council financial management departments and their branches, relevant departments of local people's governments and other relevant units and individuals shall give support and cooperation to the disposal of illegal fund-raising.
No unit or individual may obstruct or hinder the disposal of illegal fund-raising.
Twenty-ninth in the process of dealing with illegal fund-raising, the relevant local people's governments should take effective measures to maintain social stability.
Chapter IV Legal Liability
Thirtieth for illegal fund-raising, the lead department dealing with illegal fund-raising shall impose a fine of more than 20% and less than 0 times the amount of illegal fund-raising. If the illegal fund-raiser is a unit, it may also be ordered to stop production and business according to the seriousness of the case, and the relevant authorities shall revoke the license, business license or registration certificate according to law; Give a warning to its legal representative or principal responsible person, the directly responsible person in charge and other directly responsible personnel, and impose a fine of not less than 500,000 yuan but not more than 5 million yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-first illegal fund-raising assistants shall be given a warning by the lead department dealing with illegal fund-raising, and shall be fined 0 times to 3 times the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-second illegal fund-raisers, illegal fund-raisers can not fulfill the obligation to repay the fund-raiser and pay the fine at the same time, the fund-raiser shall be repaid first.
Thirty-third illegal fund-raisers who are subject to administrative punishment in accordance with these regulations shall be established by the relevant departments, and their credit records shall be incorporated into the national credit information sharing platform in accordance with regulations.
Article 34 If an Internet information service provider fails to fulfill its obligation to prevent and dispose of information suspected of illegal fund-raising, the relevant competent department shall order it to make corrections, give a warning and confiscate its illegal income; Those who refuse to make corrections or the circumstances are serious shall be fined from 6,543,800 yuan to 500,000 yuan, and may be ordered to suspend business, suspend business for rectification, close the website, revoke the relevant business license or revoke the business license according to the seriousness of the case, and the directly responsible person in charge and other directly responsible personnel shall be fined from 6,543,800 yuan to 6,543,800 yuan.
Advertising agents and publishers who fail to check the relevant certification documents and check the contents of advertisements in accordance with the provisions shall be ordered by the market supervision and management department to make corrections and be punished in accordance with the provisions of the Advertising Law of People's Republic of China (PRC).
Thirty-fifth financial institutions and non-bank payment institutions fail to fulfill their obligations to prevent illegal fund-raising, and the financial management department of the State Council or its branches shall, in accordance with the division of responsibilities, order them to make corrections, give them a warning and confiscate their illegal income; If serious consequences are caused, a fine of 6,543,800+0,000 yuan and 5,000,000 yuan shall be imposed, and the directly responsible person in charge and other directly responsible personnel shall be given a warning, and a fine of 6,543,800+0,000 yuan and 500,000 yuan shall be imposed.
Thirty-sixth units and individuals related to the incident under investigation do not cooperate with the investigation and refuse to provide relevant documents, materials and electronic data. Or provide false documents, materials and electronic data. , the lead department dealing with illegal fund-raising shall order it to make corrections, give a warning and impose a fine of 50,000 yuan to 500,000 yuan.
Obstructing investigators from performing their duties according to law, which constitutes a violation of public security administration, shall be punished by public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 37 Any functionary of a state organ who commits any of the following acts shall be punished according to law:
(a) knowing that the supervisor and the supervision unit are suspected of illegal fund-raising and failing to deal with it in time according to law;
(2) Failing to perform the duties of preventing illegal fund-raising in time in accordance with the provisions, or failing to cooperate with the disposal of illegal fund-raising, thus causing serious consequences;
(three) in the process of preventing and dealing with illegal fund-raising, abuse their powers, neglect their duties and engage in malpractices for selfish ends;
(4) supporting, sheltering or conniving at illegal fund-raising through official behavior or taking advantage of authority.
If the acts listed in the preceding paragraph constitute a crime, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Thirty-eighth provinces, autonomous regions and municipalities directly under the central government may formulate detailed rules for the prevention and disposal of illegal fund-raising according to these regulations.
Article 39 Those who engage in financial business activities such as issuing loans, payment and settlement, bill discounting, etc. without legal permission or in violation of national financial management regulations shall be dealt with by the the State Council financial management department or the local financial management department according to the division of supervision and management responsibilities.
Where there are no clear provisions in laws and administrative regulations on the prevention and disposal of other illegal financial business activities, the relevant provisions of these Regulations shall apply. The specific types of other illegal financial business activities shall be determined by the financial management department of the State Council.
Article 40 These Regulations shall come into force on May 1 20265438. 1July 998 13 The Measures for Banning Illegal Financial Institutions and Illegal Financial Business Activities promulgated by the State Council shall be abolished at the same time.
legal ground
Article 1 of 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 (Law Interpretation [20 10]No. 18) stipulates that those who have these four acts at the same time illegally absorb public deposits: First, they are not approved by the relevant departments; Second, publicize it to the public through channels including the Internet; Third, promise to give a return within a certain period of time; Fourth, non-specific financing.
According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdiction over Criminal Cases (II), individuals who raise more than 200,000 yuan or raise more than 30 people, or cause direct losses to depositors of more than 654.38 million yuan, will bear criminal responsibility. For the unit, the "starting price" for investigating criminal responsibility is to raise funds100000 yuan or more, and raise funds 150 people or more; It caused more than 500,000 losses to depositors.