1. What are the principles for handling illegal fund-raising?
1, government-led. The provincial people's government is responsible for the disposal of illegal fund-raising. The people's governments of all provinces (autonomous regions and municipalities directly under the Central Government) shall take overall responsibility for the disposal of illegal fund-raising within their respective jurisdictions, and guide, organize and coordinate relevant departments to do a good job in the disposal of illegal fund-raising.
2. Territorial management. The investigation and handling of illegal fund-raising cases shall be subject to territorial management, and the provincial people's governments involved shall organize relevant departments to do a good job in the acceptance, investigation, filing, identification and after-treatment of cases.
3. investigate and deal with it according to law. The people's governments at the provincial level and the main (supervisory) departments of various industries should investigate and deal with illegal fund-raising activities in accordance with the division of responsibilities and work authority, so that the facts are clear, the evidence is conclusive, the nature is accurate, and it is disposed of according to law.
4. Timely and decisive. The provincial people's governments and the main (supervisory) departments of various industries should strengthen the monitoring of suspected illegal fund-raising activities, so as to achieve early detection, early reporting, early warning and early disposal, and prevent the spread of illegal fund-raising activities from the source.
5. Cooperation and cooperation. The provincial people's government and the main (supervision) departments of various industries should strengthen communication, cooperate closely, exchange information and share resources in the disposal of illegal fund-raising, and form a joint force for disposal.
Second, how to clean up illegal fund-raising?
The repayment of fund-raising funds shall be made in proportion to the remaining funds after cleaning up and the funds of fund-raising participants. For cross-regional cases, the lead provincial people's government is responsible for determining the unified repaying ratio. Losses incurred due to participation in illegal fund-raising activities shall be borne by the fund-raising participants themselves. Fiftieth repaying fund-raising work can be carried out according to the following procedures:
1. Coordinate relevant banks to sign entrusted fund-raising agreements, and clarify fund-raising and fund-raising operation procedures.
2, unsealed, merged repaying funds.
3, the implementation of repaying.
3. What are the characteristics of illegal fund-raising?
1, without the approval of relevant departments according to law, including fund-raising without the approval of departments with approval authority; The department with the power of examination and approval ultra vires to approve fund-raising, 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.
3. Raise funds from unspecified social objects. The "unspecified object" here refers to the public, not a specific minority.
4. 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 behavior of illegal fund-raising is generally to lure others, and those who have the opportunity to get a lot of income through less expenditure can get a bigger income. As long as an individual buys or reports a civil subject, or the unit has such behavior, the public security organ will intervene in the investigation, because illegal fund-raising is an act that violates the criminal law.
legal ground
Regulations on Prevention and Disposal of Illegal Fund-raising
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 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.