Legal analysis
According to relevant laws and regulations, it is illegal for a company to let employees raise funds. First, for the production and operation of the company, an enterprise voluntarily borrows money from employees or even raises funds for employees, which is not harmful to society, but is conducive to internal unity and promotes enterprise development; Second, employees within the enterprise have information advantages for the company's business development and can better judge investment risks. Therefore, the judicial organs generally do not think that raising funds from employees constitutes a crime, and they are only suspected of committing a crime in a limited number of cases: in the process of absorbing funds from internal personnel of the unit, they know that they are internal personnel of the unit and absorb funds from unspecified objects. (Crime of illegally absorbing public deposits) For the purpose of absorbing funds, absorbing social personnel as internal personnel and absorbing funds from them. (Crime of illegally absorbing public deposits) Using the raised funds for non-corporate business purposes and obviously unable to repay them. (Crime of fund-raising fraud) According to the public publication of a star judge of the Supreme Court, a person who raises funds from employees and the public at the same time should not be considered as legal fund-raising and has been suspected of absorbing public deposits from unspecified personnel. Moreover, even if the funds of others other than employees are lent in the name of employees, there are cases where the "nominal investor" is inconsistent with the "actual investor", and there is a suspicion that the company knows or should know, which is considered to be a disguised absorption of public deposits.
legal ground
Article 192 of the Criminal Law of People's Republic of China (PRC), whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 2 of the Regulations on the Prevention and Control of Illegal Fund-raising 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 the State Council financial management department or violating the national financial management regulations. 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.