The act of absorbing funds from the public (including units and individuals) in violation of national financial management regulations, which meets the following four conditions at the same time, shall be deemed as "illegally absorbing public deposits or absorbing public deposits in disguised form" as stipulated in Article 176 of the Criminal Law, except as otherwise provided by the Criminal Law:
(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.
What is the dividing line between borrowing and illegal fund-raising?
It is not illegal or disguised to absorb public deposits by absorbing funds from relatives, friends or units to specific objects without publicity to the society.
This is the dividing line
Question 2: Is there a difference between illegal fund-raising and illegal financing? There are several differences between illegal fund-raising and illegal financing:
First, there is a difference between the minimum amount of illegal fund-raising and illegal financing:
1, fund-raising, as the name implies, is to obtain funds through "fund-raising", which means to obtain financing from at least two people.
2. Financing generally refers to obtaining financing through more than one entity;
Two. Similarities between illegal fund-raising and illegal financing:
1. Whether raising funds or financing, the funds are obtained from the outside;
2. Both are illegal;
Third, behavioral differences:
1, illegal fund-raising generally refers to the act of obtaining social funds beyond the upper limit of the number of legal financing objects; For example, the maximum number of shareholders of a limited liability company is 50, but if the company accepts investment of more than 50 people through equity financing, it can be characterized as illegal fund-raising.
2. Illegal financing is mainly reflected in "illegal", which generally refers to obtaining financing through illegal means, such as defrauding bank loans through certificates and related certificates, which is a kind of illegal financing.
Question 3: What is illegal fund-raising and how to define its characteristics?
First, without the approval of the relevant departments according to law, including the fund-raising without the approval of the examination and approval department, 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 above four conditions are met at the same time, which constitutes illegal fund-raising.
Question 4: What are the definitions of illegal fund-raising and illegal financing? Illegal fund-raising refers to the behavior that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in cash, in kind or in other ways within a certain period of time.
What you are talking about is not illegal fund-raising, but an ordinary civil act. As long as the housing agency fulfills its contractual obligations, it is a legal business behavior.
Question 5: What is financing? What is illegal financing? What is the law of illegal financing? Financing is a kind of financial management behavior that the company raises funds from investors and creditors of the company through certain channels through scientific prediction and decision-making according to its own production and operation conditions, capital ownership and the needs of the company's future operation and development, so as to ensure the company's normal production needs and management activities.
Illegal financing refers to individuals illegally absorbing public deposits, financing, and ultimately unable to pay, which constitutes a crime.
Violating the criminal law constitutes the crime of fund-raising fraud.
Question 6: What is illegal financing? Illegal fund-raising refers to the behavior that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in the form of money, kind and other income within a certain period of time. Illegal fund-raising often shows the following characteristics: first, it is not approved by 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 examine and approve fund-raising. The second is to 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. The third is to raise funds from unspecified objects in society. The "unspecified object" here refers to the public, not a specific minority. The fourth is to cover up the essence of illegal fund-raising in a legal form.
Project financing is a special financing method, which relies on the future cash flow of the project itself as a guarantee condition. Project financing has the following characteristics: 1, and at least the project sponsor, project company and fund provider participate. 2. The fund provider mainly relies on the project itself, and illegal financing is essentially different from it.
Project financing is a financing method with no recourse or limited recourse, that is, if the project cannot repay the loan funds in the future, the creditors can only get the benefits and assets of the project itself, but have no right to get their hands on other assets of the project sponsors. The main difference between project financing and traditional financing is that according to the traditional financing method, the lender lends money to the borrower, and then the borrower invests the borrowed money in a project, and the obligation to repay the debt is borne by the borrower. Lenders value the borrower's credit, operating conditions, capital structure, and the degree of assets and liabilities. , rather than the success or failure of the project he runs, because the borrower has other assets that can be used to pay off debts. However, according to the way of project financing, the sponsors or organizers of the project will generally set up a new project company to raise funds for the project, and the lender will directly lend the funds to the project company, not the project sponsor. In this case, the obligation to repay the loan is borne by the project company, not by the undertaker, and the lender's loan will be repaid from the income obtained after the project is put into production. Therefore, the lender values the economy, possibility and income of the project. The success or failure of the project is of decisive significance for the lender to recover the loan. The key to the success of the project is that the project company should have accurate and complete information sources and channels in the analysis and demonstration of investment projects, and conduct careful and meticulous research on the market.
To analyze and effectively organize the implementation capacity, we should fully understand and be familiar with the construction procedures of investment projects, foresee possible problems in project implementation and adopt corresponding countermeasures. These professional and highly technical jobs, and some large-scale international investment projects, are usually served as financial consultants by professional financial consulting companies. As an intermediary between fundraisers and investors in the capital market, financial consulting companies can make strict, scientific and technical financial planning for projects, form the smallest capital structure, and make rational investment decisions in the process of asset planning and investment by virtue of their understanding of the market and the advantages of professional financial analysts.
Question 7: Is financing legal or illegal? Make money by financing profit.
validity
Lost money in financing.
This is illegal.
Question 8: What is the definition of illegal fund-raising in private lending? Hello, Four Guarantees will answer your questions:
The operation performance of illegal fund-raising is that the guarantee company requires the wealth management customer to directly transfer the money to the account of the guarantee company or an employee account of Baogong company, instead of the wealth management customer directly transferring the money to the financing customer.
Question 9: What does illegal fund-raising mean? What is illegal fund-raising
At present, there is no only quasi-statutory concept about illegal fund-raising, and the criminal law does not stipulate the crime of illegal fund-raising. According to the criminal law, the crimes related to illegal fund-raising include: the crime of illegally absorbing public deposits, the crime of fund-raising fraud and so on.
According to the Notice on Banning Illegal Financial Institutions and Illegal Financial Business Activities (Yinfa [1999] No.41):
"Illegal fund-raising" means that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in cash, in kind or in other ways within a certain period of time.
Characterized in that:
First, without the approval of the relevant departments according to law, including fund-raising without the approval of the approving 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.
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.
What are the main types of illegal fund raising?
According to the relevant provisions of the Notice on Further Combating Illegal Fund Raising (Yinfa (1999) No.289), "illegal fund raising" can be summarized as follows:
(1) Absorb funds by issuing securities, membership cards or debt certificates.
(2) Divide real estate, real estate and other assets into equal parts, and raise funds at high interest rate by selling their shares;
(3) illegal fund-raising in the form of folk clubs;
(four) illegal fund-raising in the form of signing economic contracts such as commodity distribution;
(5) Issuing lottery tickets or issuing them in disguised form to raise funds;
(six) illegal fund-raising in the form of pyramid schemes or secret series;
(7) illegal fund-raising in the form of orchard or manor development.
It refers to the behavior that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in the form of money, kind and other income within a certain period of time.
How to identify illegal fund raising?
Illegal fund-raising has various forms, and it is more and more concealed and deceptive. How to identify and prevent illegal fund-raising? The relevant departments suggested that:
1. Pay attention to the nature and harm of illegal fund-raising, improve the recognition ability, and consciously * * * all kinds of temptations. Firmly believe that "there will be no pie in the sky", calmly analyze the investment projects with "high return" and "get rich quickly" to avoid being deceived.
2. According to the basic characteristics of illegal fund-raising, it mainly depends on whether the subject qualification is legal and whether the fund-raising activities are approved; Regardless of whether the return is promised or not, illegal fund-raising behavior generally has the characteristics of promising a certain proportion of fund-raising return.
We should strengthen the consciousness of rational investment. High investment is often accompanied by high risks, and irregular economic activities contain such great risks.
4 to enhance the awareness of participating in illegal fund-raising at your own risk. Illegal fund-raising is illegal, and the funds and related interests invested by those who participate in illegal fund-raising are not protected by law. Be careful to identify and invest.
Question 10: What is illegal financing? Is this illegal financing for me? Illegal financing, the most common is high-interest deposit, such as luring people with funds to deposit at an interest rate 5~ 15 times higher than that of bank deposits, or for other commercial purposes; It is not illegal for you to find someone to co-open a company and agree on shares according to everyone's capital contribution. If you promise others high returns instead of giving equity, then it is illegal financing.