Current location - Loan Platform Complete Network - Loan intermediary - Is it illegal for the boss to let employees buy shares?
Is it illegal for the boss to let employees buy shares?
If an enterprise allows employees to become shareholders, they will enjoy the legitimate rights and interests of shareholders, which is legal and does not constitute illegal fund-raising. However, if the boss lets the employee take shares in order to illegally occupy the fund-raising funds of the employee, and the subsequent boss absconds with the funds and brings losses to the employee, this behavior belongs to illegal fund-raising, which constitutes the crime of fraud and bears criminal responsibility.

1. Is it illegal for the boss to let employees buy shares?

Enterprise fund-raising refers to the act of raising funds from the society or employees within the enterprise. Generally speaking, enterprises raise funds by issuing corporate bonds to the public or internal bonds to internal employees. If the employee voluntarily shares, the company gives the share certificate and the shareholders' rights stipulated by the company, it is not illegal fund-raising. As a shareholder, you can consult the company's financial books according to law. However, if the purpose is illegal possession, employees squander or transfer the fund-raising funds after becoming shareholders, which constitutes illegal fund-raising.

Second, the means of illegal fund-raising

(1) promises high returns and fabricates the myth of "pie falling from the sky" and "getting rich overnight". Lure is the only way for all fraudsters to deceive the masses. In order to attract more people, criminals often promise investors high returns in the form of rewards and points rebates. In order to defraud more people to participate in fund-raising, illegal fund-raisers start by paying the principal and interest of early investors in full and on time, then rob Peter to pay Paul, and use the money of late fund-raisers to pay the principal and interest of early stage. After reaching a certain scale, they secretly transfer funds and abscond with the money.

(2) fabricating false projects or concluding trap contracts to deceive the masses into the quagmire step by step. The criminals defrauded the people of funds in the name of planting cactus, spirulina, aloe, pitaya, Cordyceps sinensis, breeding ants, black guinea pigs, sika deer and recycling poultry; Some attract public deposits in the name of developing so-called high-tech products; Some fabricate false projects such as afforestation and fund-raising to build houses to defraud the masses of "shares"; Some promise high fixed income and absorb public deposits through the way of store leaseback.

(3) Confuse the concept of investment and financial management, and let the masses lose their judgment in the face of dazzling new terms. Some criminals use new terms such as electronic gold, investment funds and online hype to confuse the masses and pretend to be new investment tools or financial products; Some use monopoly, agency, franchise chain, consumption value-added rebate, e-commerce and other new business methods to deceive people's investment.

(4) whitewash the peace, and use the legal coat or celebrity effect to defraud the people's trust. In order to put a legal cloak on criminal activities, criminals often set up companies, go through complete business licenses, tax registration and other procedures to cover up their illegal purposes, without actually operating or investing in projects. These companies increase publicity by renting office space in luxury office buildings and hiring celebrities to advertise, so as to cheat people's trust.

(5) Using the Internet to commit crimes and evade attacks through virtual space. Criminals rent overseas servers to set up websites or set up websites in different places, and generally use code names or screen names to develop their heads. Some also spread false information through websites, blogs, forums and other online platforms and instant messaging tools such as QQ and MSN to trick the masses into being fooled. Once checked, the website will be closed quickly, and the following lines will abscond with money in the name of not operating according to the rules. Before absconding, the so-called notice was issued, asking the offline personnel to remember their performance and promising to return the rebate in the future to stabilize the deceived people.

(6) expanding the victim groups by means of mental, personal coercion or family deception. Many illegal fund-raising participants are persuaded by relatives and friends with low risks and high returns. Criminals often use relatives, friends, fellow villagers and other relationships to lure them with high interest rates and illegally obtain funds. Under the mental brainwashing or physical coercion of the MLM organization, some MLM personnel who joined in order to complete or increase their political achievements did not hesitate to use family relations and geographical relations to attract relatives, friends, classmates or neighbors to join, and some even spared their parents, spouses and children, resulting in family relations turning against each other and causing human tragedies.

If an enterprise allows employees to become shareholders, they will enjoy the legitimate rights and interests of shareholders, which is legal and does not constitute illegal fund-raising. However, if the boss lets the employee take shares in order to illegally occupy the fund-raising funds of the employee, and the subsequent boss absconds with the funds and brings losses to the employee, this behavior belongs to illegal fund-raising, which constitutes the crime of fraud and bears criminal responsibility.