1. Does rebate count as illegal fund-raising?
Return profit is illegal fund-raising. The way this business model continues to operate is to constantly attract consumers to enter shopping websites for consumption, and use the funds invested by late consumers to pay the rebates of early consumers. This business model belongs to the act of absorbing public deposits in disguise, and Shen and others should be investigated for criminal responsibility for illegally absorbing public deposits. 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.
It is common to issue shares, bonds, lottery tickets, investment funds and other rights certificates in the name of futures trading, pawn, etc. or illegally raise funds. Illegal fund-raising by claiming shares, participating in dividends, entrusting investment, entrusting financial management, etc. Illegal fund-raising through membership cards, membership cards, seat cards, discount cards, consumption cards, etc.
(2) Divide real estate, real estate and other assets into equal parts, and raise funds at high interest rate by selling their shares.
The latest change is: illegal fund-raising by selling its share and promising to sell it for leaseback, after-sale repurchase and regular rebate.
(3) Illegal fund-raising in the form of folk clubs.
Recent changes: using banks to raise funds.
(four) illegal fund-raising in the form of signing economic contracts such as commodity distribution.
Common ones are: illegal fund-raising by means of commodity sales and leaseback, repurchase and transfer, membership development, business joining and "quick integral method".
(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.
For example, illegal fund-raising is carried out in the name of planting, breeding, project development, manor development and eco-environmental investment.
(eight) the use of modern electronic network technology to build "electronic shops", "electronic department stores" and other "virtual" products to invest in entrusted operations, repurchase and other illegal fund-raising activities.
(nine) illegal fund-raising by setting up investment funds through the Internet;
(10) Illegal fund-raising in the form of "electronic gold investment".
Second, 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. Debt service is mainly in the form of money, but there are also physical and other forms.
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 legal treatment of illegal fund-raising in China is very clear, and the relevant situation should be handled in accordance with the procedures prescribed by law. Rebate is also a specific form of illegal fund-raising, which needs to be punished according to the actual damage caused by illegal fund-raising, and the specific situation depends on the actual situation.