It is illegal to open bills privately, which infringes on the rights and interests of the company and constitutes an unauthorized agency behavior. For bona fide third parties, the company needs to pay the bill. This is a civil act, and the company can recover the loss, with no limit on the amount. The crime of misappropriating funds constitutes a criminal offence. Once reported to the public security bureau, it cannot be revoked. Those who have been forgiven may be given a mitigated punishment. If the amount is not large and has been returned, there is no need to file a case. The crime of misappropriating funds refers to the behavior of employees of companies, enterprises or other units who use their positions to misappropriate the funds of their own units for personal use or lend them to others, and the amount is relatively large, which has not been paid back for more than three months, or although it has not exceeded three months, the amount is relatively large, with profit-making or illegal purposes.
The crimes of misappropriation of funds, misappropriation of public funds, misappropriation of trust property and illegal use of funds refer to the fact that the staff of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions take advantage of their positions to misappropriate the funds of their own units or customers, and are convicted and punished in accordance with the regulations.
The subject of the act must be the staff of a company, enterprise or other unit (the same as the subject of the crime of occupational embezzlement). According to the judicial interpretation, non-state staff entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property misappropriate state-owned funds for personal use by taking advantage of their positions, which constitutes a crime, should be convicted and punished for misappropriation of funds. The general staff of a one-man company can also be the subject of this crime, but the misappropriation of shareholders' funds itself should not be considered as this crime.
Legal basis: Article 272 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his unit for personal use or lends them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not exceeded three months, the amount is relatively large, and he is engaged in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.