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How to define illegal fund-raising in private lending?
1. Private lending refers to lending between citizens, between citizens and legal persons, and between citizens and other organizations. As long as the intentions of both parties are true, it can be considered as valid, and the mortgage generated by the loan is also valid accordingly, but the interest rate shall not exceed the relevant interest rate stipulated by the People's Bank of China.

2. 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.

3. Private lending is divided into private individual lending activities and lending between citizens and financial enterprises. Private individual lending activities must strictly abide by the relevant provisions of national laws and administrative regulations, and follow the principles of voluntary mutual assistance, honesty and credit. In a narrow sense, private lending refers to the civil legal act of citizens borrowing money or other valuable securities according to the agreement. In addition to the above, folk lending in a broad sense also includes money or securities lending between citizens and legal persons and between citizens and other organizations. In real life, it usually refers to private lending in a narrow sense.

Characteristics of illegal fund-raising:

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. Debt service is mainly in the form of money, but there are also physical and other forms.

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.

Through financial institutions, banks, bonds, funds, insurance, charitable donations, etc. The state manages and supervises according to law, absorbs the idle surplus funds of society and individuals, ensures the dynamic circulation of the financial system, ensures the stability of the financial market, safeguards the national economic development, avoids and guards against various expected risks inside and outside the financial system, and controls the risks within the controllable range.

Fund-raising is a naive product of the initial stage of the development of the national financial system.

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