Guo Mu, 35, was sentenced to 5,438+0 years and 6 months in 2006 and 4 months in 2008 1 year, and 1 year in prison. In June this year, Guo Mu registered and established Weifang Guo Mu Real Estate Co., Ltd. in Gaomi in the name of his wife, with a registered capital of100000, and its business scope is "engaging in real estate development and real estate sales with valid qualification certificates". Seven days later, only 60 yuan was left in his registered company account. At this time, Dongsheng Coking Gas Co., Ltd., Taiyuan City, Shanxi Province (hereinafter referred to as Shanxi Company) is in urgent need of operating funds and is ready to obtain funds by discounting bank acceptance bills. So he made an appointment with Guo Mu through a matchmaker. After negotiation, Guo Mu received the bank acceptance bill of Shaanxi Company at a discount fee of 4.8% of the amount of the acceptance bill. However, in the process of discounting this batch of acceptance bills, Guo Mu used 4.95%-5.3% of the face value as the discounting fee for the discounting party to deduct, and the discounting fee was obviously higher than the fee price booked with Shaanxi Company. By the time of the incident, the acceptance bill of Shanxi Company had been discounted at a low price through a friend, but Fu paid only about 5 million yuan to Shanxi Company after receiving the discounted money paid by the discounter.
According to the prosecutor, according to the third paragraph of Article 225 of the Criminal Law of People's Republic of China (PRC), illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business, without the approval of relevant state authorities, constitutes the crime of illegal business operation.
Question 2: Is it illegal to handle acceptance bills? This is not allowed by law. Acceptance bills can only be handled by banks with relevant qualifications.
Question 3: Is it illegal for individuals to buy and sell acceptance bills? This is illegal.
The crime of bill fraud is a serious crime. Although the criminal law amendment abolished the death penalty for bill fraud, if the circumstances are serious, it can still be sentenced to life imprisonment. Except for commercial banks, no one may engage in bill discount activities. If the holders of premature bank acceptance bills need funds, they can apply to commercial banks for discount, and the discount rate is much lower than that of private transactions. Within the existing legal framework, there are legal channels for bills to be exchanged for cash: bills can be pledged and can be financed through legal private lending. The effect of the two is the same, the only difference is that private bill transactions are illegal, while pledge financing is legal.
Question 4: Is it illegal to buy and sell bank acceptance bills? Of course it's illegal. Acceptance bills are payment and settlement tools for trade and labor services. If you want to pay the corresponding consideration, you must have no real trading background.
Question 5: How to make profits by reselling acceptance bills? Earn the interest difference by using the interest difference between buying and selling.
Question 6: Is it illegal to resell bank acceptance bills? 5 points may be suspected of committing a crime. According to the provisions of Article 225 of the Criminal Law of People's Republic of China (PRC) and the fifth amendment to the Criminal Law Amendment (VII), anyone who violates state regulations and commits one of the following illegal business operations, disrupting market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (3) Illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent department of the state.
Question 7: Is it illegal to resell acceptance bills? This is not allowed by law. Acceptance bills can only be handled by banks with relevant qualifications.
Question 8: What are the legal consequences of buying and selling bank acceptance bills privately? According to the relevant laws and regulations of our country, legal persons and other organizations can only use bank acceptance bills when they open deposit accounts in banks, and they must have real transaction relationships or creditor-debtor relationships. Bank acceptance bills cannot be endorsed and transferred to individuals. Endorsement transfer of bank acceptance bills: endorsement transfer does not require the consent of the bill debtor. When a bill is endorsed and transferred, the actor does not need to send a notice to the debtor of the bill, nor does he need to get a promise from the debtor of the bill. As long as the holder completes the endorsement, it constitutes an effective transfer of bill rights. The transferor of endorsement transfer does not withdraw from the bill relationship. After the endorsement transfer, the transferor does not withdraw from the bill relationship, but changes from the former bill holder to the bill debtor, and assumes the responsibility of guaranteeing acceptance and payment. Endorsement shall not be conditional. According to the provisions of the Negotiable Instruments Law, if there are conditions attached to the endorsement, the attached conditions have no effect on the instrument. A bank acceptance bill is a bill in which a depositor opens a deposit account in an accepting bank, applies to the opening bank and is accepted by the opening bank, and guarantees to unconditionally pay a certain amount to the payee or holder on a specified date. The drawer of a bank acceptance bill must meet the following conditions: legal persons and other organizations that open deposit accounts in the acceptance bank; Having a true entrusted payment relationship with the accepting bank; It has a good reputation and a reliable source of funds for paying bills.
Question 9: Bank acceptance bill reselling transaction process is called bank acceptance bill discounting, not bill reselling transaction-acceptance bill discounting means that the payee transfers the bill to the transferee (discounting party) through endorsement, and the transferee (discounting party) pays the cash to the transferor, of course deducting discount interest and handling fee.
Foreign countries allow individuals (natural persons) to do bill discount business, but domestic countries should check Bill Law to see if individual operations are allowed. If it is not allowed in China, then personal discount is illegal. If allowed, it is not illegal.
Question 10: What kind of behavior is illegal for people to buy and sell acceptance bills? According to the law, only one act of buying and selling bills is allowed, that is, selling them to banks that can handle discount business. Other transactions are not recognized, that is, the buyer cannot obtain the right to the bill.