Three characteristics of illegal fund-raising
Illegal fund-raising needs to meet three requirements at the same time: first, "without the legal permission of the State Council financial management department or in violation of national financial management regulations", that is, illegality; Second, "promise to repay the principal and interest or give other investment returns", that is, inducement; The third is "absorbing funds from unspecified objects", which is sociality.
1. Violation of the law: "Without the legal permission of the State Council financial management department or in violation of national financial management regulations", the State Council financial management department is "one line, two sessions and one bureau" (one line is the People's Bank of China, two sessions are the China Banking Regulatory Commission and the China Securities Regulatory Commission, and one bureau is the Administration of Foreign Exchange). According to the current law, all acts of absorbing funds from unspecified objects (such as absorbing deposits, publicly issuing securities, publicly raising funds, selling insurance, etc.). ) must be approved by the financial management department of the State Council according to law.
2. Incentives: illegal fund-raising generally promises to repay the principal and interest. The wealth management products of formal financial institutions do not promise to protect the principal and income.
3. Sociality: "Absorb funds from unspecified objects". The "unspecified object" is the public. According to Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising, it is not illegal fund-raising to absorb funds from specific relatives and friends or units without publicity to the society.
Legal basis:
Article 192 of the criminal law
Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 30 of the Regulations on the Prevention and Disposal of Illegal Fund-raising
For illegal fund-raisers, the lead department dealing with illegal fund-raising shall impose a fine of more than 20% 1 times of the fund-raising amount. If the illegal fund-raiser is a unit, it may also be ordered to stop production and business according to the seriousness of the case, and the relevant authorities shall revoke the license, business license or registration certificate according to law; Give a warning to its legal representative or principal responsible person, the directly responsible person in charge and other directly responsible personnel, and impose a fine of not less than 500,000 yuan but not more than 5 million yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31 of the Regulations on the Prevention and Disposal of Illegal Fund-raising
To assist in illegal fund-raising, the lead department dealing with illegal fund-raising shall give a warning and impose a fine of more than 3 times the illegal income 1 times; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 of the Regulations on the Prevention and Disposal of Illegal Fund-raising
When illegal fund-raisers and illegal fund-raisers cannot fulfill the obligations of repaying the fund-raiser and paying the fine at the same time, they should repay the fund-raiser first.