Legal analysis: It is illegal for a company not to raise funds through the board of directors or the shareholders' meeting. However, there is usually no formal notice or formal document of resolution for the company to lend money to employees, especially for enterprises with individual shareholders, the boss is basically in charge, so it will become ordinary private lending, and it is legal for individuals to lend money to the company, and it is also legal for individuals to lend money to individuals. Therefore, the company raises funds from employees and other specific personnel for production and operation, which is generally a legal private lending relationship. However, if employees and employees' relatives and friends know that they are absorbing funds from unspecified objects without stopping them, they may also turn into illegal fund-raising crimes.
Legal basis: Article 12 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, if the borrower's or lender's lending behavior is suspected of committing a crime, or the effective judgment finds that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract is not necessarily invalid. The people's court shall, in accordance with the provisions of Articles 144, 146, 153 and 154 of the Civil Code and Article 13 of these Provisions, determine the validity of private lending contracts. If the guarantor claims not to bear civil liability on the grounds that the borrower's or lender's lending behavior is suspected of committing a crime or is found to constitute a crime by an effective judgment, the people's court shall determine the civil liability of the guarantor according to the effectiveness of the private lending contract and the guarantee contract and the degree of fault of the parties.
article 176 of the criminal law of the people's Republic of China illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only 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 three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years and fined. 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. Whoever commits the acts mentioned in the preceding two paragraphs and actively returns stolen goods and compensation before initiating public prosecution to reduce the occurrence of damage results may be given a lighter or mitigated punishment.
1. What is fund investment?
Fund investment means that investors put money into a portfolio managed by a professional investment manager to gain incom