1, without the approval of relevant departments according to law, including fund-raising without the approval of departments with approval authority; The department with the power of examination and approval ultra vires to examine and 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. In addition to monetary forms, there are also physical forms and other forms of debt service.
3. Raise funds from unspecified social objects. The "unspecified object" here refers to the public, not a specific minority.
4. 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.
Extended data:
The main means of illegal fund-raising
1, illegally issuing securities. The Implementation Plan of China People's Bank on Rectifying Illegal Fund-raising, Approving the Establishment of Financial Institutions and Illegally Operating Financial Services (1July 29, 998) stipulates: "In accordance with the provisions of relevant laws and administrative regulations, enterprises must obtain the approval of the competent department of the State Council for raising funds by publicly issuing stocks and corporate bonds."
At the same time, it is stipulated: "Without approval, it is not allowed to break through the issuance plan without authorization, and it is not allowed to set up or approve the issuance of unplanned bonds without authorization. Those who violate the regulations shall be investigated for legal responsibility in accordance with the Regulations on the Administration of Corporate Bonds. " If the above "Implementation Plan" is strictly interpreted.
At this stage, the operation of mortgage-backed security in China is likely to be identified as suspected of illegal fund-raising by relevant departments before the introduction of specific regulations.
2. Illegally issuing creditor's rights certificates to unspecified social objects. This is a common case of illegal fund-raising, mainly because illegal fund-raisers raise funds by issuing creditor's rights certificates to unspecified social objects and promising to pay high returns when due.
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