I failed to invest with my friends. Can I sue him for his money back?

Investment funds can be sued, but if the investment funds are used for investment losses, it is generally not actionable, and the investment losses are borne by the parties themselves. However, if the other party has any illegal operation in the investment process, it can be recovered through prosecution because such behavior infringes on its legitimate rights and interests.

Autonomy according to the will depends on the agreement with friends. If the agreement is a loan loss, you can get it back, and vice versa.

1. What is the maximum penalty for the loan contract?

There is no mandatory provision for the upper limit of liquidated damages in the loan contract, but when the agreement is too high, the court will reduce it as appropriate during the trial. The basis of the specific judgment is as follows: First, according to the current effective judicial interpretation, the interest rate of private lending is not protected by law, and the interest rate exceeding 36% per annum is invalid. However, if the interest paid by the borrower has exceeded the annual interest rate by 24% and is less than the annual interest rate by 36%, the borrower has no right to demand the return; if the interest paid exceeds the annual interest rate by 36%, the borrower may demand the return. Secondly, if the parties agree on interest and liquidated damages in the loan contract, the total amount of interest and liquidated damages shall not exceed 24% of the annual interest rate, and the excess shall be handled according to the above points.

1. The cheated investment project failed, and the amount of fraud reached the filing standard. If the police file an investigation, they can recover it; According to the relevant regulations of the Supreme People's Procuratorate and the Ministry of Public Security, the purpose is illegal possession. In the process of signing and performing the contract, anyone who defrauds the other party of property shall be prosecuted if he is suspected of one of the following circumstances:

(1) Individuals defraud public or private property, and the amount is more than 5,000 yuan to 20,000 yuan;

(2) The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is between 50,000 yuan and 200,000 yuan.

2. Call the police in time, but if you can't reach the filing standard, you can't return it. Because this is a business risk and unpredictable. If the victim fails to invest because of being cheated, it is a criminal case and the perpetrator is suspected of fraud. The public security organ will recover the criminal's property after finding the suspect and confirming that the situation is true.

3. Online investment has been cheated, provided that you report to the police immediately when you encounter online investment fraud, keep a series of evidence such as transfer records with criminals, and actively cooperate with the police investigation. After the police investigate and solve the case, they can recover the money cheated by the victim.

Second, the method of reporting online fraud:

1. Keep all documents related to fraudsters as much as possible, such as e-mail, bank draft, SMS, etc.

2. Record your cheating in writing;

3. Report to the local public security organ, the criminal police organ, the public information network security supervision organ or the police station with their own cheated experience and cheated documents, and the police will make a report record;

4. With the help of the local public security organ, hand over the case and related materials (such as the location of the fraudster's mobile phone, website maintenance, etc.) to the local public security organ for further investigation.

Third, how to inherit the equity?

The inheritance of equity first depends on whether there are corresponding provisions in the articles of association. If the company's articles of association have exceptions to the qualifications of heirs, the heirs of deceased shareholders naturally cannot become shareholders of the company. On the contrary, it can be inherited.

Equity inheritance shall follow the following principles:

1, and the equity inheritance shall conform to the Articles of Association;

2. Respect the will of the decedent;

3. Respect the wishes of the heirs and the original shareholders of the company;

4. Inherit the equity in accordance with the provisions of the company's equity transfer.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 3 The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.

Article 4 This Law must be observed in civil litigation within the territory of People's Republic of China (PRC).

Article 5 Foreigners, stateless persons, foreign enterprises and organizations shall enjoy the same litigation rights and obligations as citizens, legal persons and other organizations in People's Republic of China (PRC) when they bring a lawsuit or respond to a lawsuit in a people's court.

If a foreign court restricts the civil litigation rights of citizens, legal persons and other organizations in People's Republic of China (PRC), the people's court of People's Republic of China (PRC) shall implement the principle of reciprocity for the civil litigation rights of citizens, enterprises and organizations in that country.