The losses suffered by participating in illegal fund-raising shall be borne by the fund-raising participants themselves?

On February/February/2002 10, the State Council promulgated the Regulations on the Prevention and Disposal of Illegal Fund Raising (hereinafter referred to as the Regulations on Illegal Fund Raising). The third paragraph of Article 25 of the Regulations on Illegal Fund Raising stipulates that "the losses suffered by fund-raising participants shall be borne by themselves."

As a result, some media are quoting this clause, which leads to some misunderstandings. Today, the legal eye scan will give you a detailed interpretation of the relevant provisions.

As we all know, illegal fund-raising has been repeatedly banned in recent years, involving more and more people and increasing amounts.

Once the person in charge of illegal fund-raising runs away, for example, a company in Shanghai participates in illegal fund-raising of tens of billions, the person in charge turns out to be a beautiful woman with a high degree of education around 30 years old, but the person has gone abroad, and thousands of people involved have suffered heavy losses.

Let me talk about the specific provisions of the Regulations.

Article 25 of the Regulations on Illegal Fund Raising: Illegal fund raisers and illegal fund raisers shall repay the fund-raising funds to the fund-raising participants. The repayment process is supervised by the lead department dealing with illegal fund-raising. No unit or individual may obtain economic benefits from illegal fund-raising. The losses suffered by participating in illegal fund-raising shall be borne by the fund-raising participants themselves.

Look carefully, illegal fund-raisers, illegal fund-raisers must repay fund-raisers. Illegal fund-raising involves criminal offences. Once the public security organ files a case, the measures taken are much stronger than those taken by the court. It can always track the flow of funds, see whose pocket the funds are in, and then deduct the money.

As for what was spent by illegal fund-raisers, it is a loss if it can't be recovered. Of course, this part of the loss is borne by illegal fund-raisers, and it is impossible for the state to bear these losses for illegal fund-raisers.

Therefore, don't take it out of context that as long as you participate in illegal fund-raising, all your money will be gone.

Second, the concept of illegal fund-raising and the parties concerned

1. What is illegal fund-raising?

Illegal fund-raising regulations Article 2 The term illegal fund-raising as mentioned in these regulations refers to the act of absorbing funds from unspecified objects by promising to repay the principal and interest or giving other investment returns without the legal permission of the financial management department of the State Council, or in violation of the financial management regulations of the state.

This clause involves several issues:

(1) without the legal permission of the State Council financial management department or in violation of national financial management regulations.

The financial management department refers to the central bank, the financial supervision and management institution of the State Council and the foreign exchange management department of the State Council.

(two) to raise funds by promising to repay the principal and interest or giving other investment returns.

These are several common ways: giving high interest rates, buying original shares, repurchasing at maturity, shopping rebates and so on.

(3) Absorbing funds from unspecified objects

Through SMS, WeChat, telephone, advertisements, leaflets, acquaintances and other means to absorb funds from unspecified groups in society. If several people in the company raise money, but these people go to the society to raise money, it will become an unspecified object again.

2. Illegal fund raisers

Refers to the units and individuals that initiate, lead or organize the implementation of illegal fund-raising.

At present, illegal fund-raising is basically in the name of the company. Some places illegally raise funds through acquaintances, and these units and individuals are the main suspects of illegal fund-raising.

3, illegal fund-raising assistant

It refers to the units and individuals that provide help and obtain economic benefits knowing that it is illegal to raise funds.

Here are mainly the so-called "salesmen", who clearly know that it is illegal fund-raising, but in order to obtain high business commission, they constantly fabricate lies to trick the masses into falling for it.

3. Who is responsible for handling illegal fund-raising cases?

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take overall responsibility for the prevention and disposal of illegal fund-raising within their respective administrative areas, and local people's governments at all levels shall establish and improve the working mechanism for the prevention and disposal of illegal fund-raising under the unified leadership of the government.

Fourth, how to identify illegal fund-raising? What are the ways?

Article 19 of the Regulations on Illegal Fund-raising stipulates that if any of the following acts within the administrative area is suspected of illegal fund-raising, the lead department in handling illegal fund-raising shall promptly organize the relevant industry authorities, regulatory authorities, branches and agencies of the State Council financial management department to conduct investigation and determination:

(a) the establishment of Internet enterprises, investment and investment consulting enterprises, various trading places or platforms, farmers' professional cooperatives, mutual funds organizations and other organizations to absorb funds;

(2) Issuing or transferring equity and creditor's rights, raising funds, selling insurance products, or absorbing funds in the name of engaging in various asset management, virtual currency, financial leasing business, etc.;

(three) in the sale of goods, services, investment projects and other commercial activities. Absorb funds in the form of promising to pay monetary, equity, physical and other returns;

(four) in violation of laws, administrative regulations or the relevant provisions of the state, through the mass media, instant messaging tools or other means to publicly spread the information of absorbing funds;

(5) Other acts suspected of illegal fund-raising.

5. How to recover the funds?

Because it is a criminal case, the measures taken are much stronger than those taken by the court. This is also the reason why many parties to contract disputes want to describe normal civil disputes as criminal disputes, that is, the public security organs have much stronger ability to trace funds.

The public security organ may seal up the business premises and seize or freeze the relevant assets; Ordering illegal fund-raisers to recover and sell relevant assets; Dong, who controls illegal fund-raisers, restricts these people from going abroad. The public security organ can also recover Dong's salary from the company, the endorsement fee and advertising fee of the advertising spokesperson, and the commission of the salesman. These means are clearly beyond the jurisdiction of the court.

Even if the illegal fund-raising company involves other normal civil disputes, once the public security organs intervene, which civil cases have to be stopped until the criminal cases are handled.

Conclusion of intransitive verbs

From the above analysis, it can be seen that the so-called illegal fund-raising participants bear the losses themselves is wrong.

So don't believe that the good things in the world can fall on you, and don't believe that the so-called original shares have been listed for more than ten times. That kind of good thing exists, but it won't fall on you. If it is a foreign original stock, it will pass.