Usually, companies borrow money from employees for financing, which belongs to private lending and is not illegal financing.
Article 1 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising? The act of absorbing funds from the public (including units and individuals) in violation of national financial management regulations, which meets the following four conditions at the same time, shall be deemed as "illegally absorbing public deposits or absorbing public deposits in disguised form" as stipulated in Article 176 of the Criminal Law, except as otherwise provided by the Criminal Law:
(1) Absorbing funds without the legal approval of relevant departments or in the form of legal operation.
(2) Publicity to the public through media, promotion meetings, leaflets, mobile phone messages, etc.
(3) Commitment to repay the principal and interest or pay the return in the form of currency, material object and equity. In a certain period of time.
(4) Absorb funds from the public, that is, unspecified objects in society.
It is not illegal or disguised to absorb public deposits by absorbing funds from relatives, friends or units for specific targets without publicity to the society.
Definition of illegal fund-raising and private financing;
Private financing refers to the lending behavior between natural persons, legal persons or other organizations without violating the law, which is a legal civil act to solve the shortage of funds needed for production and operation; The crime of illegal fund-raising is a criminal act aimed at disrupting financial order or illegal possession. These two behaviors are completely different in nature and cannot be confused.
Whether to raise funds from unspecified social objects is an important boundary between illegal fund-raising and private lending. The public security organs will actively cooperate with relevant departments to further interpret the law, form an understanding that illegal fund-raising is not protected by law, resolutely prevent the crime of illegal fund-raising from being equated with private lending, and resolutely prevent the spread and development of illegal fund-raising activities.
Is it illegal for companies to raise funds from employees? If a company wants to raise funds for its employees, it must abide by the financing regulations. In the face of the company's financing requirements, employees have the right to refuse, and do not have to abide by the company's regulations. I'm not sure about the confirmation of illegal financing. Now click on China Travel Online Consultation System. Let professional lawyers serve you.