1. Risks of unlicensed operation According to Article 3 of the Measures for the Administration of Payment Services of Non-financial Institutions: "If a non-financial institution provides payment services, it shall obtain a payment business license in accordance with the provisions of these Measures and become a payment institution. Without the approval of the People's Bank of China, no non-financial institution or individual may engage in or engage in payment business in disguise. "
Article 2 stipulates: "The payment services provided by non-financial institutions as mentioned in these Measures refer to the following partial or all monetary fund transfer services provided by non-financial institutions as intermediaries between payees:
(1) online payment;
(2) Issuance and acceptance of prepaid cards;
(3) Bank card receipt;
(4) Other payment services determined by the People's Bank of China. "
Therefore, as an intermediary between the payee and the payee, non-financial institutions need to obtain a payment business license to provide online payment, prepaid card issuance and acceptance, bank card receipt and other payment services. Otherwise, it is suspected of operating payment and settlement business without a license. According to the current laws and regulations, institutions eligible to carry out payment business include banking financial institutions and payment institutions that have obtained payment business licenses, and the business scope of payment institutions should include the corresponding business scope of online payment, prepaid card issuance and acceptance or bank card receipt.
2. Risks of illegal business According to Article 225 of the Criminal Law of People's Republic of China (PRC), illegally engaging in the payment and settlement of funds without the approval of the relevant competent departments of the state, disrupting the market order, and if the circumstances are serious, it constitutes the crime of illegal business.
In addition, according to the third paragraph of Article 79 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs, the amount of filing and prosecuting illegal fund payment settlement business is more than 2 million yuan. Therefore, if a non-financial institution illegally provides collection and payment services, and the crime amount reaches more than 2 million yuan, it is suspected of illegal business operation and should bear corresponding criminal legal responsibilities (see the third part).
Second, the legal consequences of illegal receipts and payments,
1. Legal consequences of illegal receipt and payment by the payment institution: the payment institution "exceeds the approved business scope or outsources its business"; "Failing to deposit or use the customer's reserve funds in accordance with regulations"; The branch of China People's Bank shall order it to make corrections within a time limit and impose a fine of 30,000 yuan; If the circumstances are serious, China People's Bank will cancel its payment business license; Suspected of a crime, transferred to public security organs for investigation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. (Legal basis: Article 43 of the Measures for the Administration of Payment Services of Non-financial Institutions);
2. Legal consequences of illegal receipt and payment by non-payment institutions: The People's Bank of China and its branches ordered it to terminate the payment business; Suspected of a crime, transferred to public security organs for investigation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. (Legal basis: Article 47 of the Administrative Measures);
3. Legal consequences of the crime of illegal business operation caused by illegal receipt and payment by the unit: if the unit constitutes the crime of illegal business operation, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated. ;
(Legal basis: Articles 225 and 23 1 of the Criminal Law) Judging from the recent fines issued by the central bank for illegal payment business, the punished institutions not only bear huge fines, but also need to suspend business for rectification. In the important period of special rectification of risks of non-bank payment institutions, it is suggested that enterprises conduct payment and receipt business cautiously and in compliance with regulations to avoid heavy penalties.