Internal fund-raising is usually legal. If a company does not publicize it to the public and absorbs funds from relatives, friends or units for specific objects, it does not belong to illegal absorption or disguised absorption of public deposits. It is a criminal offence to illegally absorb public deposits or absorb public deposits in disguised form, and criminal responsibility should be borne.
Whether it is legal for an enterprise to raise money from employees depends on the specific purpose of the actor. If the company's use is for the company's production and operation, it is a legal loan relationship; However, if employees and their relatives and friends know that they are absorbing funds from unspecified objects without stopping them, they may also turn into illegal fund-raising crimes.
As a type of private lending, the lending behavior between units and employees is regulated by civil and administrative laws, regulations and policies related to private lending. Therefore, the ways of raising funds within the unit, including the interest rate of borrowing, should meet the requirements of the Contract Law, the General Principles of the Civil Law and relevant judicial interpretations. If the promised interest rate is abnormally high, completely deviating from the enterprise's own development needs and capital fundamentals, it is impossible to have solvency, and the possibility of being identified as illegal fund-raising is not ruled out.
Private financing has its realistic soil in China, and internal financing of enterprises has its objective rationality.
First of all, investors who raise funds internally often have a full understanding of relevant information and risks, and can also look at potential risks objectively and have certain tolerance. At the same time, fund-raising within the unit is mainly to solve the funds needed for the development of the unit. The invalid identification of this behavior is not only detrimental to the development and stability of the enterprise, but also harms the interests of employees.
Secondly, the fund-raising that is not used by the unit itself does not belong to the internal fund-raising of the unit. The interests of units and employees are closely related. Although the risk of internal fund-raising is more controllable than social fund-raising, internal fund-raising must be used for the production and business activities of the unit. An important prerequisite for dealing with illegal fund-raising by omission is that it is taken from the employees of the unit and used in the unit, which is an important basis for the legitimacy and rationalization of this fund-raising behavior.
Thirdly, the lender must be strictly confined to the unit, and the branch of the enterprise that cannot bear the responsibility independently should be recognized as the unit. In order to illegally absorb public deposits, accepting social workers as enterprise staff and then absorbing funds from them does not belong to fund-raising within the unit.
legal ground
1. Company Law
Article 160 The mode of transfer of corporate bonds
Registered bonds shall be transferred by the bondholders by endorsement or by other means prescribed by laws and administrative regulations; After the transfer, the company shall record the name and domicile of the transferee in the corporate bond stub book. If the registered bonds are not transferred, the transfer shall take effect after the bondholders deliver the bonds to the transferee.
2. Criminal Law of People's Republic of China (PRC)
Article 176 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and actively returns the stolen goods before bringing a public prosecution to reduce the occurrence of damage results may be given a lighter or mitigated punishment.