Is it legal for the company to raise funds for shares?

Legal analysis: Legally speaking, internal fund-raising of enterprises, as a form of private lending, can effectively broaden the financing channels of enterprises under the background that small and medium-sized enterprises are generally faced with financing difficulties and expensive financing, which is beneficial to the production and operation of enterprises. After all, employees in enterprises are generally familiar with the operation of enterprises. First, the borrowing object is limited to the internal employees of the unit, and the internal employees here do not include those who have been recruited as employees of the company for illegally absorbing public deposits; Second, the raised funds must be used for internal business activities.

Legal basis: Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising states that it is not illegal to absorb funds from relatives, friends or units for specific objects, or to absorb public deposits in disguise.

The latest loan regulations

Article 12 Legal persons or other organizations raise funds from employees in the form of loans within their own units for the production and operation of their own units, and there are no circumstances stipulated in Articles 52 and 14 of the Contract Law. If the parties claim that the private lending contract is valid, the people's court shall support it. In this regard, we need to pay attention to the following:

"Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Fund-raising" Article 3 The following circumstances shall be deemed as absorbing public funds:

(a) in the process of absorbing funds from relatives and friends or internal personnel of the unit, knowing that relatives and friends or internal personnel of the unit absorb funds from unspecified objects and let them go.

(two) for the purpose of absorbing funds, absorbing social personnel as internal personnel of the unit and absorbing funds from them. (If it reaches a certain level, it may constitute the crime of illegal fund-raising).

Article 14 (2) If the funds obtained by borrowing from other enterprises or raising funds from employees of the unit are lent to the borrower for profit, if the borrower knows or should know in advance, the corresponding lending behavior shall be deemed invalid.