20 19 illegal fund-raising policy P2P online lending

With the frequent occurrence of illegal fund-raising cases, the regulatory authorities continue to crack down.

Following the "Opinions on Further Improving the Prevention and Disposal of Illegal Fund-raising" issued by the State Council last year, on April 27th, a group of three ministries and commissions, including the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Industry and Information Technology, Ministry of Public Security, etc. 14 said that they would resolutely curb the spread of illegal fund-raising and firmly hold the bottom line that no systematic and regional risks would occur.

Many ministries even admit that the risk of illegal fund-raising in P2P lending is the most prominent.

At the same time, the reporter learned that the inter-ministerial joint meeting on illegal fund-raising is scheduled to organize a national special rectification campaign for illegal fund-raising risks in the second half of the year, and conduct a comprehensive investigation of risk points such as private investment and wealth management and P2P peer-to-peer lending; The central bank will promote the early promulgation of the Regulations on Non-deposit Lending Institutions; The CSRC will promote the introduction of private equity fund supervision regulations.

Song Fang, president of Guangzhou Internet Finance Association and president of Guangzhou e-loan, also pointed out that the industry must establish a licensing system. For finance, no matter the current situation in China or the experience in the United States, finance should not be simply decentralized, but should be included in daily supervision, with a threshold, a licensing system and a daily supervision mechanism.

● The risk of illegal fund-raising in peer-to-peer lending is the most prominent.

In fact, in recent years, the problem of illegal fund-raising has become increasingly prominent, and the number of cases has risen at a high level.

Statistics from the Inter-Ministerial Joint Conference Office show that the number of new cases of illegal fund-raising, the amount involved and the number of people involved in fund-raising increased by 7 1%, 57% and 120% respectively year-on-year, reaching an all-time peak. Cases involving thousands of people and raising more than 100 million yuan across provinces increased by 73%, 78% and 44% respectively.

"In recent years, private financing has developed rapidly, which has become a useful supplement to formal finance to a certain extent, meeting the diversified capital needs of small and medium-sized enterprises and individuals, and helping enterprises with capital gaps to carry out normal production and operation. However, there are also many weak links and problems in private financing in various places, especially in the private lending market, which is likely to lead to illegal fund-raising. " People from China People's Bank said frankly.

Song Fang also pointed out that illegal fund-raising is nothing new. However, under the background of financial reform and innovation in recent years, with the rapid development of the Internet, criminal means have been refurbished and the technical content is getting higher and higher, and criminal means are concealed, deceptive and tempting. The spread speed is accelerated, and the victims are diversified from middle-aged and elderly people.

At the same time, the reporter noticed that P2P institutions in Internet finance, especially peer-to-peer lending, grew wildly, and the illegal business problems were prominent, accumulating a lot of risks. Peer-to-peer lending has become a high-risk area with frequent illegal fund-raising cases.

"In recent years, with the continuous adjustment of national financial market regulation policies and the rapid development of internet finance, the forms and means of illegal fund-raising have changed a lot. Illegal fund-raising cases in the name of Internet finance and e-commerce have increased, and peer-to-peer lending has become a high-incidence area with frequent cases. " The Supreme People's Court said.

The above-mentioned people from the People's Bank of China also pointed out that since last year, there have been frequent risk incidents in the field of Internet finance, and some illegal fund-raising cases involved a large number of people, huge amounts of money and bad social impact, which had a great negative impact on the industry reputation and social image.

On the one hand, traditional illegal fund-raising has developed from offline to online, and illegal fund-raising has been carried out under the guise of Internet financial innovation; On the other hand, the risks of illegal fund-raising in Internet finance-related formats are also fully revealed, especially P2P lending.

Relevant persons of the Ministry of Public Security also said that risks in the old and new fields are superimposed, and Internet finance has become a high-risk field. Among them, new cases under the banner of internet finance, farmers' professional cooperatives, investment intermediaries and equity investment have increased.

● Five key areas will be comprehensively investigated.

It is worth noting that "pan-financing" has become an important feature of illegal fund-raising in private investment and financing intermediaries, P2P peer-to-peer lending, real estate, private equity investment and other industries or fields.

The reporter was informed that according to incomplete statistics, illegal fund-raising cases of investment and wealth management accounted for more than 30% of all new cases.

"In view of the grim situation of illegal fund-raising cases, there are great potential risks in some regions and industries. The inter-ministerial joint meeting is scheduled to organize a nationwide special rectification campaign for illegal fund-raising risks in the second half of the year, and conduct a comprehensive investigation of key areas such as private investment and wealth management, P2P peer-to-peer lending, farmers' cooperatives, real estate and private equity funds, and risk points such as private education, local exchanges and mutual insurance. Yang Yuzhu, director of the Office of the Inter-Ministerial Joint Conference on Disposal of Illegal Fund Raising, said.

The above-mentioned people from the People's Bank of China also pointed out that private lending has long been outside the formal financial framework, and the lack of legal norms and effective supervision is one of the important reasons for the frequent occurrence of illegal fund-raising cases. The next step will be to promote the early promulgation of the Regulations on Non-deposit Loan Organizations. In particular, it is necessary to guide Internet financial institutions to carry out various business activities according to law and severely crack down on illegal fund-raising cases in this field.

The CSRC revealed that it will promptly investigate and deal with new illegal stock issuance activities; At the same time, actively promote the introduction of private equity fund supervision regulations, and regulate equity crowdfunding in the revision of the Securities Law.

In this regard, Zhou, the general manager of the loan, also admitted that comprehensively rectifying Internet finance is conducive to purifying the entire industry.

He also said that from the current regulatory situation, the state will not be soft on illegal fund-raising and fraud, and the regulatory standards will be stricter. The negative situation of this "one thunder a day" industry is expected to be greatly curbed.

At the same time, advertising management is one of the important means to curb illegal fund raising.

In this regard, the State Administration for Industry and Commerce told reporters that according to the requirements of the special rectification of Internet financial advertisements, it is suggested that the competent departments of the financial industry, together with the relevant departments such as the State Administration for Industry and Commerce, formulate the market access list of financial advertisements, prohibit the negative list of advertisements, establish the pre-examination system of financial advertisements according to law, etc., and promptly introduce relevant measures.

Yang Yuzhu also pointed out that the Inter-Ministerial Joint Meeting on Dealing with Illegal Fund-raising will continue to carry out the nationwide investigation and cleaning-up activities on suspected illegal fund-raising advertisements from May to July, revise and improve relevant policies and measures together with relevant departments, strengthen the examination and supervision of suspected illegal fund-raising advertisements, and study and strengthen the control of financing advertisements published by emerging media such as portals, Weibo, WeChat, mobile phone clients and Baidu Search.