1. What are the conditions for enterprise financing?
(1) Enterprises must raise compensation funds through public issuance of corporate bonds (unless otherwise stipulated by laws and regulations).
(2) Examination and approval
The issuance of bonds by central enterprises shall be examined and approved by the People's Bank of China jointly with the State Planning Commission; The issuance of corporate bonds by local enterprises shall be examined and approved by the branches of the People's Bank of China in provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning in conjunction with the planning authorities at the same level. Without approval, corporate bonds may not be issued without authorization or in disguised form.
(3) purchasing and transferring corporate bonds
The issuance of corporate bonds by enterprises shall be underwritten by securities institutions.
The transfer of corporate bonds shall be carried out at an approved place where bond trading can be carried out.
Non-securities institutions and individuals may not engage in underwriting and transfer of corporate bonds.
(4) Interest rate
The interest rate of corporate bonds shall not be higher than 40% of the bank's deposit interest rate for the same period.
Any fund-raising behavior that lacks the above elements 2 and 3 is illegal fund-raising and should be considered invalid; Incomplete content records required by element 1 will not affect the effectiveness of the act, but items (2), (3), (6) and (7) are mandatory; The part that does not meet the requirements of element 4 is invalid and does not affect the validity of other parts.
2. Who is the main person in charge of illegal fund-raising?
Companies that illegally raise funds shall be investigated for criminal responsibility, not only the legal representative, but also the main person in charge and the person directly responsible of the company. But the specific sentencing should be based on everyone's role and status in illegal fund-raising.
3. Does the enterprise commit the crime of illegal fund-raising?
According to the provisions of China's criminal law, the crime of illegal fund-raising mainly involves three crimes, namely, the crime of fund-raising fraud stipulated in article 192 of the criminal law, the crime of illegally absorbing public deposits stipulated in article 176 of the criminal law, and the crime of issuing stocks, companies and corporate bonds without authorization stipulated in article 179 of the criminal law. Among them, the crime of issuing stocks, companies and corporate bonds without authorization is less.
The main feature of the crime of fund-raising fraud is "illegal fund-raising through fraud for the purpose of illegal possession, with a large amount". This crime is obviously different from the crime of illegally absorbing public deposits. According to Article 176 of the Criminal Law, illegally absorbing public deposits or absorbing public deposits in disguised form, which disturbs the financial order, constitutes the crime of illegally absorbing public deposits. Fund-raising fraud and illegal absorption of public deposits are both illegal fund-raising crimes, but there are obvious differences between them in their criminal constitution and social harm, so there are also great differences in the penalties imposed. According to the provisions of Article 199 of the Criminal Law, whoever commits the crime of fund-raising fraud, which is especially huge and causes particularly heavy losses to the interests of the state and the people, shall be sentenced to life imprisonment or death, and his property shall be confiscated, while the maximum penalty for the crime of illegally absorbing public deposits is 65,438.
So the above is the relevant content of what conditions are needed for enterprise financing. If you still have questions about such issues, or have other legal problems, you can come to the platform to consult our professional lawyers. In order to maximize the protection of their legitimate rights and interests, protect your interests from losses.