Full text of the regulations on the disposal of illegal fund-raising
Regulations on Disposal of Illegal Fund Raising (Draft for Comment)
Chapter I General Principles
Article 1 These Regulations are formulated for the purpose of preventing and handling illegal fund-raising, protecting the legitimate rights and interests of the public, and maintaining economic and financial security and social order.
Article 2 The term "illegal fund-raising" as mentioned in these Regulations refers to the act of raising funds from unspecified objects or specific objects exceeding the prescribed number without legal permission or in violation of relevant state regulations, and promising to repay the principal and interest or pay the return. Where there are other provisions in financial management laws and administrative regulations, those provisions shall prevail.
Article 3 Illegal fund-raisers and fund-raisers shall be responsible for their illegal acts in accordance with relevant laws and regulations and the provisions of these Regulations.
The term "illegal fund-raisers" as mentioned in these Regulations refers to the units and individuals that initiate, lead or organize the implementation of illegal fund-raising.
The term "illegal fund-raising helpers" as mentioned in these Regulations refers to other units and individuals that provide publicity and marketing assistance for illegal fund-raising.
Article 4 Participants in illegal fund-raising shall bear the losses suffered by participating in illegal fund-raising.
Participants in illegal fund-raising as mentioned in these Regulations refer to units and individuals that invest in illegal fund-raising.
Fifth people's governments at the provincial level shall be fully responsible for the disposal of illegal fund-raising within their respective administrative areas.
The functional departments designated by the local people's governments at or above the county level to deal with illegal fund-raising shall perform duties such as preventing and monitoring illegal fund-raising, administrative investigation and handling, and administrative punishment; Other departments should do a good job in dealing with illegal fund-raising in accordance with the division of responsibilities.
In the process of dealing with illegal fund-raising, the local people's governments concerned should take effective measures to maintain social stability.
Article 6 the State Council shall establish an inter-ministerial joint meeting on the disposal of illegal fund-raising (hereinafter referred to as the joint meeting), which shall be responsible for guiding, coordinating and urging the member units of the joint meeting and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to carry out the disposal of illegal fund-raising.
Chapter II Prevention and Monitoring
Article 7 The local people's governments at or above the county level and the member units of the joint meeting shall strengthen the propaganda work to prevent illegal fund-raising, educate the public about the illegality and harmfulness of illegal fund-raising, and improve the public's ability to identify illegal fund-raising and awareness of prevention.
Eighth local people's governments at or above the county level shall establish a monitoring mechanism for illegal fund-raising, strengthen information sharing, identify, monitor, control and resolve the risks of illegal fund-raising.
The member units of the joint meeting shall strengthen their daily management, prevent and monitor the risks of illegal fund-raising in the areas they manage, and guide and urge the relevant departments of the local people's governments to carry out illegal fund-raising monitoring.
The joint meeting shall guide and coordinate the member units and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to strengthen the information sharing of illegal fund-raising and timely discover and report relevant clues.
Article 9 The administrative department for industry and commerce shall strengthen the supervision and management of advertisements and improve the monitoring measures. Advertisements suspected of illegal fund-raising shall be promptly transferred to the functional departments dealing with illegal fund-raising for identification; Those found to be illegal fund-raising advertisements shall be investigated and dealt with according to law.
Advertisers who publish financing advertisements shall obtain relevant financial business qualifications or other supporting documents. Advertising agents and publishers shall examine relevant financial business qualifications or certification documents and check the contents of advertisements.
Article 10 Internet administrative departments shall, in accordance with the division of responsibilities, strengthen supervision and management of Internet information dissemination and improve monitoring measures. Internet information suspected of illegal fund-raising shall be promptly transferred to the functional departments dealing with illegal fund-raising for identification; Found to be illegal fund-raising information, investigated and dealt with according to law.
Eleventh financial management departments should guide and urge financial institutions and non-bank payment institutions to establish monitoring and early warning mechanisms for illegal fund-raising and strengthen the monitoring of suspicious funds. When financial institutions and non-bank payment institutions find clues about suspected illegal fund-raising, they shall promptly report to the financial management department and the functional departments dealing with illegal fund-raising.
Twelfth local people's governments at or above the county level shall establish a reward system to encourage the public to report suspected illegal fund-raising.
Thirteenth local people's governments at or above the county level shall promptly identify and deal with suspected illegal fund-raising clues discovered by monitoring, reported by the masses and transferred by relevant departments according to law, and cooperate with relevant departments to take corresponding measures.
Chapter III Administrative Investigation
Fourteenth local people's governments at or above the county level shall be responsible for organizing and implementing the administrative investigation of illegal fund-raising within their respective administrative areas.
If illegal fund-raising acts cross administrative regions, the functional department dealing with illegal fund-raising in the place where the fund-raiser is registered shall take the lead in investigating and handling it; If there is no registered place, the functional department dealing with illegal fund-raising in the habitual residence of the fund-raiser will take the lead in investigating and handling it. The responsibility for leading the investigation is controversial, which shall be determined by the superior functional department dealing with illegal fund-raising; Cross-provincial, autonomous regions and municipalities directly under the Central Government have disputes over the responsibility of taking the lead in the investigation, and report to the joint meeting for coordination and determination.
The member units of the joint meeting shall guide and cooperate with the functional departments of local people's governments dealing with illegal fund-raising to carry out administrative investigations on illegal fund-raising.
Fifteenth functional departments dealing with illegal fund-raising found illegal fund-raising or in violation of the relevant provisions of the state, under any of the following circumstances, it shall conduct an administrative investigation on illegal fund-raising, and other relevant departments shall cooperate:
(a) the establishment of Internet finance enterprises, asset management companies, investment consulting companies, various trading places or platforms, farmers' professional cooperatives, mutual funds organizations and other organizations to raise funds;
(2) Raising funds by issuing or transferring equity, raising funds, selling insurance or engaging in asset management activities such as wealth management, virtual currency, financial leasing, credit cooperation, mutual fund assistance, etc. ;
(three) to raise funds in the name of selling goods, providing services, planting and breeding, project investment, and leaseback after sale;
(four) there is no substantive production and business activities or fictitious use of funds to raise funds;
(five) to raise funds by promising to pay high returns such as money, physical objects and equity;
(six) through newspapers, television, radio, the Internet, on-site publicity, outdoor advertising, leaflets, telephone, instant messaging tools and other means to spread the information of raising funds;
(7) Other illegal fund-raising.
Sixteenth functional departments dealing with illegal fund-raising shall promptly investigate the clues suspected of illegal fund-raising. At the time of investigation, there shall be no less than 2 investigators, and they shall show their law enforcement certificates to the units and individuals under investigation.
Seventeenth illegal fund-raising administrative investigation can take on-site inspection, off-site verification and other ways to collect and fix relevant evidence according to law and establish investigation files.
Eighteenth illegal fund-raising administrative investigation can take the following measures:
(a) require the relevant units and individuals to explain the relevant matters;
(two) to enter the relevant business premises for on-site inspection;
(three) to consult, copy and seal up relevant documents and materials;
(4) Inquiring about relevant account information;
(5) sealing up related business activities and sealing up or detaining related property;
(6) Other measures that can be taken according to law.
Nineteenth relevant units and individuals suspected of illegal fund-raising shall cooperate with the functional departments dealing with illegal fund-raising to investigate and shall not refuse to provide relevant materials and information.
Article 20 After the administrative investigation procedure of illegal fund-raising is started, the functional department dealing with illegal fund-raising shall notify the administrative department for industry and commerce to stop handling the change of name, shareholders, place of registration, business scope and other industrial and commercial registration matters for relevant units suspected of illegal fund-raising.
Chapter IV Administrative Handling
Twenty-first for the behavior of illegal fund-raising, the functional department dealing with illegal fund-raising shall order the illegal fund-raiser to stop the fund-raising behavior immediately and deal with it in accordance with the provisions of laws and regulations and these regulations.
Twenty-second illegal fund-raisers do not stop raising funds, and the functional departments dealing with illegal fund-raising have the right to take the following measures according to law:
(1) To seal up and detain relevant property, documents and materials and apply to judicial organs for freezing relevant funds;
(2) restricting the transfer of property or setting other rights on property;
(3) Notifying the entry-exit administration agencies to prevent the directors, supervisors, senior managers and other directly responsible personnel of individuals or units that illegally raise funds from leaving the country;
(4) Other measures that can be taken according to law.
Twenty-third illegal fund-raising functional departments identified as illegal fund-raising, illegal fund-raisers and illegal fund-raising assistants shall return the funds to illegal fund-raising participants.
If the illegal fund-raiser and the illegal fund-raiser reach an agreement on the fund repayment plan, the illegal fund-raiser shall repay it by himself.
If illegal fund-raisers and illegal fund-raisers fail to reach an agreement on the fund repayment plan, the functional department dealing with illegal fund-raising shall be responsible for coordinating and organizing the fund repayment work. Participants in illegal fund-raising shall declare and register within the prescribed time limit.
Twenty-fourth the following assets should be used as the source of repayment of funds:
(a) the balance of illegal fund-raising;
(2) Income from illegal fund-raising, transformation of other assets and their income;
(3) Assets hidden or transferred to related parties by illegal fund raisers;
(4) The economic benefits obtained by investors, main managers and other directly responsible personnel of illegal fund-raisers from illegal fund-raising;
(five) the income obtained by the illegal fund-raising assistants to help illegal fund-raising, including consulting fees, advertising fees, endorsement fees, agency fees, commissions, commissions, etc. ;
(six) other assets that should be included in the source of funds according to law.
Twenty-fifth disposal of illegal fund-raising functional departments to deal with repaying funds to implement special account management.
Twenty-sixth in the return of funds to illegal fund-raising participants, it should be deducted from their participation in illegal fund-raising in kind and monetary returns.
Twenty-seventh illegal fund-raising acts suspected of committing a crime shall be transferred to the public security organs. The disposal of the property involved in the crime of illegal fund-raising shall be carried out in accordance with the relevant laws and regulations, and the functional departments dealing with illegal fund-raising shall coordinate with each other and do a good job in related work.
Chapter V Legal Liability
Twenty-eighth units that initiate, lead or organize the implementation of illegal fund-raising shall be ordered to make corrections within a time limit, given a warning, and may be fined between 200,000 yuan and 2 million yuan; If it fails to make corrections within the time limit or if the circumstances are serious, it shall be ordered to stop production and business, and the original issuing authority shall revoke the license or business license, and impose a fine of 1 times or more and 5 times or less. The directly responsible person in charge and other directly responsible personnel shall be fined from 6,543,800 yuan to 6,543,800 yuan, and may be banned from being a director, supervisor or senior manager of a company, enterprise or other organization for a certain period of time according to the seriousness of the case.
Twenty-ninth individuals who initiate, lead or organize the implementation of illegal fund-raising shall be ordered to make corrections within a time limit, given a warning, and may be fined from 6,543,800 yuan to 6,543,800 yuan; If no correction is made within the time limit or the circumstances are serious, a fine of 1 time but not more than 5 times of the raised amount shall be imposed. According to the seriousness of the case, you can be banned from being a director, supervisor, senior manager of a company, enterprise or other organization for a certain period of time until life.
Thirtieth to assist in illegal fund-raising, shall be ordered to make corrections within a time limit and give a warning; If no correction is made within the time limit or the circumstances are serious, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed.
Article 31 If the business premises and sales channels of financial institutions and non-bank payment institutions are used by illegal fund-raisers for illegal fund-raising due to dereliction of management, the financial management department shall confiscate the illegal income and impose a fine of not less than 1 times but not more than 5 times the illegal income; Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan, cancel the post qualification or prohibit them from working in related financial industries within a certain period of time.
If the business premises, channels and platforms of institutions other than those specified in the preceding paragraph are used by illegal fund-raisers for illegal fund-raising due to dereliction of management, the illegal income shall be confiscated and a fine of 1 times and less than 3 times shall be imposed; Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of more than 20,000 yuan and less than 200,000 yuan.
Thirty-second advertising agents and publishers who violate the second paragraph of Article 9 of these regulations and fail to perform the inspection and verification obligations shall be ordered by the administrative department for industry and commerce to make corrections and may be fined up to 50,000 yuan.
Article 33 Whoever, in violation of Article 19 of these regulations, refuses to provide relevant documents and materials or provides false documents and materials shall be fined between 50,000 yuan and 500,000 yuan.
Refuse or obstruct law enforcement officers to investigate and deal with illegal fund-raising, and be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 34 Any functionary of a state organ who commits any of the following acts shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) knowing or should know that the institution or business applied by a unit or individual is suspected of illegal fund-raising, but still handling administrative licensing or registration procedures for it;
(two) knowing or should know that the unit in charge and supervision is suspected of illegal fund-raising, and fails to deal with it in time or transfer it to the functional department for disposal of illegal fund-raising;
(3) Failing to perform the duties of prevention and monitoring, or refusing to cooperate with the functional departments dealing with illegal fund-raising to investigate and deal with illegal fund-raising, thus causing serious consequences;
(four) to investigate and deal with illegal fund-raising, dereliction of duty, abuse of power;
(five) other support, help and connivance of illegal fund-raising through official behavior or using authority;
(six) the responsible leaders should have found that the staff engaged in illegal fund-raising by taking advantage of professional convenience, the reputation of the unit or the workplace, or failed to take measures to stop it after discovery, causing serious consequences;
(seven) refused to implement the superior decision-making arrangements;
(eight) unauthorized disposal of the property involved;
(nine) other acts that should be punished according to law.
Article 35 In handling criminal cases of illegal fund-raising, judicial organs shall hand over matters that need administrative handling to the functional departments dealing with illegal fund-raising for handling in accordance with these regulations.
Article 36 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with these Regulations and relevant local laws and regulations, formulate detailed implementation rules for handling illegal fund-raising.
Article 37 These Regulations shall come into force as of the date of promulgation.
Illegal fund-raising "three types of people"
Illegal fund-raisers: units and individuals who initiate, lead or organize the implementation of illegal fund-raising.
Assistants of illegal fund-raising: other units and individuals that provide help for the publicity and marketing of illegal fund-raising.
Participants in illegal fund-raising: units and individuals investing in illegal fund-raising.
Among them, those who participate in illegal fund-raising shall bear the losses suffered by participating in illegal fund-raising. Many people can't understand this. We were all cheated. Why do you have to bear the loss yourself? The fact is that China's financial consumer education is insufficient, and it has been difficult to break the "rigid redemption" for a long time. It is precisely because of rigid redemption that many investors and wealth managers simply don't care about the project risk, but only look at the expected rate of return of the project, which is the beginning of a vicious circle.
In fact, as early as 2065438+March 2005, the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Fund-raising made a distinction between "victims" and "fund-raising participants". Victims exist in cases such as the crime of fraud in Article 266 of the Criminal Law, while fund-raising participants usually exist in the crime of illegally absorbing public deposits in Article 176 of the Criminal Law. In other words, whether the investor knows that the other party is illegal or not, it still supports it with financial resources. If there are subjective intentions such as "gambling probability" and "speculation", it is easier to be identified as a fund-raising participant.
To sum up, we can clearly know that the relevant departments have also put forward opinions on the regulations on the disposal of illegal fund-raising, and are also listening to the opinions of the public and gradually improving the relevant regulations. Moreover, there are three types of people who participate in illegal fund-raising, and those who participate in illegal fund-raising should bear the losses suffered by participating in illegal fund-raising.