Beijing Economic Investigation Recently sent to customers to notify the text on June 8 this year about the sources of the two highs on the "Special Regulations on Special Disposal of Raider Fund Fraud"
4 thoughts on “Beijing Economic Investigation Recently sent to customers to notify the text on June 8 this year about the sources of the two highs on the "Special Regulations on Special Disposal of Raider Fund Fraud"”
Dennis
On April 27, 2016, the 14 Ministry of the Ministry of China (the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Public Security, the CBRC, the CBRC, the CIRC, the Ministry of Industry and Information Technology, the Ministry of Industry and Commerce, the Ministry of Agriculture, the Forestry Bureau, the Ministry of Commerce, Tourism, Tourism, Tourism Bureau) Hold a "Disposal Inter -Funding Ministry Joint Meeting" in Beijing. From June to August of that year, the national "illegal fund -raising case" special rectification work was launched. "Emergency Regulations on Special Disposal of Raidering Fund Fraud": 1. In order to do its best, the government has made up for economic losses for the victims who have been funded by illegal suspects in recent years. Referred to as the Emergency Regulations). Given that Prime Minister Li instructed "revitalizing the stock funds, liberalized private loans, and supporting the development of the private economy", the relevant departments and local governments did not introduce financial regulatory measures and the protection measures for private creditor's claims. Illegal fund -raising fraud cases must be renamed "fund -raising fraud case". It is not advisable to use the name of "illegal fundraising" to harm the victims of innocent victims. 2. Anyone who raised fund -raising fraud before the end of this year can repay 50%of borrowing funds. After signing and agreed by most victim creditors, the criminal processing judgment can be suspended. Criminal penalties. 3. The case has been arrested and the amount of fraud borrowing is more than 10 million. The suspects who cannot repay 50%of the borrowing funds cannot be repaid this year, and they will be sentenced to "life imprisonment." After that, the repayment debt ratio was gradually reduced. After half of the loan, you can refer to the (2) model for "bail pending trial". 4. Criminal treatment must never cancel criminal debts. Dedicated criminals and their direct family members must establish a lifelong debt mechanism for life. Before the suspect was repaid the debt, the court had the right to monitor the bank account funds of any of the criminals any of the bank accounts of any of the criminals — only to enter, first ensure that the debt of the creditors was repaid. 5. Any public security organs who have arrested the primary criminals that have arrested fund -raising fraud have responsibility and obligations to accept the report of the priest's fundraising fraud victim in other regions. Prosecution. When the court auction to clean up criminal assets and judge the debt of the victim, the victim must be assigned to the victims, allocating on average, and not allowed local protectionism. 6. Police officers who are responsible for investigating fund -raising fraud suspects must strictly follow the "People's Republic of China People's Police Law" and the "Criminal Procedure Law of the People's Republic of China" in accordance with the law. It is strictly forbidden to investigate police officers. The victims of the fund -raising fraud case found that the police officers were responsible for investigating the project during the investigation. During the investigation, suspicious trips such as corruption, illegal malfeasance, and sheltering criminal suspects could apply to the people's procuratorate for the people's procuratorate for investigating the investigation police officer.
This is a false information, a rumor, and there is no such regulation. The latest regulations on illegal fund-raising are; index number: 000014349/2021-00008 Theme Category: Finance, Finance, Audit Other Document Organ: Day Title: Prevention and disposal of illegal fund -raising regulations Sending number: Guoling No. 737 Release Date: February 10, 2021 Topic words:
China China The State Council of the People's Republic of China
"Regulations on Prevention and Disposal illegal Funding" was passed on the 119th Executive Meeting of the State Council on December 21, 2020, which is now announced. It will be implemented on May 1, 2021.
Prime Minister Li Keqiang
January 26, 2021
The prevention and disposal of illegal fundraising regulations
R n It Article 1 In order to prevent and dispose of illegal fundraising, protect the legitimate rights and interests of the public, prevent and resolve financial risks, maintain economic order and social stability, and formulate these regulations.
illegal fundraising referred to in these regulations refers to the promise of repaying interest rates or giving other investment returns without permission or violation of national financial management regulations in accordance with law or violating national financial management regulations in accordance with the law. Unsteading objects absorb funds.
The prevention of illegal fundraising and the disposal of illegal fundraising by administrative organs, these regulations are applicable. If laws and administrative regulations are provided for illegal financial business activities such as banks, securities, insurance, and foreign exchange, it shall apply its provisions.
The financial management department of the State Council referred to in these regulations refers to the People's Bank of China, the State Council's financial supervision and management agency, and the foreign exchange management department of the State Council.
3 The illegal fund -raising of these regulations refers to the units and individuals that initiate, dominate or organize illegal fundraising; Units and individuals who help and obtain economic benefits.
It 4 The state prohibit any form of illegal fund -raising, and the principles of illegal fund -raising adhere to the mainstay of preventing prevention, early fighting, comprehensive governance, and stable disposal.
The people's governments of provinces, autonomous regions, and municipalities are generally responsible for the prevention and disposal of illegal fundraising in their administrative areas. Local people's governments at all levels should establish and improve the prevention and disposal of illegal fundraising by the government's unified leadership. mechanism. Local people's governments at or above the county level shall clearly prevent and dispose of the leading departments of the illegal fund -raising working mechanism (hereinafter referred to as the disposal of the illegal fund -raising leading department), and the relevant departments and the financial management department of the State Council's branch agencies, dispatched institutions and other units to participate in the working mechanism; Clarify those who are responsible for preventing and dealing with illegal fund -raising work. The local people's governments of the higher level shall urge and guide the local people's governments to do a good job of preventing and dealing with illegal fund -raising work in their administrative regions.
The industry authorities and regulatory departments shall be responsible for the prevention and cooperation of illegal fund -raising in the industry and field in accordance with the division of responsibilities.
It 6 The State Council establishes a system for disposal of inter -fund -raising inter -funded joint conferences (hereinafter referred to as joint meetings). The joint meeting is led by the State Council's bank insurance supervision and management agency. The relevant departments participated in the supervision and guidance of relevant departments and localities to carry out prevention and disposal of illegal fund -raising work, and coordinate and solve major issues in prevention and disposal of illegal fundraising.
The people's governments at all levels shall reasonably ensure the prevention and disposal of illegal fund -raising work, and be included in the budget at the level.
It Chapter 2 Prevention
The local people's governments at all levels shall establish an illegal fund -raising monitoring and early warning mechanism, incorporate the comprehensive social security governance system, give full play to grid management and grassroots level The role of mass autonomous organizations uses modern information technology such as big data to strengthen monitoring and early warning of illegal fundraising.
The industry authorities and regulatory departments shall strengthen daily supervision and management, and be responsible for the risk investigation and monitoring and early warning of illegal fund -raising in the industry and field.
If joint meetings shall establish and improve the national illegal fund -raising monitoring and early warning system, promote the construction of a national monitoring and early warning platform, promote local and departmental information sharing, strengthen the research and judgment of illegal fundraising risks, and timely warning prompts.
The 9 of the market supervision and management department shall strengthen business registration management such as enterprises, individual industrial and commercial households and business scope. Except for laws, administrative regulations and other regulations, the names and business scope of enterprises, individual industrial and commercial households shall not include "finance", "exchanges", "trading centers", "wealth management", "wealth management", "equity crowd", "equity crowd", "equity crowd" Break "" and other words or content.
The relevant departments such as illegal fund -raising leading departments and market supervision and management departments at or above the county level shall establish a business mechanism to find that the names of enterprises, individual industrial and commercial households, or operating scope include except for the preceding paragraph specified in the preceding paragraph. Other words or content related to fundraising will focus on time.
It the disposal of illegal fund -raising and leading departments, together with the Internet information content management department and telecommunications authority, strengthen the monitoring of Internet applications such as Internet information and websites, mobile applications, and other Internet applications suspected of illegal fundraising. If the illegal fund -raising leading department is identified as an illegal fund -raising, the Internet information content management department and the competent telecommunications department shall promptly deal with the law in accordance with the law.
The Internet information service provider shall strengthen the management of information publishing information, and shall not produce, copy, publish, and disseminate illegal fund -raising information. The information that is suspected of illegal fundraising is found, and the relevant records should be preserved and reported to the departments of illegal fund -raising.
I except for other regulations on the state, no unit or individual may publish advertisements including fundraising content or fundraising to the public in other ways.
The market supervision and management departments together with the disposal of illegal fund -raising departments to strengthen the monitoring of suspected illegal fund -raising advertisements. If an illegal fund -raising department is identified as an illegal fundraising, the market supervision and management department shall promptly investigate and deal with relevant illegal fund -raising advertisements in accordance with the law.
C advertising operators and advertising publishers shall check the relevant certification documents in accordance with laws and administrative regulations to check the content of advertising. For advertising without relevant certification documents and containing fundraising content, advertising operators shall not provide design, production, and agency services, and advertising publishers shall not publish it.
It 12 Disposal departments of illegal fund -raising departments and the branch of the financial management department and dispatched institutions of the State Council of the State Council shall establish an illegal fund -raising suspicious fund monitoring mechanism. The financial management department of the State Council, its branches, and dispatched institutions shall strengthen the monitoring of the abnormal flow of funds and other suspected illegal fund -raising funds in accordance with the division of responsibilities, guiding financial institutions, non -bank payment institutions, and non -bank payment institutions.
It financial institutions and non -bank payment institutions shall fulfill the obligation to prevent illegal fund -raising:
(1) Establish and improve internal management systems, prohibit branches and employees from being prohibited from branch institutions and employees Participate in illegal fund -raising to prevent others from using their operating venues and sales channels to engage in illegal fundraising;
(2) Strengthen publicity and education for the public to prevent illegal fundraising, setting warning signs at the eye -catching location;
(3) Strictly implement a large -scale transaction and suspicious transaction report system in accordance with the law, analyze and identify the relevant accounts suspected of illegal fund -raising funds, and report the relevant situation in a timely manner. Institutions and disposal of illegal fund -raising departments.
The industry associations and chambers of commerce shall strengthen industry self -regulation and self -restraint, supervise and guide members to actively prevent illegal fundraising, do not organize, do not assist, or participate in illegal fundraising.
The joint meeting shall establish a mechanism for preventing illegal fund -raising propaganda and education working mechanisms for the central and local governments to promote the prevention of illegal fund -raising publicity and education across the country.
C local people's governments at all levels should carry out normalized prevention and education and education work, make full use of various media or carriers, and use legal policy interpretation, typical case analysis, investment risk education and other methods to society. The public promotes the illegal nature, harmfulness and expression forms of illegal fundraising, and enhance the public's awareness and recognition ability of illegal fundraising.
The industry authorities, regulatory departments, industry associations, and chambers of commerce shall conduct targeted prevention and education activities in accordance with the characteristics of illegal fund -raising risks in the industry and field.
The news media should carry out public welfare propaganda prevention of illegal fundraising, and conduct public opinion supervision on illegal fundraising in accordance with the law.
The (166, any unit or individual has the right to report to the illegal fund -raising department or other relevant departments for suspected illegal fund -raising behavior.
The countries encouraged reports on suspected illegal fundraising. The disposal of illegal fund -raising departments and other relevant departments shall publicly report the reporting methods such as telephone and mailboxes, set up report columns on government websites, accept reports, deal with it in time, and keep confidential for the reporters.
It when the resident committee and the villagers' committee found that the area is suspected of illegal fundraising, it shall report to the local people's government, the disposal of the illegal fund -raising department or other relevant departments.
Itly disposal departments and industry authorities and regulatory departments to dispose of illegal fund -raising departments and industry authorities and regulatory departments. Talk, order to rectify.
The Chapter 3 Disposal
It 19, if the following actions in this administrative area are suspected of illegal fundraising, the disposal of the illegal fund -raising department shall organize the relevant industry authorities in time, and The regulatory authorities and the branch of the State Council's financial management departments and dispatch agencies conducted investigation and determination:
(1) Establish Internet companies, investment and investment consulting companies, various trading venues or platforms, farmers' professional cooperatives, funds, funds, funds Mutual assistance organizations and other organizations absorb funds;
(2) In the name of issuing or transferring equity, debt, raising funds, selling insurance products, or engaging in various types of asset management, virtual currency, financial leasing business, etc. Absorbing funds;
(3) In the business activities such as sales, services, investment projects, etc., absorb funds in the form of paying money, equity, and physical objects;
(4) Violation of laws, administrative regulations, or relevant state regulations, publicly disseminate absorption of funding information through mass communication media, instant communication tools or other methods;
(5) Other allegedly suspected funds.
It Article 20: If an illegal fundraising person is a unit of suspected illegal fund -raising behavior of the cross -administrative area, the illegal fund -raising department shall be dispatched by the registered government to organize the investigation and determine The land or frequent residence disposal of illegal fund -raising departments organized investigation and determination. The place where the illegal fund -raising behavior, the place where the fundraising assets are located, and the place where the fundraising participants are located shall cooperate with the investigation and identification work.
The disposal department to deal with illegal fund -raising departments in disputes over the organization's responsibilities of the organization's investigation and identification, shall be determined by its joint disposal of the illegal fund -raising department; The joint meeting is determined.
It (1st to deal with illegal fund -raising and leading department to organize investigations to investigate suspected illegal fundraising behavior, and can take the following measures:
(1) Entering places suspected of illegal fundraising to investigate and obtain evidence collection ;
(2) Inquiry units and individuals related to the investigation incident, requiring it to explain the matters; Files, materials, electronic data, etc., seal the documents, materials, electronic equipment, etc. that may be transferred, concealed or damaged;
(4) Inquire about the relevant accounts suspected of illegal fundraising according to law.
The investigators must not be less than 2, and law enforcement documents should be presented.
The units and individuals related to the investigation incident shall cooperate with the investigation and shall not refuse or obstruct.
It 22 Disposal illegal fund -raising and led departments to investigate suspected illegal fund -raising behavior, have the right to suspend funding, notify the market supervision and management department or other relevant departments to suspend the relevant units suspected of illegal fundraising Proceed to set up, change or cancel the registration.
It 23 If the investigation is determined to be an illegal fundraising, the disposal of the illegal fund -raising department shall order illegal fund -raising and illegal fund -raising to help people immediately stop related illegal activities; The case is transferred to the public security organs in a timely manner and cooperated with related work.
The investigation of illegal fund -raising behavior in administrative organs is not a must for criminal responsibility in accordance with the law.
It 24 Depending on the need to deal with illegal fund -raising, dealing with illegal fund -raising and leading departments may take the following measures:
(1) Checking related operating venues, sealing and seizure related related Assets;
(2) ordered illegal funders and illegal fund -raising to help recovery and sell related assets to clear fund -raising funds;
(3) The local people's governments at or above the municipal level shall dispose of the illegal fund -raising department and the leading department decided to notify the entry and exit border inspection agencies in accordance with regulations to restrict the controlling shareholders, actual controllers, directors, supervisors, senior managers, and other direct directors of illegal fundraising units or other direct managers of illegal fundraising units. Responsible persons out of the country.
The measures stipulated in the first and second provisions of the preceding paragraph shall be approved by the main responsible person in charge of the illegal fund -raising department.
The illegal fund -raising and illegal fund -raising assistance to the fundraising participants should refund the fund -raising funds. The process of clearing should accept the supervision of the illegal fund -raising department.
This or individual may obtain economic benefits from illegal fundraising.
The losses suffered due to participation in illegal fundraising, shared by the fundraising participants themselves.
The source of funds for clean -up fundraising includes:
(1) The balance of illegal fundraising funds;
(2) illegal fundraising funds The income or other assets and their income;
(3) illegal fundraising and its shareholders, actual controllers, directors, supervisors, senior managers and other relevant personnel obtained from illegal fundraising Economic interests;
(4) illegal fund -raising funds or related assets of illegal fundraising people;
(5) advertising fees and endorsement fees obtained in illegal fundraising , Agent fees, benefits, benefits, rebates, commissions, commission and other economic interests;
(6) can be used as other assets for refund fundraising funds.
The enterprises, individual industrial and commercial households and farmers' professional cooperatives established by illegal fund -raising shall be revoked by the market supervision and management department. In order to illegally fund -raising websites, mobile applications developed, and other Internet applications, the telecommunications authorities are closed by the telecommunications department according to law.
It 28 The financial management department of the State Council, its branches, and dispatch agencies, relevant departments of the local people's government, and other relevant units and individuals shall support and cooperate with the disposal of illegal fundraising.
The units or individuals must not obstruct or hinder the disposal of illegal fund -raising work.
It 29 During the disposal of illegal fund -raising, the relevant local people's governments shall take effective measures to maintain social stability.
Chapter 4 Legal liability
The illegal fund -raising person to dispose of illegal fund -raising the amount of the amount of the illegal fund -raising department of 20%or less. If an illegal fundraising person is a unit, it can also be ordered to suspend production and discontinue according to the weight of the circumstances. The relevant authorities will revoke the license, business license or registration certificate according to law; Warning, a fine of 500,000 yuan and 5 million yuan. Constitute a crime, be held criminally responsible.
The assistance to illegal fund -raising shall be given a warning to the illegal fund -raising department, and a fine of more than 3 times the illegal income of more than 3 times the illegal income shall be investigated for criminal liability in accordance with the law.
It 32 illegal fund -raising and illegal fund -raising helps people cannot perform the funding funds assumed at the same time and pay the fine obligations.
The illegal fund -raising and illegal fund -raising assistance shall be established by relevant departments to establish credit records in accordance with the regulations and incorporate their credit records into the national credit information sharing platform in accordance with regulations.
It 34 Internet information service providers who fail to perform the obligation to prevent and dispose of suspected illegal fundraising information shall be ordered by the relevant authorities to make corrections, give warnings, confiscate illegal income; If the circumstances are serious, a fine of 100,000 yuan or less than 500,000 yuan can be imposed, and you can order the suspension of related businesses, suspend business rectification, close the website, revoke related business licenses, or revoke business licenses according to the weight of the circumstances. The directly responsible persons have a fine of 10,000 yuan and 100,000 yuan.
If advertising operators and advertising publishers who fail to check the relevant certification documents and check the content of advertising in accordance with the regulations, the market supervision and management department shall order correction, and shall be punished in accordance with the provisions of the "Advertising Law of the People's Republic of China".
Itte 35 financial institutions and non -bank payment institutions have not fulfilled the obligation to prevent illegal fund -raising, shall be corrected by the financial management department of the State Council or its branches and dispatched institutions in accordance with the division of responsibilities, a warning, confiscation of confiscation If the illegal income; if it causes serious consequences, a fine of 1 million yuan or less, and a warning of the direct responsible persons and other direct responsible personnel shall be imposed on a fine of 100,000 yuan or less than 500,000 yuan.
It 36 -related units and individuals related to the investigation incident do not cooperate with the investigation, and refuse to provide relevant documents, materials, electronic data, etc., or provide false documents, data, electronic data, etc. The illegal fund -raising department ordered a warning to be given a warning to a fine of 50,000 yuan and 500,000 yuan.
I obstructing investigators to perform their duties in accordance with the law and constitute a violation of public security management, shall be punished by public security organs in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
37 If the staff of the state organs have one of the following actions, the punishment shall be given according to law:
(1) The units that know the supervisory and regulatory units are suspected of illegal fundraising Do not deal with in time in accordance with the law;
(2) Failure to perform the responsibilities of illegal fundraising in time in accordance with regulations, or do not cooperate with illegal fundraising disposal, causing serious consequences;
( 3) Abuse of power, neglecting duties, and fraud in private funds in the process of preventing and disposing of illegal fund -raising;
(4) Support, shelter, and indulge illegal fundraising through duty behavior or use of duties.
The behavior specified in the preceding paragraph constitutes a crime shall be investigated for criminal responsibility in accordance with the law.
The Chapter 5 Attachment
It 38 provinces, autonomous regions, and municipalities may formulate the implementation rules for prevention and disposal of illegal fund -raising in accordance with these regulations.
It without permission to follow the law or violates national financial management regulations, and engage in financial business activities such as loans, payment settlement, and discounting of bills, shall shall Responsible in accordance with the division of responsibilities of supervision and management.
The prevention and disposal of other illegal financial business activities on laws and administrative regulations on law and administrative regulations shall be implemented with reference to the relevant provisions of these regulations. The specific types of other illegal financial business activities are determined by the financial management department of the State Council.
The Article 40 These regulations will be implemented from May 1, 2021. On July 13, 1998, the "Measures for the ban on illegal financial institutions and illegal financial business activities" issued by the State Council was abolished at the same time.
Excuse me, when the state is given the right to judge the public security investigation, and there is still a life imprisonment. The sentence should be a matter of the court. Can the Wenwen's texts be issued like this?
On April 27, 2016, the 14 Ministry of the Ministry of China (the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Public Security, the CBRC, the CBRC, the CIRC, the Ministry of Industry and Information Technology, the Ministry of Industry and Commerce, the Ministry of Agriculture, the Forestry Bureau, the Ministry of Commerce, Tourism, Tourism, Tourism Bureau) Hold a "Disposal Inter -Funding Ministry Joint Meeting" in Beijing. From June to August of that year, the national "illegal fund -raising case" special rectification work was launched. "Emergency Regulations on Special Disposal of Raidering Fund Fraud":
1. In order to do its best, the government has made up for economic losses for the victims who have been funded by illegal suspects in recent years. Referred to as the Emergency Regulations). Given that Prime Minister Li instructed "revitalizing the stock funds, liberalized private loans, and supporting the development of the private economy", the relevant departments and local governments did not introduce financial regulatory measures and the protection measures for private creditor's claims. Illegal fund -raising fraud cases must be renamed "fund -raising fraud case". It is not advisable to use the name of "illegal fundraising" to harm the victims of innocent victims.
2. Anyone who raised fund -raising fraud before the end of this year can repay 50%of borrowing funds. After signing and agreed by most victim creditors, the criminal processing judgment can be suspended. Criminal penalties.
3. The case has been arrested and the amount of fraud borrowing is more than 10 million. The suspects who cannot repay 50%of the borrowing funds cannot be repaid this year, and they will be sentenced to "life imprisonment." After that, the repayment debt ratio was gradually reduced. After half of the loan, you can refer to the (2) model for "bail pending trial".
4. Criminal treatment must never cancel criminal debts. Dedicated criminals and their direct family members must establish a lifelong debt mechanism for life. Before the suspect was repaid the debt, the court had the right to monitor the bank account funds of any of the criminals any of the bank accounts of any of the criminals — only to enter, first ensure that the debt of the creditors was repaid.
5. Any public security organs who have arrested the primary criminals that have arrested fund -raising fraud have responsibility and obligations to accept the report of the priest's fundraising fraud victim in other regions. Prosecution. When the court auction to clean up criminal assets and judge the debt of the victim, the victim must be assigned to the victims, allocating on average, and not allowed local protectionism.
6. Police officers who are responsible for investigating fund -raising fraud suspects must strictly follow the "People's Republic of China People's Police Law" and the "Criminal Procedure Law of the People's Republic of China" in accordance with the law. It is strictly forbidden to investigate police officers. The victims of the fund -raising fraud case found that the police officers were responsible for investigating the project during the investigation. During the investigation, suspicious trips such as corruption, illegal malfeasance, and sheltering criminal suspects could apply to the people's procuratorate for the people's procuratorate for investigating the investigation police officer.
This is a false information, a rumor, and there is no such regulation.
The latest regulations on illegal fund-raising are;
index number: 000014349/2021-00008 Theme Category: Finance, Finance, Audit Other
Document Organ: Day
Title: Prevention and disposal of illegal fund -raising regulations
Sending number: Guoling No. 737 Release Date: February 10, 2021
Topic words:
China China The State Council of the People's Republic of China
"Regulations on Prevention and Disposal illegal Funding" was passed on the 119th Executive Meeting of the State Council on December 21, 2020, which is now announced. It will be implemented on May 1, 2021.
Prime Minister Li Keqiang
January 26, 2021
The prevention and disposal of illegal fundraising regulations
R n
It Article 1 In order to prevent and dispose of illegal fundraising, protect the legitimate rights and interests of the public, prevent and resolve financial risks, maintain economic order and social stability, and formulate these regulations.
illegal fundraising referred to in these regulations refers to the promise of repaying interest rates or giving other investment returns without permission or violation of national financial management regulations in accordance with law or violating national financial management regulations in accordance with the law. Unsteading objects absorb funds.
The prevention of illegal fundraising and the disposal of illegal fundraising by administrative organs, these regulations are applicable. If laws and administrative regulations are provided for illegal financial business activities such as banks, securities, insurance, and foreign exchange, it shall apply its provisions.
The financial management department of the State Council referred to in these regulations refers to the People's Bank of China, the State Council's financial supervision and management agency, and the foreign exchange management department of the State Council.
3 The illegal fund -raising of these regulations refers to the units and individuals that initiate, dominate or organize illegal fundraising; Units and individuals who help and obtain economic benefits.
It 4 The state prohibit any form of illegal fund -raising, and the principles of illegal fund -raising adhere to the mainstay of preventing prevention, early fighting, comprehensive governance, and stable disposal.
The people's governments of provinces, autonomous regions, and municipalities are generally responsible for the prevention and disposal of illegal fundraising in their administrative areas. Local people's governments at all levels should establish and improve the prevention and disposal of illegal fundraising by the government's unified leadership. mechanism. Local people's governments at or above the county level shall clearly prevent and dispose of the leading departments of the illegal fund -raising working mechanism (hereinafter referred to as the disposal of the illegal fund -raising leading department), and the relevant departments and the financial management department of the State Council's branch agencies, dispatched institutions and other units to participate in the working mechanism; Clarify those who are responsible for preventing and dealing with illegal fund -raising work. The local people's governments of the higher level shall urge and guide the local people's governments to do a good job of preventing and dealing with illegal fund -raising work in their administrative regions.
The industry authorities and regulatory departments shall be responsible for the prevention and cooperation of illegal fund -raising in the industry and field in accordance with the division of responsibilities.
It 6 The State Council establishes a system for disposal of inter -fund -raising inter -funded joint conferences (hereinafter referred to as joint meetings). The joint meeting is led by the State Council's bank insurance supervision and management agency. The relevant departments participated in the supervision and guidance of relevant departments and localities to carry out prevention and disposal of illegal fund -raising work, and coordinate and solve major issues in prevention and disposal of illegal fundraising.
The people's governments at all levels shall reasonably ensure the prevention and disposal of illegal fund -raising work, and be included in the budget at the level.
It Chapter 2 Prevention
The local people's governments at all levels shall establish an illegal fund -raising monitoring and early warning mechanism, incorporate the comprehensive social security governance system, give full play to grid management and grassroots level The role of mass autonomous organizations uses modern information technology such as big data to strengthen monitoring and early warning of illegal fundraising.
The industry authorities and regulatory departments shall strengthen daily supervision and management, and be responsible for the risk investigation and monitoring and early warning of illegal fund -raising in the industry and field.
If joint meetings shall establish and improve the national illegal fund -raising monitoring and early warning system, promote the construction of a national monitoring and early warning platform, promote local and departmental information sharing, strengthen the research and judgment of illegal fundraising risks, and timely warning prompts.
The 9 of the market supervision and management department shall strengthen business registration management such as enterprises, individual industrial and commercial households and business scope. Except for laws, administrative regulations and other regulations, the names and business scope of enterprises, individual industrial and commercial households shall not include "finance", "exchanges", "trading centers", "wealth management", "wealth management", "equity crowd", "equity crowd", "equity crowd" Break "" and other words or content.
The relevant departments such as illegal fund -raising leading departments and market supervision and management departments at or above the county level shall establish a business mechanism to find that the names of enterprises, individual industrial and commercial households, or operating scope include except for the preceding paragraph specified in the preceding paragraph. Other words or content related to fundraising will focus on time.
It the disposal of illegal fund -raising and leading departments, together with the Internet information content management department and telecommunications authority, strengthen the monitoring of Internet applications such as Internet information and websites, mobile applications, and other Internet applications suspected of illegal fundraising. If the illegal fund -raising leading department is identified as an illegal fund -raising, the Internet information content management department and the competent telecommunications department shall promptly deal with the law in accordance with the law.
The Internet information service provider shall strengthen the management of information publishing information, and shall not produce, copy, publish, and disseminate illegal fund -raising information. The information that is suspected of illegal fundraising is found, and the relevant records should be preserved and reported to the departments of illegal fund -raising.
I except for other regulations on the state, no unit or individual may publish advertisements including fundraising content or fundraising to the public in other ways.
The market supervision and management departments together with the disposal of illegal fund -raising departments to strengthen the monitoring of suspected illegal fund -raising advertisements. If an illegal fund -raising department is identified as an illegal fundraising, the market supervision and management department shall promptly investigate and deal with relevant illegal fund -raising advertisements in accordance with the law.
C advertising operators and advertising publishers shall check the relevant certification documents in accordance with laws and administrative regulations to check the content of advertising. For advertising without relevant certification documents and containing fundraising content, advertising operators shall not provide design, production, and agency services, and advertising publishers shall not publish it.
It 12 Disposal departments of illegal fund -raising departments and the branch of the financial management department and dispatched institutions of the State Council of the State Council shall establish an illegal fund -raising suspicious fund monitoring mechanism. The financial management department of the State Council, its branches, and dispatched institutions shall strengthen the monitoring of the abnormal flow of funds and other suspected illegal fund -raising funds in accordance with the division of responsibilities, guiding financial institutions, non -bank payment institutions, and non -bank payment institutions.
It financial institutions and non -bank payment institutions shall fulfill the obligation to prevent illegal fund -raising:
(1) Establish and improve internal management systems, prohibit branches and employees from being prohibited from branch institutions and employees Participate in illegal fund -raising to prevent others from using their operating venues and sales channels to engage in illegal fundraising;
(2) Strengthen publicity and education for the public to prevent illegal fundraising, setting warning signs at the eye -catching location;
(3) Strictly implement a large -scale transaction and suspicious transaction report system in accordance with the law, analyze and identify the relevant accounts suspected of illegal fund -raising funds, and report the relevant situation in a timely manner. Institutions and disposal of illegal fund -raising departments.
The industry associations and chambers of commerce shall strengthen industry self -regulation and self -restraint, supervise and guide members to actively prevent illegal fundraising, do not organize, do not assist, or participate in illegal fundraising.
The joint meeting shall establish a mechanism for preventing illegal fund -raising propaganda and education working mechanisms for the central and local governments to promote the prevention of illegal fund -raising publicity and education across the country.
C local people's governments at all levels should carry out normalized prevention and education and education work, make full use of various media or carriers, and use legal policy interpretation, typical case analysis, investment risk education and other methods to society. The public promotes the illegal nature, harmfulness and expression forms of illegal fundraising, and enhance the public's awareness and recognition ability of illegal fundraising.
The industry authorities, regulatory departments, industry associations, and chambers of commerce shall conduct targeted prevention and education activities in accordance with the characteristics of illegal fund -raising risks in the industry and field.
The news media should carry out public welfare propaganda prevention of illegal fundraising, and conduct public opinion supervision on illegal fundraising in accordance with the law.
The (166, any unit or individual has the right to report to the illegal fund -raising department or other relevant departments for suspected illegal fund -raising behavior.
The countries encouraged reports on suspected illegal fundraising. The disposal of illegal fund -raising departments and other relevant departments shall publicly report the reporting methods such as telephone and mailboxes, set up report columns on government websites, accept reports, deal with it in time, and keep confidential for the reporters.
It when the resident committee and the villagers' committee found that the area is suspected of illegal fundraising, it shall report to the local people's government, the disposal of the illegal fund -raising department or other relevant departments.
Itly disposal departments and industry authorities and regulatory departments to dispose of illegal fund -raising departments and industry authorities and regulatory departments. Talk, order to rectify.
The Chapter 3 Disposal
It 19, if the following actions in this administrative area are suspected of illegal fundraising, the disposal of the illegal fund -raising department shall organize the relevant industry authorities in time, and The regulatory authorities and the branch of the State Council's financial management departments and dispatch agencies conducted investigation and determination:
(1) Establish Internet companies, investment and investment consulting companies, various trading venues or platforms, farmers' professional cooperatives, funds, funds, funds Mutual assistance organizations and other organizations absorb funds;
(2) In the name of issuing or transferring equity, debt, raising funds, selling insurance products, or engaging in various types of asset management, virtual currency, financial leasing business, etc. Absorbing funds;
(3) In the business activities such as sales, services, investment projects, etc., absorb funds in the form of paying money, equity, and physical objects;
(4) Violation of laws, administrative regulations, or relevant state regulations, publicly disseminate absorption of funding information through mass communication media, instant communication tools or other methods;
(5) Other allegedly suspected funds.
It Article 20: If an illegal fundraising person is a unit of suspected illegal fund -raising behavior of the cross -administrative area, the illegal fund -raising department shall be dispatched by the registered government to organize the investigation and determine The land or frequent residence disposal of illegal fund -raising departments organized investigation and determination. The place where the illegal fund -raising behavior, the place where the fundraising assets are located, and the place where the fundraising participants are located shall cooperate with the investigation and identification work.
The disposal department to deal with illegal fund -raising departments in disputes over the organization's responsibilities of the organization's investigation and identification, shall be determined by its joint disposal of the illegal fund -raising department; The joint meeting is determined.
It (1st to deal with illegal fund -raising and leading department to organize investigations to investigate suspected illegal fundraising behavior, and can take the following measures:
(1) Entering places suspected of illegal fundraising to investigate and obtain evidence collection ;
(2) Inquiry units and individuals related to the investigation incident, requiring it to explain the matters; Files, materials, electronic data, etc., seal the documents, materials, electronic equipment, etc. that may be transferred, concealed or damaged;
(4) Inquire about the relevant accounts suspected of illegal fundraising according to law.
The investigators must not be less than 2, and law enforcement documents should be presented.
The units and individuals related to the investigation incident shall cooperate with the investigation and shall not refuse or obstruct.
It 22 Disposal illegal fund -raising and led departments to investigate suspected illegal fund -raising behavior, have the right to suspend funding, notify the market supervision and management department or other relevant departments to suspend the relevant units suspected of illegal fundraising Proceed to set up, change or cancel the registration.
It 23 If the investigation is determined to be an illegal fundraising, the disposal of the illegal fund -raising department shall order illegal fund -raising and illegal fund -raising to help people immediately stop related illegal activities; The case is transferred to the public security organs in a timely manner and cooperated with related work.
The investigation of illegal fund -raising behavior in administrative organs is not a must for criminal responsibility in accordance with the law.
It 24 Depending on the need to deal with illegal fund -raising, dealing with illegal fund -raising and leading departments may take the following measures:
(1) Checking related operating venues, sealing and seizure related related Assets;
(2) ordered illegal funders and illegal fund -raising to help recovery and sell related assets to clear fund -raising funds;
(3) The local people's governments at or above the municipal level shall dispose of the illegal fund -raising department and the leading department decided to notify the entry and exit border inspection agencies in accordance with regulations to restrict the controlling shareholders, actual controllers, directors, supervisors, senior managers, and other direct directors of illegal fundraising units or other direct managers of illegal fundraising units. Responsible persons out of the country.
The measures stipulated in the first and second provisions of the preceding paragraph shall be approved by the main responsible person in charge of the illegal fund -raising department.
The illegal fund -raising and illegal fund -raising assistance to the fundraising participants should refund the fund -raising funds. The process of clearing should accept the supervision of the illegal fund -raising department.
This or individual may obtain economic benefits from illegal fundraising.
The losses suffered due to participation in illegal fundraising, shared by the fundraising participants themselves.
The source of funds for clean -up fundraising includes:
(1) The balance of illegal fundraising funds;
(2) illegal fundraising funds The income or other assets and their income;
(3) illegal fundraising and its shareholders, actual controllers, directors, supervisors, senior managers and other relevant personnel obtained from illegal fundraising Economic interests;
(4) illegal fund -raising funds or related assets of illegal fundraising people;
(5) advertising fees and endorsement fees obtained in illegal fundraising , Agent fees, benefits, benefits, rebates, commissions, commission and other economic interests;
(6) can be used as other assets for refund fundraising funds.
The enterprises, individual industrial and commercial households and farmers' professional cooperatives established by illegal fund -raising shall be revoked by the market supervision and management department. In order to illegally fund -raising websites, mobile applications developed, and other Internet applications, the telecommunications authorities are closed by the telecommunications department according to law.
It 28 The financial management department of the State Council, its branches, and dispatch agencies, relevant departments of the local people's government, and other relevant units and individuals shall support and cooperate with the disposal of illegal fundraising.
The units or individuals must not obstruct or hinder the disposal of illegal fund -raising work.
It 29 During the disposal of illegal fund -raising, the relevant local people's governments shall take effective measures to maintain social stability.
Chapter 4 Legal liability
The illegal fund -raising person to dispose of illegal fund -raising the amount of the amount of the illegal fund -raising department of 20%or less. If an illegal fundraising person is a unit, it can also be ordered to suspend production and discontinue according to the weight of the circumstances. The relevant authorities will revoke the license, business license or registration certificate according to law; Warning, a fine of 500,000 yuan and 5 million yuan. Constitute a crime, be held criminally responsible.
The assistance to illegal fund -raising shall be given a warning to the illegal fund -raising department, and a fine of more than 3 times the illegal income of more than 3 times the illegal income shall be investigated for criminal liability in accordance with the law.
It 32 illegal fund -raising and illegal fund -raising helps people cannot perform the funding funds assumed at the same time and pay the fine obligations.
The illegal fund -raising and illegal fund -raising assistance shall be established by relevant departments to establish credit records in accordance with the regulations and incorporate their credit records into the national credit information sharing platform in accordance with regulations.
It 34 Internet information service providers who fail to perform the obligation to prevent and dispose of suspected illegal fundraising information shall be ordered by the relevant authorities to make corrections, give warnings, confiscate illegal income; If the circumstances are serious, a fine of 100,000 yuan or less than 500,000 yuan can be imposed, and you can order the suspension of related businesses, suspend business rectification, close the website, revoke related business licenses, or revoke business licenses according to the weight of the circumstances. The directly responsible persons have a fine of 10,000 yuan and 100,000 yuan.
If advertising operators and advertising publishers who fail to check the relevant certification documents and check the content of advertising in accordance with the regulations, the market supervision and management department shall order correction, and shall be punished in accordance with the provisions of the "Advertising Law of the People's Republic of China".
Itte 35 financial institutions and non -bank payment institutions have not fulfilled the obligation to prevent illegal fund -raising, shall be corrected by the financial management department of the State Council or its branches and dispatched institutions in accordance with the division of responsibilities, a warning, confiscation of confiscation If the illegal income; if it causes serious consequences, a fine of 1 million yuan or less, and a warning of the direct responsible persons and other direct responsible personnel shall be imposed on a fine of 100,000 yuan or less than 500,000 yuan.
It 36 -related units and individuals related to the investigation incident do not cooperate with the investigation, and refuse to provide relevant documents, materials, electronic data, etc., or provide false documents, data, electronic data, etc. The illegal fund -raising department ordered a warning to be given a warning to a fine of 50,000 yuan and 500,000 yuan.
I obstructing investigators to perform their duties in accordance with the law and constitute a violation of public security management, shall be punished by public security organs in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
37 If the staff of the state organs have one of the following actions, the punishment shall be given according to law:
(1) The units that know the supervisory and regulatory units are suspected of illegal fundraising Do not deal with in time in accordance with the law;
(2) Failure to perform the responsibilities of illegal fundraising in time in accordance with regulations, or do not cooperate with illegal fundraising disposal, causing serious consequences;
( 3) Abuse of power, neglecting duties, and fraud in private funds in the process of preventing and disposing of illegal fund -raising;
(4) Support, shelter, and indulge illegal fundraising through duty behavior or use of duties.
The behavior specified in the preceding paragraph constitutes a crime shall be investigated for criminal responsibility in accordance with the law.
The Chapter 5 Attachment
It 38 provinces, autonomous regions, and municipalities may formulate the implementation rules for prevention and disposal of illegal fund -raising in accordance with these regulations.
It without permission to follow the law or violates national financial management regulations, and engage in financial business activities such as loans, payment settlement, and discounting of bills, shall shall Responsible in accordance with the division of responsibilities of supervision and management.
The prevention and disposal of other illegal financial business activities on laws and administrative regulations on law and administrative regulations shall be implemented with reference to the relevant provisions of these regulations. The specific types of other illegal financial business activities are determined by the financial management department of the State Council.
The Article 40 These regulations will be implemented from May 1, 2021. On July 13, 1998, the "Measures for the ban on illegal financial institutions and illegal financial business activities" issued by the State Council was abolished at the same time.
It was issued by the Supreme People's Court and the Supreme People's Procuratorate and the Ministry of Public Security
Excuse me, when the state is given the right to judge the public security investigation, and there is still a life imprisonment. The sentence should be a matter of the court. Can the Wenwen's texts be issued like this?