Is private fund-raising legal?
Second, what is private placement?
The essence of private fund-raising is a variant form of private lending, and it is an intermediate form in the evolution of private lending to specialized forms (private equity funds, etc.). ). It does not have the degree of specialization of private financial institutions such as private equity funds and private banks, and its risk characteristics are obvious.
According to the "Guiding Opinions", without public publicity, fund-raising from specific targets within employees or relatives and friends of this unit is generally not recognized as illegal fund-raising; The funds are mainly used for production, operation and related activities. If the actor has the willingness to repay and can repay the fund-raising funds in time, if the circumstances are minor and the social harm is not great, he may be exempted from criminal punishment or not treated as a crime.
Three. What is illegal fund raising?
Illegal fund-raising is a criminal activity. (According to the provisions of the Notice on Banning Illegal Financial Institutions and Illegal Financial Business Activities), it refers to the act that a unit or individual raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates without the approval of the relevant departments in accordance with legal procedures, and promises to repay the principal and interest to investors in cash, in kind or in other ways within a certain period of time.
In order to punish illegal fund-raising activities such as illegal absorption of public deposits and fund-raising fraud, the Supreme People's Court, together with China Banking Regulatory Commission and other relevant units, studied and formulated the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising, which came into effect on 20114.
The above is an introduction to the article "Whether private fund-raising is legal", which mainly introduces the legality of private fund-raising, the concepts of private fund-raising and illegal fund-raising. If there is any dispute about the legal issues of private fund-raising, you can consult a lawyer of the French Open yourself!
Disclaimer: This work is the author's integration of laws and regulations, government official website and Internet-related knowledge. If the content is wrong, please contact to delete it through the complaint function.
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