Collect money illegally the risk is how-to
4 equity investment is involved collect money illegally the risk is how-to
Equity investment points to obtain through investment by the share of unit of investment. It is to point to an enterprise (or individual) bought other company (preparation appears on the market, did not appear on the market company) stock or with asset of monetary fund, intangible assets and other in kind direct invest in is other unit, ultimate goal is to acquire larger economic interest, interest of this kind of economy can pass cent to get profit or dividend is gotten, also can pass other way to obtain.
One, equity investment involves the risk that collects money illegally to burn reminder
Collect money illegally what equity invests the risk basically centers in a few following respects:
(one) investment main body is not specific
Investment of illicit collect equity can face specific target only, and somebody counts limitation (joint-stock company makes equity fund do not exceed 200 people, partnership is made and finite liability company makes equity fund do not exceed 50 people) .
(2) illicit collect equity attracts investment publicly
Illicit collect equity invests to be able to undertake in order to be not public manner only, undertake negotiation with investor under the counter by fund management person normally.
(3) affirmatory redound is fast
Investment of illicit collect equity is extended hold normally the stock of a company or long-term investment a company, belong to long term investment means, investment deadline is 5-7 commonly year.
(4) affirmatory tall redound
According to legal provision, investment of illicit collect equity does not get acceptance to protect this or fixed redound.
(5) dummy project
Involve the item of fiction of project management person that collects money illegally, do " Pang fraud " and " from be in harmony " , in investing a process actually perhaps " bright solid debt " .
2, equity investment involves the behavior that collects money illegally to maintain
(one) admit public deposit guilt illegally
Absorb the public illegally to deposit money to perhaps covert draw public deposit, of disturbed finance order, be in 3 years of the following set term of imprisonments or arrest battle, be in or sheet is in 20 thousand yuan of above 200 thousand yuan of the following fine; Amount is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine.
The unit commits a crime, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, formulary punishment is narrated before according to.
(2) collect money crime of fraud
It is a purpose with detinue, use bilk method collects money illegally, number is larger, be in 5 years of the following set term of imprisonments or arrest battle, be in 20 thousand yuan of above amount of; of 200 thousand yuan of the following fine is huge perhaps have other and serious plot, be in 5 years of above 10 years the following set term of imprisonment, be in 50 thousand yuan of above amount of; of 500 thousand yuan of the following fine is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine perhaps confiscate property.
The unit undertakes fund raising bilk, amount is in of 500 thousand yuan of above, ought to maintain for " number is larger " ; Amount is in of 1.5 million yuan of above, ought to maintain for " amount is huge " ; Amount is in of 5 million yuan of above, ought to maintain for " amount is particularly huge " .
Collect money the amount of bilk is a person with going the amount computation of actual diddle, the amount that already remanded before case hair should grant to deduct. Behavior person collects money to carry out bilk activity and fund raising advertisement fee, intermediary cost, poundage, rake-off, perhaps use at bribery, donative wait for charge, do not grant to deduct. Behavior person collects money to carry out bilk activity and fund raising interest, did not remand except capital can grant to fold reach principal beyond, ought to plan join bilk number.
(3) be suspected of participating in the crime that wash money
It is the defect that proves identity information through network attestation. Before leasehold platform asks usurer and borrower are releasing information normally, P2P network must be registered first, the Id that register the individual information such as date, mobile phone date, profession, address, unit, upload edition of Id scanning electron.
To client information, uploading data authenticity is to assure hard more, website cannot specific check.
2 be platform concealment gender, faceless sex and real time sex bring about capital to flow to superintendency difficulty bigger, leasehold platform has the difficulty of check to this. Platform of most network credit is finished through paying the tripartite of treasure and so on to pay a form, after the person that wash money logs onto server of the bank on the net to want to pass close key attestation only, can be below almost faceless means turn immediately Zhang, the move of illegal income can come true in the instant.
(4) be engaged in passing for cover with equity investment sell bilk
According to relevant law laws and regulations, accrual comes from pull the deduct a percentage from a sum of money that get offline, the number exceeds 30 people, layer class exceeds 3 level can qualitative sell to be passed illegally.
(5) the capital that illicit collect fund comes to collect is used at undertaking creditor's rights invests, serious person be suspected of offending manage a hardship illegally
Be engaged in leasehold business belonging to the State Council to set the project that requires classics license, at present law, code not fund of equity of accredit illicit collect undertakes creditor's rights investment. Creditor's rights investment attains certain scale, be suspected of running illegal banking business, according to regulation of relevant administrative regulations, chinese people bank can give confiscate illegal income, be in times above of illegal income １ 5 times the following amerce; Do not have illegal income, be in 100 thousand yuan of above the administrative punishment such as 500 thousand yuan of the following amerce, department of industrial and commercial administration still can be cancelled industrial and commercial register.
(6) alleged " limited partnership "
Have the aid of raises fund the name that establishs limited partnership to control a company, the place that initiator wants to be accused to investor only projects company and affirmatory earnings, beardless and specific explanation is invested the setting of the company, manage and financial condition. Virtually understood specific project to set a barrier to investor. As a result of " law of enterprises of partnership of People's Republic of China " regulation, "Limited partnership business by 2 above 50 the following copartner are established.
