Chapter I General Provisions
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, preventing and defusing financial risks, and maintaining economic order and social stability.
article 2 the term "illegal fund-raising" as mentioned in these regulations refers to the act of absorbing funds from unspecified objects by promising to repay the principal and interest or giving other investment returns without the legal permission of the financial management department of the State Council or violating the financial management regulations of the state.
these regulations apply to the prevention of illegal fund-raising and the disposal of illegal fund-raising by administrative organs. Where there are other provisions in laws and administrative regulations on illegally engaging in banking, securities, insurance, foreign exchange and other financial business activities, such provisions shall apply.
the financial management department of the State Council mentioned in these regulations refers to the people's bank of China, the financial supervision and management institution of the State Council and the foreign exchange management department of the State Council.
article 3 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-raiser" refers to the units and individuals who provide help and obtain economic benefits knowing that it is illegal fund-raiser.
article 4 the state prohibits any form of illegal fund-raising, and adheres to the principles of giving priority to prevention, cracking down early, comprehensively managing and properly handling illegal fund-raising.
article 5 the people's governments of provinces, autonomous regions and municipalities directly under the central government shall take overall responsibility for the prevention and disposal of illegal fund-raising within their respective administrative areas, and local people's governments at all levels shall establish and improve the working mechanism for the prevention and disposal of illegal fund-raising under the unified leadership of the government. The local people's governments at or above the county level shall specify the lead department for the prevention and disposal of illegal fund-raising mechanism (hereinafter referred to as the lead department for the disposal of illegal fund-raising), relevant departments, branches and agencies of the State Council financial management department and other units to participate in the working mechanism; The Township People's Government shall clearly take the lead in the prevention and disposal of illegal fund-raising. The local people's governments at higher levels shall urge and guide the local people's governments at lower levels to do a good job in preventing and handling illegal fund-raising in their respective administrative areas.
the competent department of the industry and the supervisory department shall, according to the division of responsibilities, be responsible for the prevention and coordination of illegal fund-raising in the industry and field.
article 6 the State Council shall establish an inter-ministerial joint meeting system for handling illegal fund-raising (hereinafter referred to as the joint meeting). The joint meeting is led by the insurance supervision and administration institution of the State Council Bank, with the participation of relevant departments. It is responsible for supervising and guiding relevant departments and localities to carry out prevention and disposal of illegal fund-raising, and coordinating and solving major problems in prevention and disposal of illegal fund-raising.
article 7 people's governments at all levels shall reasonably guarantee the funds related to the prevention and disposal of illegal fund-raising and include them in the budgets at the corresponding levels.
chapter ii prevention
article 8 local people's governments at all levels should establish a monitoring and early warning mechanism for illegal fund-raising, incorporate it into the comprehensive management system of social security, give play to the role of grid management and grassroots self-governing organizations, and use modern information technology such as big data to strengthen the monitoring and early warning of illegal fund-raising.
the industry authorities and regulatory authorities should strengthen daily supervision and management, and be responsible for the risk investigation, monitoring and early warning of illegal fund-raising in this industry and field.
the joint meeting should establish and improve the national monitoring and early warning system for illegal fund-raising, promote the construction of a national monitoring and early warning platform, promote the sharing of information of local and departmental departments, strengthen the risk analysis of illegal fund-raising and provide timely early warning tips.
article 9 the market supervision and management department shall strengthen the management of commercial registration such as the names and business scope of enterprises and individual industrial and commercial households. Unless otherwise stipulated by laws, administrative regulations and the state, the names and business scope of enterprises and individual industrial and commercial households shall not contain the words or contents such as "finance", "exchange", "trading center", "wealth management" and "equity crowdfunding".
the local people's government at or above the county level shall take the lead in dealing with illegal fund-raising, the market supervision and management department and other relevant departments shall establish a consultation mechanism, and if it is found that the name or business scope of an enterprise or individual industrial and commercial household contains other words or contents related to fund-raising other than those specified in the preceding paragraph, it shall be given priority attention in time.
Article 1 The lead department in handling illegal fund-raising shall strengthen the monitoring of Internet information and Internet applications such as websites and mobile applications suspected of illegal fund-raising together with the Internet information content management department and the competent telecommunications department. If the lead department for the disposal of illegal fund-raising is identified as being used for illegal fund-raising, the Internet information content management department and the competent telecommunications department shall promptly deal with it according to law.
internet information service providers should strengthen the management of information released by users, and may not produce, copy, publish or disseminate information suspected of illegal fund-raising. If information suspected of illegal fund-raising is found, relevant records shall be kept and reported to the lead department for handling illegal fund-raising.
article 11 unless otherwise stipulated by the state, no unit or individual may publish advertisements containing fund-raising contents or publicize fund-raising to the public in other ways.
the market supervision and management department will strengthen the monitoring of advertisements suspected of illegal fund-raising together with the lead department for handling illegal fund-raising. If the lead department of illegal fund-raising is identified as illegal fund-raising, the market supervision and management department shall promptly investigate and deal with relevant illegal fund-raising advertisements according to law.
advertising agents and publishers should check relevant supporting documents and check the contents of advertisements in accordance with laws and administrative regulations. For advertisements without relevant supporting documents and containing fund-raising contents, advertising operators shall not provide design, production and agency services, and advertisement publishers shall not publish them.
Article 12 The lead department for handling illegal fund-raising and the local branches and agencies of the financial management department of the State Council shall establish a monitoring mechanism for suspicious funds of illegal fund-raising. The State Council financial management department and its branches and agencies shall, in accordance with the division of responsibilities, urge and guide financial institutions and non-bank payment institutions to strengthen the monitoring of abnormal capital flows and other suspected illegal fund-raising.
Article 13 Financial institutions and non-bank payment institutions shall perform the following obligations to prevent illegal fund-raising:
(1) Establish and improve the internal management system, prohibit branches and employees from participating in illegal fund-raising and prevent others from using their business premises and sales channels to engage in illegal fund-raising;
(2) Strengthen publicity and education for the public to prevent illegal fund-raising, and set up warning signs in conspicuous places in business premises;
(3) Strictly implement the reporting system for large-value transactions and suspicious transactions according to law, analyze and identify relevant accounts suspected of abnormal flow of illegal fund-raising, and timely report the relevant information to the branches, dispatched offices and lead departments for handling illegal fund-raising in the State Council.
Article 14 Trade associations and chambers of commerce shall strengthen self-discipline management and self-discipline, urge and guide their members to actively prevent illegal fund-raising, and do not organize, assist or participate in illegal fund-raising.
Article 15 The joint meeting shall establish a publicity and education mechanism linking the central and local governments to prevent illegal fund-raising, and promote the publicity and education work on preventing illegal fund-raising nationwide.
local people's governments at all levels should carry out regular publicity and education work to prevent illegal fund-raising, make full use of various media or carriers, and publicize the illegality, harmfulness and manifestations of illegal fund-raising to the public by means of legal policy interpretation, typical case analysis and investment risk education, so as to enhance the public's awareness and recognition of illegal fund-raising.
industry authorities, regulatory authorities, industry associations and chambers of commerce should carry out targeted publicity and education activities to prevent illegal fund-raising according to the risk characteristics of illegal fund-raising in their industries and fields.
the news media should carry out public welfare propaganda to prevent illegal fund-raising, and supervise illegal fund-raising by public opinion according to law.
article 16 any unit or individual has the right to report suspected illegal fund-raising to the lead department for handling illegal fund-raising or other relevant departments.
the state encourages the reporting of suspected illegal fund-raising. The lead department in handling illegal fund-raising and other relevant departments shall publicly report the phone number and email address, set up a report column on the government website, accept the report, deal with it in a timely manner according to law, and keep the informant confidential.
article 17 residents' committees and villagers' committees shall report to the local people's government, the lead department in handling illegal fund-raising or other relevant departments if they find any suspected illegal fund-raising behavior in their areas.
article 18 if the lead department dealing with illegal fund-raising, the competent department of industry and the regulatory department find that there may be risks of illegal fund-raising in their own administrative areas or industries and fields, they have the right to conduct warning interviews with relevant units and individuals and order them to make rectification.
Chapter III Disposition
Article 19 If the following acts within their respective administrative areas are suspected of illegal fund-raising, the lead department in handling illegal fund-raising shall promptly organize relevant industry authorities, regulatory authorities, branches and agencies of the State Council financial management department to investigate and confirm:
(1) Establish Internet enterprises, investment and investment consulting enterprises, various trading places or platforms, farmers' professional cooperatives, mutual funds organizations and other organizations to absorb funds;
(2) absorbing funds in the name of issuing or transferring equity and creditor's rights, raising funds, selling insurance products, or engaging in various asset management, virtual currency, financial leasing business, etc.;
(3) In commercial activities such as selling commodities, providing services, investing in projects, etc., absorbing funds in the form of promising to pay monetary, equity, physical and other returns;
(4) in violation of laws, administrative regulations or relevant provisions of the state, publicly disseminating information on absorbing funds through mass media, instant messaging tools or other means;
(5) Other acts suspected of illegal fund-raising.
Article 2 If the suspected illegal fund-raising behavior across administrative regions is organized by the illegal fund-raising unit, the lead department for handling illegal fund-raising at the place where it is registered shall organize investigation and determination; If the illegal fund-raising is an individual, the lead department for handling illegal fund-raising at its domicile or habitual residence shall organize investigation and determination. The place where illegal fund-raising occurs, the place where the fund-raising assets are located and the place where the fund-raising participants are located shall cooperate with the investigation and determination.
if the lead department in handling illegal fund-raising has any dispute over the responsibility of organizing investigation and determination, it shall be determined by its superior lead department in handling illegal fund-raising; If there is any dispute over the responsibilities of organizing investigations across provinces, autonomous regions and municipalities directly under the Central Government, the joint meeting will determine
Article 21 The lead department for handling illegal fund-raising may organize investigations on suspected illegal fund-raising and take the following measures:
(1) Enter the place suspected of illegal fund-raising for investigation and evidence collection;
(2) Ask the units and individuals related to the incident under investigation and ask them to explain the relevant matters;
(3) consulting and copying the documents, materials and electronic data related to the incident under investigation, and sealing up the documents, materials and electronic equipment that may be transferred, concealed or damaged;
(4) with the approval of the principal responsible person of the lead department for handling illegal fund-raising, inquire about relevant accounts suspected of illegal fund-raising according to law.
the number of investigators shall not be less than 2, and they shall show their law enforcement certificates.
the units and individuals related to the incident under investigation shall cooperate with the investigation and shall not refuse or obstruct it.
article 22 the lead department dealing with illegal fund-raising has the right to request the suspension of fund-raising behavior and notify the market supervision and management department or other relevant departments to suspend the establishment, change or cancellation of registration for the relevant units suspected of illegal fund-raising.
Article 23 If it is found to be illegal fund-raising through investigation, the lead department for handling illegal fund-raising shall order the illegal fund-raiser and the illegal fund-raising helper to stop the illegal activities immediately; If a suspected crime is found, the case shall be transferred to the public security organ in a timely manner in accordance with the regulations, and cooperate with the relevant work.
the investigation and determination of illegal fund-raising by administrative organs is not a necessary procedure to pursue criminal responsibility according to law.
Article 24 According to the needs of handling illegal fund-raising, the lead department in handling illegal fund-raising may take the following measures:
(1) Seal up the relevant business premises and seal up and detain the relevant assets;
(2) Ordering illegal fund-raisers and illegal fund-raisers to recover and sell relevant assets at a different price for repaying fund-raisers;
(3) Upon the decision of the lead department of the local people's government at or above the municipal level, notify the entry-exit frontier inspection organ in accordance with the provisions, and restrict the individuals who raise funds illegally or the controlling shareholders, actual controllers, directors, supervisors, senior managers and other persons who are directly responsible from leaving the country.
the measures specified in items 1 and 2 of the preceding paragraph shall be approved by the main person in charge of the lead department for handling illegal fund-raising.
article 25 an illegal fund-raiser and an illegal fund-raiser shall repel the fund-raising participants. The process of repaying shall be supervised by the lead department in handling illegal fund-raising.
no unit or individual may obtain economic benefits from illegal fund-raising.
the losses suffered by participating in illegal fund-raising shall be borne by the fund-raising participants themselves.
Article 26 The sources of funds for repaying and raising funds include:
(1) the balance of funds raised illegally;
(2) the proceeds from illegal fund-raising or other assets converted and their proceeds;
(3) the economic benefits obtained by illegal fund-raisers and their shareholders, actual controllers, directors, supervisors, senior managers and other relevant personnel from illegal fund-raising;
(4) illegal fund-raising funds or related assets hidden or transferred by illegal fund-raisers;
(5) economic benefits such as advertising fees, endorsement fees, agency fees, benefits fees, rebate fees, commissions, commissions, etc. obtained from illegal fund-raising;
(6) Other assets that can be used as funds for repaying and raising funds.
article 27 the business licenses of enterprises, individual industrial and commercial households and farmers' professional cooperatives established for illegal fund-raising shall be revoked by the market supervision and management department. Internet applications such as websites set up for illegal fund-raising and mobile applications developed shall be shut down by the telecommunications authorities according to law.
article 28 the financial management department of the State Council, its branches and agencies, relevant departments of local people's governments and other relevant units and individuals shall give support and cooperation to the disposal of illegal fund-raising.
no unit or individual may obstruct or hinder the disposal of illegal fund-raising.
article 29 in the process of handling illegal fund-raising, the local people's governments concerned shall take effective measures to maintain social stability.
Chapter IV Legal Liability
Article 3 For illegal fund-raisers, the lead department for handling illegal fund-raising shall impose a fine of more than 2% and less than 1 time of the fund-raising amount. If the illegal fund-raiser is a unit, it may also be ordered to stop production and business according to the seriousness of the case, and the relevant authorities shall revoke the license, business license or registration certificate according to law; Give a warning to its legal representative or principal responsible person, the directly responsible person in charge and other directly responsible personnel, and impose a fine of not less than 5, yuan but not more than 5 million yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.
article 31 the assistant of illegal fund-raising shall be given a warning by the lead department dealing with illegal fund-raising and fined more than 1 time but less than 3 times the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law.
article 32 if an illegal fund-raiser or an illegal fund-raiser cannot fulfill their obligations of repaying the fund-raising and paying the fine at the same time, the fund-raising shall be repaid first.
article 33 the relevant departments shall establish credit records of illegal fund-raisers and illegal fund-raisers who are subject to administrative penalties in accordance with these regulations, and incorporate their credit records into the national credit information sharing platform in accordance with regulations.
Article 34 Internet information service providers fail to perform the investigation on suspected illegal collection.