Police reported that a travel agency in Dalian illegally raised funds through low-priced tours and other means for financial management | department | low-priced tours

August 20th

Wafangdian Public Security Bureau

Publish a police report

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Relevant departments remind the general public

Recognizing the hazards of illegal fundraising

Stay away from illegal fundraising

Preventing and dealing with illegal fundraising is a long-term, complex, and arduous systematic project that is related to the vital interests of the people, the healthy development of the economy and finance, and the overall social stability. In order to protect the legitimate rights and interests of the general public, promote the illegality, harmfulness, and manifestations of illegal fundraising to the public, and enhance the public's awareness and identification ability of illegal fundraising, relevant departments in our city have interpreted how to identify and prevent illegal fundraising and other related issues in accordance with the Prevention and Disposal of Illegal Fundraising Regulations, reminding citizens to enhance their awareness of prevention of illegal fundraising, stay away from illegal fundraising, and protect their "wallets".

According to the Regulations, illegal fundraising refers to the act of absorbing funds from unspecified individuals without the legal permission of the financial regulatory department of the State Council or in violation of national financial management regulations, by promising repayment of principal and interest or providing other investment returns.

Illegal fundraising behavior

Having illegality refers to not obtaining legal permission from the financial regulatory department of the State Council or violating national financial regulatory regulations;

◆ It has inducement and refers to illegal fundraising, which generally promises to repay principal and interest. The wealth management products of legitimate financial institutions do not promise to guarantee principal and return;

◆ It has sociality and refers to the absorption of funds by unspecified individuals, who are the general public.

The Regulations stipulate that any unit or individual has the right to report suspected illegal fundraising activities to the leading department for handling illegal fundraising or other relevant departments.

What are the common forms of illegal fundraising?

Listed in the Regulations

Establish Internet enterprises, investment and investment consulting enterprises, various trading places or platforms, farmers' professional cooperatives, mutual fund organizations and other organizations to absorb funds;

To issue or transfer equity and debt, raise funds, sell insurance products, or absorb funds in the name of engaging in various asset management, virtual currency, financing leasing business, etc;

Absorb funds in the form of promised monetary, equity, physical returns in commercial activities such as selling goods, providing services, and investing in projects;

Violating laws, administrative regulations, or relevant national regulations by publicly disseminating and absorbing information on funds through mass media, instant messaging tools, or other means;

Other suspected illegal fundraising activities.

What measures can the leading department for the disposal of illegal fundraising take based on the needs of dealing with illegal fundraising?

The Regulations specify that

One is to seal up relevant business premises, seal up or seize relevant assets;

The second is to order illegal fundraisers and illegal fundraising assistants to recover and sell relevant assets at a discounted price for the purpose of clearing the raised funds;

Thirdly, the leading department of the local people's government at or above the level of a district shall decide to notify the border inspection authorities for entry and exit in accordance with regulations, and restrict the exit of individuals or controlling shareholders, actual controllers, directors, supervisors, senior managers, and other directly responsible personnel of illegal fundraising or illegal fundraising units. The adoption of the first and second measures shall be approved by the main person in charge of the department leading the disposal of illegal fundraising.

How to clear illegal fundraising funds?

The Regulations specify that illegal fundraisers and illegal fundraising assistants shall clear the fundraising funds from the fundraising participants. The clearance process should be supervised by the leading department responsible for handling illegal fundraising.

Who bears the losses suffered from participating in illegal fundraising?

The Regulations specify that losses incurred due to participation in illegal fundraising shall be borne by the fundraising participants themselves.

What are the sources of funds for illegal fundraising and refund?

The Regulations specify that

The balance of illegally raised funds;

The proceeds of illegal fundraising or other assets converted and their proceeds;

The economic benefits obtained by illegal fundraisers, their shareholders, actual controllers, directors, supervisors, senior management, and other related personnel from illegal fundraising;

Illegal fundraising funds or related assets hidden or transferred by illegal fundraisers;

The economic benefits obtained from illegal fundraising, such as advertising fees, endorsement fees, agency fees, benefits fees, rebates, commissions, and commissions;

Other assets that can be used as funds for clearing and raising funds.

What legal responsibilities should illegal fundraisers bear?

The Regulations specify that the leading department for handling illegal fundraising shall impose a fine of 20% to 1 time the amount raised. If an illegal fundraiser is a unit, it may also be ordered to suspend production and business according to the severity of the situation, and the relevant authorities shall revoke the license, business license, or registration certificate in accordance with the law; Warning shall be given to the legal representative or main person in charge, directly responsible supervisors, and other directly responsible personnel, and a fine of not less than 500000 yuan but not more than 5 million yuan shall be imposed. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

What legal responsibilities should illegal fundraising assistants bear?

The Regulations specify that the leading department responsible for handling illegal fundraising shall issue a warning and impose a fine of 1 to 3 times the amount of illegal gains; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Apart from the possibility of administrative and criminal penalties, what consequences will be borne by the implementation of illegal fundraising behavior? The Regulations specify that for illegal fundraisers and illegal fundraising assistants who are subject to administrative penalties in accordance with the Regulations, relevant departments shall establish credit records and include their credit records in the national credit information sharing platform in accordance with regulations.

Relevant departments propose suggestions on how to prevent illegal fundraising

Remind the general public to achieve

"Four Views, Three Thoughts, Three Demands, and Three Don'ts"

"Four looks"

When it comes to the legality of financing, in addition to obtaining a business license, it also depends on whether the relevant financial license or approval from the financial management department has been obtained.

Secondly, check the promotional content to see if it contains or implies content such as "guaranteed, risk-free, high-yield, and guaranteed profits without compensation".

Look at the business model three times, whether there are physical projects, the authenticity of the projects, the direction of capital investment, and the ways to obtain profits.

Let's take a look at whether the participants in fundraising are mainly targeting the general public.

"Three Thoughts"

Think about whether you truly understand the product and market trends.

Is the product of Ersi in line with market laws.

Think twice about whether your own economic strength has the ability to resist risks.

When encountering investment and fundraising related promotions, it is important to avoid being overly impulsive and seek the opinions of family and friends first. Do not blindly believe in hype, acquaintances, and expert recommendations, and do not be tempted by high profits to blindly invest.

"Three wants, three don'ts"

One must be rational and not take chances. There won't be pies falling from the sky, what falls is either a trap or a trap. We must adhere to the bottom line of rationality, think about whether we understand it or not, compare the risks, and see if the level of returns is realistic. Ask family and friends what they think, and don't be blinded by gambling mentality and lucky mentality.

Secondly, be steady and not take risks. High returns mean high risk and may also be an investment scam. Therefore, it is important to assess one's own ability to bear risks, carefully determine their willingness to take risks, and not take risks in investing.

Be vigilant and not blind. "Abundant returns, attractive conditions, rare opportunities, and limited quotas" are all likely to be scams. We must be more vigilant and never blindly "follow the trend" in investing.

Relevant departments remind the general public

"Prudent investment and strict prevention of illegal fundraising traps"

Don't easily believe in so-called high interest "insurance" and high interest "financial management", as high returns mean high risks; Don't be swayed by small gifts, be wary of lures such as "returning interest first".

To purchase financial products through legitimate channels, do not sign investment and wealth management agreements with individual banking and insurance practitioners, and do not accept receipts and IOUs issued by practitioners.

Pay attention to protecting personal information, pay attention to the risk warnings of illegal fundraising issued by government departments, and promptly report and complain about suspected illegal fundraising behavior.