1 thought on “In 2019, 14 ministries and commissions jointly fists to rectify illegal fund -raising”

  1. in recent years, the issue of illegal fund -raising has become increasingly prominent, and the cases have risen high. The cases involved in the case of Eling Treasure, Pan -Asia, and Zhongjin Department have attracted great attention from social. Internet finance, especially P2P network lending institutions, has grown brutal growth, the problem of violations of laws and regulations is prominent, and a lot of risks have accumulated. The occurrence of these risk events is to use the name of “financial innovation” and “Internet finance” to do illegal fundraising.

    On April 27th, 14 ministries and commissions of the State Council’s disposal of illegal fund -raising inter -funded ministries announced in Beijing that they picked up illegal fund -raising and resolutely kept the bottom line of no systemic and regional risk.
    For this reason, we comprehensively interpreted the specific measures of the regulatory authorities such as a party and three meetings in this rectification of the storm, presented in multiple parties, and will continue to investigate and track the rectification.
    , on the one hand, traditional illegal fundraising develops from offline to line, and illegal fundraising is implemented under the guise of the Internet “financial innovation”; on the other hand, the risk of illegal fund -raising of Internet finance related formats is fully manifested, of which the P2P field is in the field of P2P The risk of illegal fund -raising is the most prominent.
    On April 27, 14 ministries and commissions of the State Council’s disposal of illegal fund -raising inter -fund -raising conferences announced in Beijing that they had a heavy punch to raise funds illegally, resolutely curbing the spread of illegal fund -raising, and resolutely held the bottom line of no systemic and regional risk.
    If according to the statistics of the Inter -Ministerial Co -Association Conference Office, the number of newly issued new cases in the country, the amount involved, and the number of participants in the funds increased by 71%, 57%, and 120%year -on -year. Human and fund -raising amounts exceeded 100 million yuan, which increased by 73%, 78%, and 44%year -on -year, respectively.
    In view of the severe situation of illegal fund -raising, a group of three associations, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Education, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the Ministry of Commerce jointly stated that it will organize and organize the national illegal fund -raising risk in the second half of this year. Special rectification activities, comprehensively investigate the risk points of private investment and wealth management, P2P network lending, peasant cooperatives, real estate, private equity funds and other key areas and private equity funds and private equity funds. Resolve risks.
    Id advertising management is a means to curb illegal fundraising from the source. The inter -ministerial joint meeting will organize the national national prevention of illegal fund -raising publicity month in May this year. From May-July, the national illegal fund-raising advertising information information inspection and cleanup activities were carried out, and the review and supervision of suspected illegal fund-raising advertising were strengthened, and the research and strengthening emerging media such as portal websites, Weibo, WeChat, mobile clients, Baidu search and other emerging media released financing categories Advertising control.
    The detection and early warning to achieve “hitting early”
    Wen whether it is the various rolls of the “running” incident, the crisis of the financial management institution, or the official authoritative statistics, the situation of illegal fundraising cannot be tolerant. optimism.
    Jiang Yongyi, deputy president of the Supreme People’s Court, said that illegal fund -raising criminal cases mainly involve illegal absorption of public deposits and fund -raising fraud.
    In the data of the Supreme Court, the number of criminal cases of illegal fund -raising criminal cases across the country has increased significantly, and 2,222 and 4,825 newly collected illegal absorption of public deposits, 684 and 1018 raising fraud cases. Based on the high number of cases, the number of receipts increased by 127%and 48.83%year -on -year, respectively.
    Zhang Xiaojin, deputy director of the Investigation and Supervision Department of the Supreme People’s Procuratorate, also said that the national procuratorate approved the arrest of 6,928 and 10,771 people suspected of illegally absorbing public deposits, and the number of cases and people rose 112.4%year -on -year; 872 and 1210 people, a year -on -year increase of 54.9%and 52.4%, respectively.
    In view of this, the State Council has held special meetings many times to study prevention and disposal illegal fund -raising. In October, the “Opinions of the State Council on Further Doing a Better Prevention and Disposal illegal Funding Work” (Guo Fa [2015] No. 59) (hereinafter referred to as “No. 59”).
    “Circular 59” was issued, and 26 key tasks including industry supervision, monitoring and early warning, publicity and education, and case disposal, which were clearly issued. It is a programmatic document for illegal fund -raising for all departments.
    “Circular 59” further clarified the duties of various departments, that is, the provincial government is still the first responsibility for dealing with illegal fundraising. The inter -joint meeting strengthened organizational coordination.
    “Circular 59” also requires the supervision departments to ensure that illegal fund -raising supervision of all industries is not left vacuum in accordance with the principles of supervision and market access and industry management.
    For industries that require market access permits, such as banks, securities, insurance, pawn, financing guarantee, real estate, etc., “Whoever children and who take it away?”
    The industry fields that do not need market access permits, but have clear the guidance, standardization and promotion of the competent authority, and are led by the competent authority; Sexual guarantee, etc., is responsible for the organization and coordination of local people’s governments at all levels.
    The ministries and commissions stated that it will establish a comprehensive monitoring and early warning system to achieve “hitting early”. According to Yang Yuzhu, a non -organized director, after the documents are issued, the Ministry of Public Security, the General Administration of Industry and Commerce and other departments have successively launched monitoring and early warning work, strengthened the construction of information systems, and improved the monitoring and analysis methods; And rectification operations to prevent hidden risks.
    Liu Yunfeng, deputy director of the Securities Regulatory Commission to crack down on illegal securities and futures activities, said that the private equity fund industry and securities and futures operating institutions participated in the P2P business situation to investigate the risk, comprehensively clearly and regulate off -site funding activities, and organize the Internet equity financing platform Do special inspections.
    Wang Zhu, deputy director of the Inspection Bureau of the Insurance Regulatory Commission, said that the Insurance Regulatory Commission will infiltrate and transmit illegal fundraising to the insurance industry for the Internet financial business in the field of investment and financing. Anti -illegal fund -raising risk investigation, focusing on investigating the “elite” marketer group and grass -roots senior executives to participate in illegal fund -raising risks.
    The name of fake “financial innovation” confused investors
    Yang Yuzhu also said that illegal fundraising activities have shown a significant network trend. On the one hand, traditional illegal fund -raising develops from offline to line, and illegal fundraising under the guise of the “financial innovation” of the Internet; on the other hand, the risk of illegal fund -raising risks of Internet finance -related formats has also been fully manifested. Among them The risk of illegal fund -raising is the most prominent.
    illegal fundraising in the field of P2P is mainly in two forms: one is that some P2P platforms are sold to the lenders by designing the needs of borrowings into wealth management products, or gathered funds first, and then looking for borrowing objects to entered the loan funds to enter the enters into The intermediate account of the platform is controlled and dominated by the platform.
    It is the P2P platform released a false high -profit borrowing target, and even fake fake bidding, and adopts the Ponzi scam model of the old loan to repay the old loan. In the short term, a large amount of funds are raised Even rolled out.
    Yang Yuzhu said: “With the help of the Internet to carry out publicity, sales, fund payment and collection, etc., the comprehensive combination of online and offline is achieved, so that illegal fund -raising spreads faster, wider coverage, more convenient product sales, more capital transfer Quickly broke the regional boundaries, accelerated the spread of risks, and increased the difficulty of dealing with cases. “
    For example, there are many cases that occurred in the county in traditional illegal fundraising cases, and Internet finance completely breaks through the regional limit, relying on the Internet to towards the Internet The surrounding areas and even the national diffusion. Taking risk events such as “Pan -Asia” and “E Rent Treasure” as an example, it involves hundreds of thousands of personnel, and the region involves dozens of provinces, autonomous regions, and municipalities, with a fund -raising amount of tens of billions of yuan.
    Thenes in the name of “financial innovation”, the employment institutions operate illegally or even carry out new means of illegal financial activities, which are more hidden and confusing. Once, the relevant regulatory authorities have prompted risks, saying that mutual aid wealth management represented by “MMM Financial Mutual Aid Community” attracts a large number of investors to participate with high returns, and virtual financial management such as Baichuan Financial Coins, Clarin, “Motifer” and other virtual financial management Have appeared.
    In the first quarter of this year, there were more than 2,300 illegal fund -raising cases filed by the public security department. Zhang Jingli, deputy director of the Economic Investigation Bureau of the Ministry of Public Security, said at the meeting that Internet finance has become a high -risk field of illegal fundraising. On the one hand, there are still many cases of breeding, real estate, commodity circulation, production and operation and other traditional fields; on the other hand, under the banner of Internet finance, farmers’ professional cooperatives, investment agencies, equity investment, tourism, pension, private colleges, overseas listing and other banners New types of new cases have increased.
    In view of this, it is not held that it is necessary to use the Internet, big data, cloud computing and other technical means to strengthen illegal fundraising monitoring and early warning.
    The “outpost” role of financial institutions’ funding monitoring. Most illegal fund -raising needs to be transferred through financial institutions. The inter -ministerial joint meeting requires that various technical means should be used to strictly implement a large amount of suspicious funds reporting system, and there are scattered transfer in various account transactions to concentrate transfer, regular transfer, regularly transfer, and regularly Monitoring and analysis of funds such as batch small amount transfer, and early discovery and reporting illegal fund -raising funds early.
    The research system for financial advertising
    At present, various types of investment and wealth management, wealth management and other financing advertisements are chaotic. Advertising plays a role in funds for illegal fundraising.
    14 ministries and commissions said that we must strengthen advertising information management, firmly transfer illegal fund -raising information, and eliminate illegal fundraising in the bud. In the next step, the disposal of inter -fund -raising inter -fund joint meeting will strengthen the management of suspected illegal fund -raising advertising.
    The strict regulation of financing advertising requirements in accordance with the principle of essentially focusing on the form of form, must not be false and improperly statement of products and business, and must not make a guarantee of future income. Essence
    as, while strengthening the supervision of mainstream media advertising, coordinating relevant departments to strengthen the review and management of financing advertisements such as ports, Weibo, WeChat, and mobile clients.
    The inter -joint meeting will take emerging media suspected illegal fund -raising advertising inspection and rectification as the focus of work, and strengthen the supervision and management of social media and communication tools such as telephone, SMS, and email.
    On April 13, the seventeen departments including the State Administration for Industry and Commerce issued the “Implementation Plan on the Launch of Internet Financial Advertising and Entering the Special Rectification of Financial Activities in the name of investment and wealth management”, and deployed special rectification of Internet financial advertising. In December, the General Administration of Industry and Commerce cooperated with the Central Propaganda Department to draft the “Notice on Strengthening the Clearance of Suspected illegal Funding Advertising Examination”, and strived to curb the momentum of the spread of advertising by illegal fund -raising behavior.
    The General Administration of Industry and Commerce said that from the current supervision practice, the reason why illegal fundraising is difficult to govern is a reason for the information of various departments without sufficient sharing. On the other hand, the information of relevant investment companies is not disclosed to the public in a timely, accurate, and complete manner, causing information asymmetry and making their behavior lack social supervision.
    The main characteristics: First, the competent financial industry department’s pre -approval system on P2P and financial management has not yet been established. The market access list and release standards for advertising must be clear. Strong nature, many financial investment advertising is the main content of corporate image publicity and brand promotion, which increases the difficulty of advertising supervision and law enforcement; third, the Internet field is suspected of illegal fund -raising advertising, fast scope, low illegal costs, regulatory policies and governance methods Need to be further strengthened.
    The State Administration of Industry and Commerce stated that according to the requirements of the special rectification work of Internet financial advertising, it is recommended that the competent financial industry authorities and relevant departments in the Financial Industry and the State Administration of Industry and Commerce formulate a market access list for financial advertisements, negative lists for prohibited release, and set up financial advertisement releases according to law. Research on issues such as the advance review system, and hurry up to introduce relevant measures.

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