Clear definition of illegal fundraising!Revised version of the Guangdong Rules for Whistleblowing Awards

Clear definition of “illegal fundraising”!Revised version of the Guangdong Rules for Whistleblowing Awards
On April 30, “The Guangdong Provincial Local Financial Supervision Bureau<非法集资举报奖励办法>Implementation Rules “(hereinafter referred to as” Circular 32 “), published on the official website.Different from similar documents in the past, in order to facilitate the masses to understand the nature of illegal fund-raising, the “32 Circular” of Guangdong Province clearly defines the concept of illegal fund-raising.The reporter noted that, according to the regulations, “not publicly advertised to the society, and only absorbing funds for specific objects within the scope of relatives, friends, or within the unit, etc., does not belong to the illegal fund-raising referred to in these Regulations.”Circular 32″ is divided into five chapters and twenty-four articles and belongs to the revised document of the implementation rules three years ago.According to the Guangdong Provincial Local Financial Supervision Bureau, in 2017, the former Guangdong Provincial Finance Office led the development of the departmental regulatory document<非法集资举报奖励办法>Implementation Rules “(hereinafter referred to as” Circular 341 “).In order to fight for the initiative of prevention and cracking down, the Guangdong Provincial Local Financial Supervision Bureau comprehensively revised the “Circular 341” and eventually formed the “Circular 32”.The reporter found that, according to the “Document No. 341” and the “Shandong Province Illegal Fund-raising Case Reporting and Incentive Measures” issued on January 24, 2017, and the “Jiangxi Province Illegal Fund-raising Reporting and Reward Measures” issued on May 4, 2017,Through amendments, Guangdong’s “No. 32 Document” clearly proposed the definition of illegal fund raising.In the second article of Circular 32, the reporter saw that “illegal fundraising refers to the act of natural persons, legal persons or other organizations violating national financial management laws and absorbing funds from the public (that is, unspecified objects).Those who have not publicly advertised to the society and only absorbed funds for specific objects within the scope of relatives, friends, or within the unit, are not considered illegal fund-raising within the scope of these Implementation Rules.At the same time, “the determination of illegal fund-raising will be handled in accordance with relevant laws, regulations and judicial interpretations.Regarding the “incentive fund standard for illegal fund-raising reports”, “Circular 32” adopts the method of hierarchical setting and payment in stages.Among them, if the reported illegal fund-raising behavior is determined to be an administrative violation, the whistleblower will be awarded a reward of more than 1,000 yuan but less than 5,000 yuan since the administrative penalty;After the case is investigated, the whistleblower will be given a reward of 5,000 yuan to 20,000 yuan.If the reported illegal fund-raising act is suspected of a crime and the court finally determines that the amount of the case involved is more than 500 million yuan or has a large impact in the country, in accordance with the provisions of “Circular 32”, since the criminal judgment takes effectIn the circumstances, the whistleblower will again be given a reward of 20,000 yuan to 100,000 yuan.At the same time, the “No. 32 Circular” also clarified seven cases that did not fall within the scope of the report-raising rewards for illegal fund-raising, and clarified the eligibility criteria for reporting rewards.These seven situations mainly include: “Reporting clues have entered the administrative processing or criminal filing procedures (except for clues that have a role in promoting the arrest of the suspects and the recovery of stolen goods)”, “The theft of the reporters, fraud, and laws and regulationsOther illegal means of obtaining reporting clues “,” who cannot verify the identity information of the whistleblower “,” the whistleblower is suspected of illegal fund-raising and crime “and other categories.At present, the statutory procedures for the revision of the “Circular 32” have been completed, and it is planned to be officially implemented on May 1, 2020.It is understood that the current situation of illegal fund-raising crimes in Guangdong Province is still grim, and major cases continue to be pursued.According to the 21st Century Business Herald, in the first quarter of 2020, there were 24 new cases of illegal fund raising in Guangdong Province, involving an amount of 14.3 billion yuan and investors 4.50,000 people.Ten days ago, on April 20, the “Inter-Ministerial Joint Conference on Dealing with Illegal Fund Raising in 2020” was held in Beijing.The meeting comprehensively summarized the prevention and disposal of illegal fund-raising work since 2019, thoroughly analyzed the situation, and studied and deployed the next stage of key tasks.Guo Shuqing, convener of the joint meeting, secretary of the party committee of the central bank, and chairman of the Banking and Insurance Regulatory Commission attended the meeting and delivered a speech.According to the meeting, a total of 5,888 criminal cases involving illegal fund-raising were filed nationwide in 2019, with a total amount of 5,434.200 million yuan, up 3.4%, 53.4%.The meeting proposed four key tasks to focus on this year.This includes accelerating the introduction of the “Regulations on Preventing and Handling Illegal Fund Raising”.Sauna, Yewang Huang Xinyu Editor Yue Caizhou Proofreading Liu Baoqing