Is it fraud for a partner to misrepresent the amount of the investment?

According to Article 158 of the Criminal Law of the People's Republic of China, the crime of falsely reporting registered capital refers to the act of an individual or entity applying for company registration to use false supporting documents or other fraudulent means to falsely declare the registered capital, deceive the competent department for company registration, obtain company registration, and falsely declare the amount of registered capital is huge, the consequences are serious, or there are other serious circumstances. The crime of falsely reporting registered capital is an economic crime, and an economic crime is an act in which the perpetrator seriously violates the relevant economic laws and regulations of the state.

It's not just a fraud, it's a crime.

Fraudulent behaviour by a partner can be dealt with as follows:

If the partnership agreement stipulates the term of the partnership, during the existence of the partnership, the partners may withdraw from the partnership under any of the following circumstances:

1. The reason for withdrawal stipulated in the partnership agreement appears;

2. With the unanimous consent of all partners;

3. It is difficult for the partner to continue to participate in the partnership;

4. Other partners seriously violate the obligations stipulated in the partnership agreement.

In any of the following circumstances, a partner may be removed by resolution with the unanimous consent of the other partners:

1. Failure to fulfill the obligation of capital contribution;

2. Causing losses to the partnership due to intentional or gross negligence;

3. Improper behavior in the execution of partnership affairs;

4. The occurrence of the reasons agreed in the partnership agreement.

[Legal basis].

Article 32 of the Partnership Enterprise Law of the People's Republic of China A partner shall not operate a business that competes with the partnership enterprise on his own or in cooperation with others.

Except as otherwise provided in the partnership agreement or with the unanimous consent of all partners, the partners shall not enter into transactions with the partnership.

Partners shall not engage in activities that harm the interests of the partnership. Article 45 Where the partnership agreement stipulates the term of the partnership, during the existence of the partnership enterprise, the partners may withdraw from the partnership under any of the following circumstances:

1) The reason for withdrawal stipulated in the partnership agreement appears;

2) With the unanimous consent of all partners;

3) The occurrence of reasons for the partners to continue to participate in the partnership;

4) Other partners seriously violate the obligations stipulated in the partnership agreement. Article 46 Where the partnership agreement does not stipulate the term of the partnership, the partners may withdraw from the partnership without adversely affecting the execution of the affairs of the partnership enterprise, but shall notify the other partners 30 days in advance. Article 47 Where a partner withdraws from the partnership in violation of the provisions of Articles 45 and 46 of this Law, he shall compensate for the losses caused to the partnership as a result.

Article 49 In any of the following circumstances, a partner may be removed from the list by resolution with the unanimous consent of the other partners:

1) Failure to fulfill the obligation to make capital contributions;

2) Causing losses to the partnership due to intentional or gross negligence;

3) Improper conduct in the execution of partnership affairs;

4) The occurrence of the cause agreed in the partnership agreement.

The resolution to remove a partner shall be notified in writing to the person being removed. On the day on which the delisted person receives the notice of delisting, the delisting takes effect, and the delisted person withdraws from the association.

Where the delisted person has objections to the removal decision, they may file a lawsuit in the people's court within 30 days of receiving the notice of removal.

If not, you can ask the other party to compensate for the losses and withdraw from the partnership, or you can try to collect evidence and entrust a lawyer to participate.

You can report to the public security or file a lawsuit with the court.

The partner's false capital contribution is a fraud, and it is the most special type of fraud.

Financial fraud. It is mainly for the purpose of unlawful possession, but it is also characterized by deception and concealment. The content of fraud mainly includes public and private property or financial institution credit, and the subject of financial fraud can be an individual or a unit.

The specific provisions are as follows:

1. Company Law.

For the acts of false capital contribution and withdrawal of capital contribution, not only the liability of the corresponding shareholders for supplementary payment and the joint and several liability of other shareholders are stipulated.

and other civil liabilities, and also provides for administrative liability.

Criminal law. Article 159:

It stipulates the "crime of false capital contribution and withdrawal of capital contribution", and sanctions are imposed on the company's promoters and shareholders for false capital contribution and withdrawal of capital contribution.

2. In a limited partnership, only the limited partners who make false capital contributions or withdraw funds are limited partners, because the limited partners mainly use their own funds as a guarantee for their own entry, while the general partners use their own personal operations plus their own capital investment. Limited liability by limited partners is the key to the clearance of a limited partnership, and it is also an attraction for investment, which is similar to that of shareholders. Regarding the Partnership Law as amended in 2006.

In the event of such a problem, the corresponding liability should be investigated with reference to the relevant provisions of the above Company Law and the Criminal Law, so as to avoid deviating from the original intention of increasing the limited partnership. That is, other partners can require the limited partners who make false capital contributions and withdraw capital contributions to make up or return them, and require them to bear the liability for breach of contract.

Legal basis: Company Law

Article 200. If the promoters or shareholders of the company make false capital contributions, fail to deliver or fail to deliver the monetary or non-monetary assets used as capital contributions on time, the company registration authority shall order them to make corrections.

A fine of not less than 5% but not more than 15% of the amount of false capital contribution shall be imposed.

Article 201.

If the promoters and shareholders of the company withdraw their capital contributions after the establishment of the company, the company registration authority shall order them to make corrections and impose a fine of not less than 5% but not more than 15% of the amount of capital contributions withdrawn.

Based on the above, I hope my answer will be helpful to you!

I think he's just trying to find a vertical excuse to cheat you out of your money, which is a fraud. Everyone said that it was just an opinion. You may not be able to do it well, you should go to the lawyer for consultation, what should you do?

In this way, we can solve the problem correctly.

It is clear that this is a fraudulent act.

If the amount of false declaration is more than 5,000 yuan, it constitutes a crime, and the nature is the crime of embezzlement. A staff member of a company, enterprise or other unit who takes advantage of his position to illegally take possession of the property of the unit raised by the Bank as his own, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or sentenced to hard labor and shall also be fined; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is 10 or more years imprisonment or indefinite imprisonment and a concurrent fine.

Legal basis: Article 271 of the Criminal Law Employees of companies, enterprises, or other units who take advantage of their positions to illegally take possession of the property of their own units, and the amount is relatively large, shall be sentenced to up to three years imprisonment or short-term detention and shall also be fined; where the amount involved is huge, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is 10 or more years imprisonment or indefinite imprisonment and a concurrent fine.

Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel of state-owned companies, enterprises, or other state-owned units appointed by state-owned companies or enterprises or their other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.

False capital contributions by partners are scams and are the most peculiar of scams. Financial fraud is mainly for the purpose of illegal possession, but it is also accompanied by deception and concealment. The content of fraud mainly includes public and private property or financial institution credit, and the subject of financial fraud can be an individual or a unit.

Article 266 of the Criminal Law: Where the amount of fraud in public or private property is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.