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Illegal fund-raising is not protected by law and is not divided into cities and rural areas.
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Whether it is an individual or a collective, as long as it is not a regular bank of the state or something, anyway, there is no guarantee for such a banner, and it is also guaranteed from the individual, and then the state does not care about it, the law will definitely not protect it, this is all voluntary, but after you have resources, the state does not protect it, and if you do not protect it, it will become a private act.
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It's not that a few ideas in the countryside are not protected by the law, it's the same in the cities, and the people themselves can't ride casually. This mechanism is illegal, and the collection of funds must be approved by the state.
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Illegal fundraising is, of course, not protected by law.
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Individual fundraising is not protected by law in the first place. Because it is difficult to recover when there is a problem, it is difficult to recover the responsibility, and the victims have opinions. The law is nothing more than human feelings, but the law is based on the majority of people, and there is no way. It is the collective interest that is safeguarded.
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Initiating fundraising without formal fundraising application approval is illegal fundraising, and of course it is not protected by law! Serious or illegal!
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Illegal fundraising is not protected by law, but it can be reported if there is evidence.
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If the purpose of collective fund-raising in the village is correct and has a clear purpose, it is legal to be approved by the relevant departments, and someone must supervise the collective fund-raising, and at the same time, the details of each expenditure need to be well documented.
Illegal fundraising refers to the act of raising funds from the public without the approval of the relevant departments in accordance with legal procedures, and promising to repay the principal and interest or give returns to the investors in money, in kind or other means within a certain period of time.
Fundraising without the approval of the relevant departments in accordance with the law, including the approval of the departments that do not have the authority to approve; The department with the approval authority exceeds the authority to approve the fundraising, that is, the fundraiser does not have the qualifications of the subject of fundraising.
Legal basis: Article 176 of the Criminal Law, anyone who illegally absorbs public deposits or covertly absorbs public deposits, disrupting the order of financial affairs, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment is to be given, and a concurrent fine; where the amount is especially huge or there are other especially severe circumstances that are missing or serious, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where there is conduct in the preceding two paragraphs, and before initiating a public prosecution, the stolen goods are actively returned and restitution is made to reduce the occurrence of harms, the punishment may be mitigated or commuted. ”
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Legal analysis: It is illegal for rural fund-raising to adopt the following behaviors: 1. Absorb funds through the issuance of valuable **, membership cards or debt certificates.
2. Divide property, real estate and other assets in equal shares, and raise funds at high interest rates through the right to dispose of their shares. 3. Illegal fundraising in the form of non-governmental associations. Article 680 of the Civil Code prohibits usurious lending, and the interest rate of the loan shall not violate the relevant provisions of the State.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest. If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.
Legal basis: Civil Code of the People's Republic of China
Article 679:A loan contract between natural persons shall be established when the lender provides the loan.
Article 680:Usurious lending is prohibited, and the interest rate on loans must not violate the relevant provisions of the State. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest. If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.
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