Is the virtual currency issued by enterprises illegal fund raisi
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
It is illegal to issue virtual currency privately
According to Article 29 of the regulations of the people's Republic of China on the administration of RMB, no unit or indivial is allowed to print or sell token tickets to replace RMB in circulation on the market In addition, the "emergency notice of the State Council Office for rectifying unhealthy tendencies in the instry, the State Economic and Trade Commission and the people's Bank of China on prohibiting the issuance and use of various token certificates (cards)" also strictly prohibited similar issues 
extended data
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"
market formation
the Internet has led to the emergence of a new market, which is a virtual market based on cyberspace. The Internet provides a lot of communication places for consumers, and also provides business market for enterprises. Enterprises must change from proct centered to service centered to customer centered. With the development of computer artificial intelligence technology and database technology, enterprises can conveniently collect customers' information, understand customers' needs in time, change business strategies and grasp economic arteries in real time
With the rapid development of computer and network communication technology, the application of Internet technology has graally penetrated into various fields of human activities, and the unlimited business opportunities that it contains make businesses turn their eyes to e-commerce. E-commerce is penetrating into all aspects of social and economic life at a speed that people can hardly imaginethe traditional finance is also closely watching this irresistible trend of global economic integration and networking. As a result, value-added services take art as the selling point and can be regarded as commodities; The sword in the game is not a brand-new financial services business philosophy - e-finance came into being
from the historical development process, to understand e-finance, we must start from the electronic finance and e-commerce. The so-called e-financialization means that financial enterprises adopt modern communication, computer, network and other information technology means in addition to Internet technology to improve the work efficiency of traditional financial service business, rece operating costs, realize the automation of financial business processing, informatization of financial enterprise management and scientific decision-making, and provide customers with faster and more convenient services, And then enhance the financial enterprise is the behavior of market competitive advantage
e-finance is a transcendence of financial electronization. Different from the electronic finance, the main technical basis of e-finance operation is the increasingly perfect Internet technology. Due to the characteristics of global connectivity, openness, quickness and low marginal cost of Internet technology, e-finance strengthens the restructuring and innovation of financial services business based on Internet technology, so that customers are free from the restrictions of business hours and places, and enjoy all kinds of high-quality and low-cost services provided by financial enterprises anytime and anywhere
with the development of Internet, the form of money is becoming more virtual, and there is an electronic money that only exists in the form of electronic signal
reference source: Network: virtual currency
The monetary gold and silver Bureau of the people's Bank of China issued the "risk warning on issuing or promoting digital currency in the name of the people's Bank of China". In the risk warning, the central bank stressed: our bank has not issued legal digital currency, nor authorized any institutions and enterprises to issue legal digital currency, and there is no promotion team. At present, the so-called "digital currency" in the market is not legal digital currency. The central bank stressed that the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud
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Cheng tycoons use virtual currency to launder money, which is illegal fund-raising. Let's first understand the definition of illegal fund-raising on the Internet. Illegal fund-raising is a kind of criminal activity. It means that an entity or indivial raises funds from the public by issuing stocks, bonds, lottery tickets, investment funds, securities or other debt certificates without the approval of relevant departments in accordance with legal proceres, And promise to repay the principal and interest or give return to the investor in money and other ways within a certain period of time. And in China, it is clearly stipulated that investment in virtual currency is illegal, and the circulation and transaction of virtual currency is explicitly prohibited{ RRRRR}
it is not illegal fund-raising.
1. Fund raising without the approval of relevant departments according to law, including those without approval authority
cross provincial illegal fund-raising
departments with approval authority approve fund-raising beyond their authority, that is, the fund raiser does not have the subject qualification of fund-raising
Second, promise to repay the principal and interest to the investor within a certain period of time. Besides currency, there are also physical and other forms of debt service
Third, to raise funds from non-specific social objects. Here, the "unspecific target" refers to the public, not the specific minority< Fourth, cover up the essence of illegal fund-raising in legal form. In order to cover up their illegal purposes, criminals often sign contracts with investors (victims), disguise as normal proction and operation activities, and maximize their ultimate purpose of obtaining funds by fraud
if the above four conditions are met at the same time, it constitutes illegal fund-raising.
at present, there is no only quasi legal concept about illegal fund-raising, and the criminal law does not stipulate the crime of illegal fund-raising. According to the criminal law, the crimes related to illegal fund-raising include: the crime of illegally absorbing public deposits, the crime of fund-raising fraud, etc
according to the notice on banning illegal financial institutions and illegal financial business activities (YF [1999] No. 41),
illegal fund raising refers to that an entity or indivial raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other credit certificates without the approval of relevant departments in accordance with legal proceres, And promise to repay the principal and interest or give return to the investor in currency, in kind or other ways within a certain period of time; The departments with approval authority approve fund-raising beyond their authority, that is, the fund raiser does not have the subject qualification of fund-raising
2. Promise to repay the principal and interest to the investor within a certain period of time. Besides currency, there are also physical and other forms of debt service
Third, to raise funds from non-specific social objects. Here, the "unspecific target" refers to the public, not the specific minority< Fourth, cover up the essence of illegal fund-raising in legal form
What are the main types of illegal fund-raising< According to the relevant provisions of the notice on further cracking down on illegal fund-raising activities (YF (1999) No. 289), "illegal fund-raising" can be summarized as follows:
(1) absorbing funds by issuing securities, membership cards or debt certificates
(2) divide property, real estate and other assets equally, and raise funds with high interest by selling the disposal right of their shares
(3) illegal fund-raising in the form of non-governmental associations
(4) illegal fund-raising in the form of signing economic contracts such as commodity distribution
(5) raising funds by issuing lottery tickets or issuing lottery tickets in disguised form
(6) illegal fund-raising in the form of pyramid selling or secret concatenation
(7) illegal fund-raising in the form of orchard or manor development
it refers to the behavior that an entity or indivial raises funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other debt certificates without the approval of relevant departments according to the legal proceres, and promises to repay the capital and interest to the investors in the form of currency, material object and other benefits within a certain period of time.