Legal. In business activities, as long as the company operates normally, it is a road of expansion and sustainable development, and state-owned companies are no exception. Therefore, it is an important tool to solve and make up for the shortage of funds through financing. Of course, in addition to following the articles of association, state-owned companies also need the consent and authorization of the competent authorities.
Second, is it reliable to lend money to the government for financing?
Reliable. For organizers, the financing channels of the project include domestic government's linked capital, private sector lending institutions, export credit, development banks and insurance institutions, international financial institutions and project customers. Government financing is a variety of sources of project financing. 1. The host company undertakes all the financing of the project. If the company's own funds are limited, it must first obtain the support of domestic funds. Government financing includes domestic government financing and domestic bank financing. Part of China's fiscal revenue was used to expand investment in reproduction, and the government financing was changed from the past free allocation to loans, which enhanced the organizers' awareness of funds and risks. 2. In fact, the finance of many western countries also provides funds for the construction of large-scale projects, such as railways, mines, airports and large enterprise projects. 0 Germany 100% of posts and telecommunications and railways, 95% of ports and power supply projects, highways, river transportation and aluminum smelting, the state has given great financial support. In developing countries, due to limited fiscal revenue, some large-scale projects financed by the government are short of funds, and most of the funds have to be financed from the international market. The proportion of government financing can be as high as 3/4, and its own funds only account for a small part, but this part has also become an important supplementary fund for the project sponsors and a part of the government's hope for paid loans. From the capital demand side: 1, the government financing platform is naturally similar to a Ponzi scheme, and it must rely on continuous lending to continue, and it can't afford to reduce the exposure. 2. Since Circular No.43, the overall control of bank trust on government financing platform credit is relatively strict, so it is not so easy for the government to borrow money directly from banks. 3. A large number of prefecture-level cities and most counties with average economic strength do not have the ability to replace the liabilities of financial institutions through national debt for the time being. Summary: The government (especially the county-level government with general economy) still has a strong financing demand. From the perspective of capital supply: 1, the economic downturn, the cash flow of manufacturing (especially private enterprises) is tight. Many manufacturing leased assets in the hands of leasing companies are rising after the deadline, and the non-performing rate is rising. The economic situation is so bad that banks lend in succession. Leasing companies do not want to be long-term debt supporters, and they have stopped lending to manufacturing and private enterprises, making it difficult to continue new business. 3. After the leasing company's surviving business expires one after another, the company's total assets decrease, normal assets decrease sharply, the proportion of remaining concern and non-performing assets increases, and the capital adequacy ratio decreases, which not only affects the bond issuance rating, but also affects the company's long-term development.
Third, is it legal for the government to borrow money from individual employees?
The revised version of "General Rules for Loans" brought non-financial institution lenders into supervision for the first time: 20107-2423: 46 Source: Unknown Author: C During the revision process, the revised version affirmed the sunshine and legalization of private lending in the legal zone of non-financial institution lenders for the first time. Professionals believe that even if the revised draft is passed, it is necessary to comprehensively supervise private lending institutions and try to improve the financial structure system. At present, the general principles of loans are being revised. The revised draft affirms the legal status of non-financial institution lenders for the first time, which is expected to make private lending in a gray area sunny. Even if the revised draft is passed, it should be carried out throughout the system to solve the problem of small and medium-sized loans to some extent. This draft for comments is the first time, stipulating that local government integration agencies should supervise. The term "non-financial institution lender" as mentioned in the revised draft refers to an enterprise legal person who applies to the regulatory department determined by the provincial people's government for establishment according to law, and has registered with the administrative department for industry and commerce to obtain a business license, and does not absorb the public. Under certain conditions, the exposure draft will also include non-financial enterprises and individuals established as lenders without approval into the scope of legal lenders. The main advantages of private lending over bank lending are the advantages of loan scale, credit standing and loan procedures. Usually, people are determined by the nature of private sources of funds. In addition, the main loan object of private lending is to provide reliable property guarantee for loans that lenders are very familiar with, and they can only obtain loans by virtue of their own reputation, which can just make up for the shortage of bank lending in this respect. The above two advantages of private lending are definitely alive, unlike banks, which must have strict procedures. According to the reporter's understanding, at present, China does not recognize non-financial institutions as the main body of loans, but with the development of China's economy, especially with the continuous improvement of the national income level, many people have a lot of idle funds, and these funds are bound to find time. Therefore, it is very necessary to expand the scope of loan subjects and recognize non-financial institutions as lenders in the revised General Rules for Loans, which will solve the big problems and financing difficulties of small and medium-sized enterprises in China at present. At the same time, this revised idea will be gradually legalized and sunny, which is conducive to the healthy development of China's financial market. Liu Shaojun, director of the Institute of Finance and Tax Law of China University of Political Science and Law, said that we must also see that this liberalization is limited. In order to ensure the country's economic stability and financial security, it is impossible to completely liberalize it at one time. Therefore, it is reasonable to solve the problems in the market, Liu Shaojun said. legalweekly
4. Is it illegal for the township government to borrow money to raise funds?
One, the use of illegal fund-raising, one of the following circumstances, can be identified as "for the purpose of illegal possession":
(1) The raised funds are not used for production and business activities, or are obviously out of proportion to the scale of the raised funds, so that the raised funds cannot be returned;
(two) wantonly squandering fund-raising, so that the fund-raising can not be returned;
(3) fleeing with funds;
(4) The funds raised are used for illegal and criminal activities;
(5) Evading, transferring funds, concealing property or evading the return of funds;
(six) concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy to escape the withdrawal of funds;
(seven) refused to account for the whereabouts of funds, to escape the return of funds;
(eight) other circumstances that can be identified as the purpose of illegal possession.
The purpose of illegal possession in fund-raising crime should be determined according to different situations. If part of the actor's illegal fund-raising behavior has the purpose of illegal possession, the fund-raising involved in this part of illegal fund-raising behavior shall be convicted and punished for the crime of fund-raising fraud; Illegal fund-raising has a central branch crime aimed at illegal possession, and other actors have no intention or behavior of illegal possession of fund-raising. If the perpetrator aims at illegal possession, he shall be convicted and punished for fund-raising fraud.
Two, for the purpose of illegal possession, the following acts are carried out by methods, and shall be convicted and punished for the crime of fund-raising in accordance with the provisions of Article 192nd of the Criminal Law:
(a) does not have the real content of real estate sales or does not take real estate sales as the main purpose, and illegally absorbs funds by means of returning to the original sales, after-sales charter, agreed repurchase, and selling real estate shares;
(two) illegally absorbing funds through the transfer of forest rights and management on behalf of others;
(3) illegally absorbing funds by planting (breeding), renting planting (breeding) or joint planting (breeding);
(four) illegally absorbing funds by means of commodity repurchase or consignment. There is no real content of selling goods or providing services or the main purpose is to sell goods or provide services;
(five) illegally absorbing funds by means of false transfer of equity or sale of fictitious bonds, etc., which do not have the true contents of issuing stocks and bonds;
(6) Raising funds without real content, illegally absorbing funds by means of overseas funds or selling fictitious funds;
(seven) without the real content of selling insurance, illegally absorbing funds by means of counterfeiting insurance companies or forging insurance documents;
(8) illegally absorbing funds by investing in stocks;
(9) Illegally absorbing funds by means of entrusted financial management;
(ten) the use of "associations", "social groups" and other non-governmental organizations to illegally absorb funds;
(eleven) other acts of illegally absorbing funds.
Three. Legal basis: Article 4 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising.