China Naming Network - Almanac query - Is it illegal to pay for the company?

Is it illegal to pay for the company?

First, is it illegal to pay for the company?

1. Whether it is illegal to help the company pay its debts requires specific legal basis:

(1) In normal bookkeeping, it is not illegal for accountants to record and record in the account books according to the corresponding bills;

(2) It is illegal to keep accounts and issue invoices. If the salesman fails to invoice without an enterprise account, it will involve false invoicing and face huge fines and tax arrears.

2. Legal basis: Article 170 of the Company Law of People's Republic of China (PRC).

A company that truly provides accounting information shall provide true and complete accounting vouchers, accounting books, financial accounting reports and other accounting information to the accounting firm it employs, and shall not refuse, conceal or make false reports.

Article 19 1 of the Criminal Code of People's Republic of China (PRC).

The crime of money laundering covers up and conceals the income from drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order, financial fraud and other crimes, as well as the source and nature of the income. Whoever commits one of the following acts shall be confiscated of the above-mentioned criminal proceeds and sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:

(1) Providing capital accounts;

(2) Converting property into cash, financial bills or securities;

(3) Transferring funds by transfer or other payment and settlement methods;

(4) Cross-border transfer of assets;

(5) concealing or disguising the source and nature of the proceeds of crime and their proceeds by other means.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

2. What are the criteria for determining the crime of money laundering?

1. The perpetrator provides an operable fund account for criminals, which is convenient for criminals to launder money. This fund account includes both the actor's fund account and the fund account reopened for criminals;

2. The actor helps criminals to convert illegally acquired property into cash and various financial instruments, including foreign currency and foreign exchange. Its conversion content can be to convert financial bills into cash or foreign currency, or to convert cash and foreign currency into financial bills;

3. The perpetrator helped criminals to transfer funds outside China. This transfer of funds can be carried out by transfer or other means;

4. The actor conceals the illegal income by other means, such as buying real estate with the illegal income, or investing the illegal income in a series of improper means.