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非法证券活动是指未经批准从事依法应由法定部门核准或批准,应受法定监督的证券发行和证券活动。这种违法犯罪行为主要有两大类:一是非法发行股票;二是非法经营证券业务。根据国家法律、法规规定,股票承销、经纪、证券投资咨询等证券业务由国务院证券监督管理机构依法批准设立的证券经营机构经营。因此,未经国务院证券监督管理机构批准,任何机构和个人从事股票承销、经纪、证券投资咨询,甚至委托理财均为非法经营证券业务。
Illegal securities activities refer to securities issuance and securities activities that should be legally supervised if they are not approved or approved by statutory authorities according to law. There are two main types of such criminal activities: one is the illegal issue of stocks; the other is the illegal operation of securities business. According to the laws and regulations of the state, securities business such as stock underwriting, brokerage and securities investment consulting shall be operated by securities institutions established by the securities regulatory authority under the State Council in accordance with the law. Therefore, without the approval of the securities regulatory authority under the State Council, any institution or individual engaging in securities underwriting, brokerage, securities investment consulting or even entrusted financial management are all illegally operating securities businesses.