Virtual currency team pay and MLM

1. To judge whether it is MLM or not, we need to analyze the legal connotation of this behavior from a legal point of view. If the following conditions are met, it belongs to MLM< According to the "Regulations on the prohibition of pyramid selling":
Article 2, pyramid selling refers to that the organizer or operator's development personnel seek illegal benefits by calculating and paying remuneration to the developed personnel based on their number of directly or indirectly developed personnel or sales performance, or requiring the developed personnel to obtain the qualification of joining in the condition of paying a certain fee, Disturbing economic order and affecting social stability< Article 7 the following acts belong to pyramid selling:
(1) organizers or business operators, through development personnel, require other personnel developed by the developed personnel to join, and calculate and pay remuneration (including material rewards and other economic benefits, the same below) to the developed personnel based on the number of personnel developed directly or indirectly, so as to seek illegal benefits
(2) the organizer or business operator, through the developer, requires the developed person to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other persons to join and seek illegal interests
(3) the organizer or business operator, through the development personnel, requests other personnel developed by the development personnel to join, forms the relationship between the upper and lower line, and calculates and pays the online remuneration based on the sales performance of the lower line, so as to seek illegal interests
in the regulations on the prohibition of pyramid schemes, the concept of hierarchical relationship is repeatedly mentioned. The hierarchical relationship formed by certain rules is only a phenomenon in many pyramid schemes. It must be related to the illegal possession of other people's property before it can be suspected of pyramid schemes.

2. If it is impossible to confirm whether it is MLM or not only by one activity or commodity name, it should be judged according to its specific operation mode
MLM refers to the behavior of organizers or operators who seek illegal benefits, disrupt economic order and affect social stability by calculating and paying remuneration to the developed personnel based on their number of directly or indirectly developed personnel or sales performance, or requiring the developed personnel to obtain the qualification to join in on the condition of paying certain fees
MLM can be simply summarized as follows:
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2. Need to constantly find partners, and set up a team under the guise of doubling income to ince others
3. Decide how much you will get in return according to the number of people below and their business performance
4. In fact, to put it bluntly, it is to make the offline pay 1 yuan to the online, and the online said to teach the offline how to earn 50 yuan. As a result, when the offline gave the online 1 yuan, the online told the offline to find the same 10 idiots to do offline< According to Article 7 of the regulations of the State Council on the prohibition of pyramid selling, the following acts belong to pyramid selling:
(1) organizers or business operators, through development personnel, require other personnel developed by the developed personnel to join, and calculate and pay remuneration (including material rewards and other economic benefits) to the developed personnel based on the number of personnel developed directly or indirectly, (the same below) seeking illegal interests
(2) the organizer or business operator, through the developer, requires the developed person to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other persons to join and seek illegal interests
(3) the organizer or business operator, through the development personnel, requests other personnel developed by the development personnel to join, forms the relationship between the upper and lower line, and calculates and pays the online remuneration based on the sales performance of the lower line, so as to seek illegal interests.

3. Whether a company is engaged in pyramid selling needs to be determined by the administrative organ or the judicial department according to the specific situation. If the company's behavior meets the following conditions, it belongs to pyramid selling
Article 224-1 of the criminal law: organizations and leaders, in the name of business activities such as selling goods and providing services, require participants to obtain the qualification of joining by paying fees or purchasing goods and services, and form a hierarchy according to a certain order, and directly or indirectly use the number of development personnel as the basis for remuneration or rebate, so as to lure and encourage the participants Coercing participants to continue to develop pyramid selling activities in which others participate, defraud property and disrupt economic and social order< According to Article 7 of the regulations on the prohibition of pyramid selling, the following acts belong to pyramid selling:
(1) organizers or business operators, through developing personnel, require other personnel developed by the developed personnel to join, and calculate and pay remuneration (including material rewards and other economic benefits, the same below) to the developed personnel based on the number of personnel developed directly or indirectly, Seeking illegal interests
(2) the organizer or business operator, through the developer, requires the developed person to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other persons to join and seek illegal interests
(3) the organizer or business operator, through the development personnel, requests other personnel developed by the development personnel to join, forms the relationship between the upper and lower line, and calculates and pays the online remuneration based on the sales performance of the lower line, so as to seek illegal interests
in the regulations on the prohibition of pyramid schemes, the concept of hierarchical relationship is repeatedly mentioned. The hierarchical relationship formed by certain rules is only a phenomenon in many pyramid schemes. It must be related to the illegal possession of other people's property before it can be suspected of pyramid schemes.

4. Before you answer this question, it depends on the population from which you know the "fact that you can make a steady profit in one or two years". If the person who is doing this tells you, you need to distinguish his true from false. Most of the reasons why he says this to you are to take you into the company. At least the people I met who made these things around me didn't make a steady profit and didn't make a loss. More importantly, they made a big loss and got a new name called "cyber refugee". Let's analyze the whole model of virtual currency. It's a pyramid model. A person brings in more people to earn money from the latecomers. In the early stage, he can get a return. Because there is no return, the people in the early stage will not be so willing to recruit the people in the later stage. When he develops to a certain scale, he can no longer put forward any money. Therefore, whether a platform or a currency can last for one or two years depends on whether the scale is large enough and whether there are enough latecomers. Otherwise, how can we afford to give back to the early entrants? So only platform operators can make a steady profit

5. 👍
now we can also participate in providing storage space to help those customers who need to store content to keep content fragments, and they will get storage fees; Providing retrieval services, bandwidth, and quickly providing the content customers need will get retrieval fees; Packed blocks, each block confirmed, the network will give a reward. Statistically speaking, the return is higher than that of bitcoin mining.

6. When it comes to "modeling", we can only rely on "appearance design"

according to the definition of "appearance design", it refers to the new design of proct shape, pattern or their combination, as well as the combination of color, shape and pattern, which is aesthetic and suitable for instrial application

it can be seen that the carrier of modeling must be "proct". If your "coin" is a souvenir or decoration, it should be a proct and can be declared. But if your "coin" belongs to money, it can't.

7. MLM and MLM in disguised form are both illegal. Several features of MLM, such as entry fees and team pay, are illegal if they are involved

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9.

Not necessarily MLM, but also direct marketing. It's only a part of the characteristics of MLM. It belongs to the suspected behavior of MLM. We should not take it lightly, but also be vigilant

however, in the mode of direct selling, there is also the behavior of pulling people to collect entry fees. The most important basis to judge whether it is MLM is whether there is any actual sales behavior

However, illegal pyramid selling has no sales at all, or it is only under the guise of "props" whose price and value deviate seriously, and it is not allowed to return goods. The main purpose is to develop the number of "off-line" people. You need to pay a high entry fee or buy "props" equivalent to the high entry fee, otherwise you can't get the entry qualification

another difference is that there is a certain threshold for direct marketing to join, while MLM can join as long as the franchisee pays. For example, in the franchise mode of KFC, the franchisees need to meet certain conditions to join. After joining, they all have the support of the head office. After training, decoration and other processes, the new store will have actual sales, and the franchisees can also get income

However, the above-mentioned behaviors will not happen after joining the MLM, and the franchisees will only be required to continue to develop the offline and expand the team, and the so-called procts are just a cover

the main purpose of MLM organizations is ultimately to defraud membership fees, franchise fees, licensing fees, training fees, investment fees, etc. in the early stage, they will brainwash the MLM employees by various means, such as membership cards, savings cards, lottery tickets, vocational training, etc., in the name of monopoly, agency, franchise, direct sales, chain stores, online sales, etc, There will be no sales in the end

all the staff who develop MLM have offline income Commission, and there is a certain hierarchical relationship between the development staff and the developed staff. MLM is to directly or indirectly use the number of development personnel as the basis of remuneration or rebate, to lure and coerce participants to continue to develop, others to participate, defraud property and disturb the economic and social order

the Commission of direct sales personnel is not the development of offline Commission, but the sales volume Commission. Therefore, one of the obvious characteristics of direct sales personnel is to ask to buy goods, and the purpose of "head pulling" behavior is to sell more procts, so as to obtain the company's high sales commission income

MLM refers to the illegal behavior of organizers and development personnel to obtain wealth by calculating and paying remuneration to the developed personnel based on the number or performance of the personnel directly or indirectly developed, or requiring the developed personnel to pay a certain fee to obtain the qualification to join. The essence of MLM is "Ponzi scheme", that is to say, the money of later comers is distributed to the income of former comers

the new type of MLM: it does not restrict personal freedom, does not accept ID cards and mobile phones, and does not take big classes collectively. Instead, it uses capital operation as a banner to pull people to cheat money, drives luxury cars, wears gold and silver, and uses money to attract your relatives and friends to join, and finally makes you lose all your money

extended information:

at present, the identification of "pyramid selling" is mainly based on the State Council's "Regulations on the prohibition of pyramid selling" (State Council Order No. 444) and "opinions of the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities" (Gong Tong Zi [2013] No. 37)

1. The regulations on the prohibition of pyramid selling issued by the State Council defines "pyramid selling" as follows:

the term "pyramid selling" as mentioned in these Regulations refers to the development personnel of organizers or business operators who calculate and pay remuneration to the developed personnel on the basis of their number of directly or indirectly developed personnel or sales performance, Or ask the developed people to pay a certain fee as a condition to obtain the qualification to join, and other ways to seek illegal interests, disrupt economic order and affect social stability

2. The opinions of the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security on Several Issues concerning the application of law in handling criminal cases involving the organization and leadership of pyramid schemes are as follows:

in the name of business activities such as selling goods and providing services, participants are required to obtain the qualification by paying fees or purchasing goods and services

If there are more than 30 people participating in pyramid selling activities and the level is more than three, the organizer, the manager and the manager should be punished Leaders should be held criminally responsible

3. According to Article 78 of the notice of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (2) (GTZ [2010] No. 23)

it is also in accordance with the above standards in the opinions of the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security on Several Issues concerning the application of law in handling criminal cases involving the organization and leadership of pyramid selling activities, so as to investigate the criminal responsibility of the organizers and leaders

source of reference materials: People's daily.com-a new way to expose pyramid selling crimes