In re Goldmany Advisory Services, Inc.
SEC Administrative Case No. 07-09-108 (Order) • Securities and Exchange Commission • Commission En Banc • Jan 6, 2010
Full text
January 6, 2010 SEC ADMINISTRATIVE CASE NO. 07-09-108 [Ref: CED Case No. 08-2883] IN THE MATTER OF GOLDMANY ADVISORY SERVICES, INC. ENFORCEMENT AND PROSECUTION DEPARTMENT , petitioner . FOR : Revocation of Corporate Registration ORDER On 29 July 2009, Petitioner filed a Petition praying for the Revocation of GOLDMANY ADVISORY SERVICES, INC.'s certificate of registration 1 pursuant to Section 6 (i) (1) of Presidential Decree No. 902-A 2 considering that the incorporators of the subject corporation allegedly committed falsification in the preparation of the Articles of Incorporation when they indicated false residence addresses and made it appear that they deposited the required twenty-five percent (25%) paid-up capital stock when no such deposit was ever made. On 17 December 2009, Petitioner filed an Ex-Parte Motion to Effect Service of Summons by Publication since the subject corporation has already moved out of its principal office without leaving any forwarding address, and the respective addresses of its incorporators/directors as stated in its Articles of Incorporation are spurious and cannot be ascertained by diligent inquiry. WHEREFORE, premises considered, Petitioner's Ex-Parte Motion is hereby GRANTED. In order to serve as notice to the subject corporation, let a copy of this Order together with the Petition be published in the Commission's website (www.sec.gov.ph), and posted in a conspicuous place at Commission's offices located at the ground floor, SEC Building, EDSA, Greenhills, Mandaluyong City for a period of thirty (30) consecutive days. Further let a copy of this Order be published once in a newspaper of general circulation at the Commission's expense. GOLDMANY ADVISORY SERVICES, INC. is hereby ORDERED to file its Answer/Comment on the Petition within thirty (30) days after the said newspaper publication or web publication, whichever comes later. Failure to file the Answer/Comment within the prescribed period shall result in a judgment by default. ITAaHc The subject corporation is hereby advised that it may obtain a certified true copy of the Petition from the Office of the General Counsel, 9th floor, SEC Building, EDSA, Greenhills, Mandaluyong City. Mandaluyong City, January 6, 2010. By Authority of the Commission (SGD.) VERNETTE G. UMALI-PACO General Counsel Footnotes 1. SEC Registration No. CS200500620. 2. P.D. 902-A provides: "Section 6. In order to effectively exercise such jurisdiction, the Commission shall possess the following powers: i) To suspend, or revoke, after proper notice and hearing, the franchise or certificate of registration of corporations, partnerships or associations, upon any of the grounds provided by law, including the following: 1. Fraud in procuring its certificate of registration;" Published in The Philippine Star on January 19, 2010.
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