Upsolution Online Shop International
SEC Advisory • Securities and Exchange Commission • Advisories • Oct 10, 2023
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October 10, 2023 SEC ADVISORY This is to inform the public that "UPSOLUTION ONLINE SHOP INTERNATIONAL" is NOT AUTHORIZED TO SOLICIT INVESTMENTS FROM THE PUBLIC . This advisory is prompted by reports and information received by the Commission that individuals or a group of persons representing UPSOLUTION ONLINE SHOP INTERNATIONAL , are enticing the public to invest their money in the said entity by purchasing "shares of stock" with a promise of high monetary rewards or profits. HTcADC Information gathered show that UPSOLUTION ONLINE SHOP INTERNATIONAL owned by Mr. Daniel Paulo C. Ouano, Mr. Rodge Abis Mendoza, and Mr. Ricardo Lumile Pasco entices the public to purchase "shares of stock" by investing a minimum of Three Thousand Five Hundred Pesos (Php3,500.00) claiming that the investor will become the owner of one (1) share of stock and promises a return of Six Thousand Pesos (Php6,000.00) after thirty-seven (37) days . Further, UPSOLUTION ONLINE SHOP INTERNATIONAL claims that investors who purchase ten (10) shares, equivalent to Thirty-Five Thousand Pesos (Php35,000.00) , will be given five (5) additional shares of stock as a bonus, and the investor can earn up to Ninety Thousand Pesos (Php90,000.00) in just 37 days . Investors who purchase twenty (20) shares, equivalent to Seventy Thousand Pesos (Php70,000.00) will be given an additional five (5) shares, and the investor can earn up to One Hundred Fifty Thousand (Php150,000.00) in 37 days . Finally, investors who purchase twenty-five (25) shares amounting to Eighty-Seven Thousand Five Hundred Pesos (Php87,500.00) will be CAIHTE given nine (9) additional shares, and can earn up to Two Hundred Four Thousand Pesos (Php204,000.00) in 37 days . However, the investor is required to re-invest their minimum prior investment within three (3) days, otherwise they will be blacklisted and banned from further investing in UPSOLUTION ONLINE SHOP INTERNATIONAL . In this regard, the public is made aware that an "investment contract" which is a kind of security, exists when there is an investment or placement of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others which is prominent in the scheme of UPSOLUTION ONLINE SHOP INTERNATIONAL . As such, the Securities Regulation Code (SRC) requires that said offer and/or sale of securities must be duly registered with the Commission and that the concerned entity and/or its agents should have the appropriate registration and/or license to sell such securities to the public. aScITE Further, the Financial Products and Services Consumer Protection Act (FCPA) also prohibits investment fraud which is defined under the law as any form of deceptive solicitation of investments from the public which includes Ponzi schemes and such other schemes involving the promise or offer of returns sourced from the investments or contributions made by the investors themselves and the offering or selling of investment schemes to the public without a license or permit from the SEC. Thusly, the investment scheme of UPSOLUTION ONLINE SHOP INTERNATIONAL has the characteristics of a "Ponzi Scheme," promising exorbitant rates of return with little to no risk at all to the investors as exemplified in the case of People of the Philippines vs. Palmy Tibayan and Rico Z. Puerto (G.R. No. 209655-60, 14 January 2015) . The offering and selling of shares of stock by an unregistered corporation using the "Ponzi Scheme," which is fraudulent and unsustainable, is not a registrable security. The Commission will not issue a License to offer or Sell Securities to the public, to persons or entities engaged in such business or scheme. The records of the Commission show that UPSOLUTION ONLINE SHOP was registered with the Commission on August 7, 2023; however, UPSOLUTION ONLINE SHOP INTERNATIONAL is NOT AUTHORIZED to solicit investments from the public since it has not secured prior registration and/or license from the Commission as prescribed under Sections 8 and 28 of the SRC. Hence, the public is advised NOT TO INVEST or STOP INVESTING in any investment scheme being offered by any persons allegedly for or on behalf of UPSOLUTION ONLINE SHOP INTERNATIONAL , and to exercise caution in dealing with any individuals or group of persons soliciting investments for and on behalf of it. Those who act as salesmen, brokers, dealers, agents, representatives, promoters, operators, recruiters, uplines, influencers, endorsers, abettors and enablers of UPSOLUTION ONLINE SHOP INTERNATIONAL in soliciting, selling, or convincing people to invest in the scheme offered by said entity, including solicitations and recruitment, may be held criminally liable under Section 28 of the SRC and Section 11 of the FCPA and for the two offenses, both penalized with separate maximum fine of Five Million Pesos (Php5,000,000.00) or a penalty of twenty-one (21) years of imprisonment or both , pursuant to Section 73 of the SRC. DETACa Should you have any information on any recruitment or securities solicitation activities being undertaken by persons or group of persons claiming to represent UPSOLUTION ONLINE SHOP INTERNATIONAL , you may send your reports to the Enforcement and Investor Protection Department through email at [emailprotected]. For the guidance of the public. Makati City, October 10, 2023.
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