Salon De Pamplona
SEC Advisory • Securities and Exchange Commission • Advisories • Dec 20, 2023
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December 20, 2023 SEC ADVISORY This is to inform the public that SALON DE PAMPLONA is NOT AUTHORIZED TO SOLICIT INVESTMENTS FROM THE PUBLIC . ETHIDa This advisory is prompted after a motu proprio investigation by the Commission that individuals or a group of persons representing SALON DE PAMPLONA are enticing the public to invest their money in the said entity by soliciting investments from the public. Information gathered show that SALON DE PAMPLONA is operated by Ramillo Pamplona Pumbaya and entices the public to invest a minimum of Five Thousand Pesos (Php5,000.00) and a maximum of Three Hundred Thousand Pesos (Php300,000.00) allegedly for the expansion of their salon branches and promises a return of fifteen percent (15%) after thirty (30) days . According to their Facebook page, SALON DE PAMPLONA is offering the investment package for a limited time only. Further investigation revealed that SALON DE PAMPLONA operates nine (9) branches, namely in: Oton, Pavia, Ledesma City Proper, Jaro, Lapaz, San Lorenzo Lapaz, General Luna Street, Municipality of Janiuay, and Passi City, Iloilo. TIADCc Notably, the investment scheme of SALON DE PAMPLONA involves the offering and sale of securities in the form of "investment contracts" as defined under Section 3.1 of the Securities Regulation Code. 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 SALON DE PAMPLONA . 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. 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. cSEDTC In view thereof, the public is hereby advised NOT TO INVEST or to STOP INVESTING in the investment scheme being offered by SALON DE PAMPLONA and its representatives, and to exercise caution in dealing with any individuals or group of persons soliciting investments for and on behalf of it. Thusly, the investment scheme of SALON DE PAMPLONA 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. Nos. 209655-60, 14 January 2015) . 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 SALON DE PAMPLONA is NOT REGISTERED with the Commission either as a Corporation or Partnership and is likewise 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. Those who act as salesmen, brokers, dealers, agents, representatives, promoters, operators, recruiters, uplines, influencers, endorsers, abettors and enablers of SALON DE PAMPLONA 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. (SEC vs. Oudine Santos, G.R. No. 195542, 19 March 2014) . Should you have any information on any recruitment or securities solicitation activities being undertaken by persons or group of persons claiming to represent SALON DE PAMPLONA you may send your reports to the SEC Iloilo Extension Office through email at [emailprotected] or [emailprotected] or the SEC Enforcement and Investor Protection Department at [emailprotected] . For the guidance of the public. Makati City, December 20, 2023.
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