Moca Farm

June 19, 2023 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY This is to inform the public that "MOCA FARM/MOCA FARM DAIRY, INC." is NOT AUTHORIZED TO SOLICIT INVESTMENTS FROM THE PUBLIC. cSEDTC Based on reports and information gathered by the Commission, individuals or groups of persons claiming to represent and operating using the name " MOCA FARM/MOCA FARM DAIRY, INC. ," are enticing the public, through social media to invest in " MOCA FARM/MOCA FARM DAIRY, INC. " As posted in its website ( https://mocafarm.co/about/ ) MOCA FARM/MOCA FARM DAIRY, INC. , claims that it specializes in producing high-quality dairy products from a family-owned and operated agricultural operations. It further claims that its farm is dedicated to sustainable and responsible farming practices, ensuring that its milk and other products are of the highest quality and taste. Interested investors will be asked to register through the link: https://mocafarm.shop/register/?m=604 after which they may then begin to choose from any of the following (7) products as shown below: The investor can earn Php100.00 after five (5) days or up to Php51,600.00 after One Hundred Twenty Days (120). An investor can earn Php50.00 if they can recruit a first-generation user, 7% of product value and 7% of daily income , plus another 4% dividend of the daily income of two generations of users. AIDSTE 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 MOCA FARM/MOCA FARM DAIRY, INC. 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 profits or 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. SDAaTC The transactions entered by MOCA FARM/MOCA FARM DAIRY, INC. through their online trading platform are considered "investment contracts" and must be registered with the Commission. The elements are all present as there is an investment of money into the common enterprise known as MOCA FARM/MOCA FARM DAIRY, INC. with the expectation of profits depending on the amount of money invested. The profits are also realized without any action from the investor other than to invest their money in MOCA FARM/MOCA FARM DAIRY, INC. Furthermore, the investment scheme of MOCA FARM/MOCA FARM DAIRY, INC. 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 People of the Philippines vs. Palmy Tibayan and Rico Z. Puerto (G.R. Nos. 209655-60, 14 January 2015) . The offering and selling of investment contracts using the "Ponzi Scheme," which is fraudulent and unsustainable, is NOT a registerable 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 MOCA FARM/MOCA FARM DAIRY, INC. is NOT REGISTERED with the Commission either as a corporation or a partnership. Furthermore, MOCA FARM/MOCA FARM DAIRY, INC. 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 individual or group of persons allegedly for or on behalf of MOCA FARM/MOCA FARM DAIRY, INC. 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 MOCA FARM/MOCA FARM DAIRY, INC. in soliciting, selling or convincing people to invest in the investment scheme being offered by said entity including solicitations and recruitment through the internet may be prosecuted and 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 (P5,000,000.00) or a penalty of Twenty-one (21) years of imprisonment or both pursuant to Section 73 of the SRC. AaCTcI Also, those who invite or recruit others to join or invest in such venture or offer investment contracts or securities to the public may incur criminal liability, or otherwise be sanctioned or penalized accordingly as held by the Supreme Court in the case of Securities and Exchange Commission 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 MOCA FARM/MOCA FARM DAIRY, INC. , you may send your reports to the Enforcement and Investor Protection Department through email at [emailprotected] . For the guidance of the public. Makati City, June 19, 2023.