FXD Philippines
SEC-EIPD Advisory • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Jan 20, 2022
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January 20, 2022 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY The Securities and Exchange Commission has received information that individuals or group of individuals representing FXD PHILIPPINES ("FXD") led by JULES TYRELL J. FEROLIN along with ROMMEL TABANIAG and GERALD RIVAS are enticing the public to invest their money in the said entity with the promise of monetary rewards or profits. At present, FXD offers investment opportunity to the public where investors need only to invest a minimum amount of at least Php100,000.00 and may earn at around 7% profit which earnings can be withdrawn weekly . The invested money is being traded in foreign exchange through Juno Markets, 1 however, the entity's trading activity is done through their so-called "Expert Advisor" or "EA," an autobot which is being used by traders to automate their trade. Investor needs only to install the said EA and it shall automatically trade in foreign exchange. Rommel Tabaniag and Gerald Rivas are the President and Vice-President, respectively, of Building Our Success Stories Network, Inc. (BOSS Network), the subject of an SEC Advisory issued on 18 July 2018 and a Cease and Desist Order dated 30 July 2020. On the other hand, Gerald Rivas is the President of Kaizen Marketing Enterprise the subject of another SEC Advisory issued on 13 August 2020. Meanwhile, Rommel Tabaniag and Julius Tyrell Ferolin as incorporators and subscribers, attempted to register/incorporate FXD Consultancy, Inc. as a corporation that will purportedly engage in providing consultancy services in how to trade forex using MT4 software, but whose application was DENIED by the Commission. The public is hereby informed that FXD PHILIPPINES is not registered with this Commission either as a corporation or as a partnership and is NOT AUTHORIZED TO SOLICIT INVESTMENTS from the public for not having secured prior registration and/or license to sell securities or solicit investments as prescribed under Section 8 of the Securities Regulation Code (SRC). Moreover, the Commission does not allow the registration of Foreign Exchange (FOREX) in the nature of Commodity/Financial Futures Contract, Contracts for Differences (CFDs) and other similar highly-volatile and risky derivatives nor Commodity Futures Exchanges and commodity merchants/brokers, as the public trading thereof and the pertinent rules governing these securities remain suspended pursuant to Section 11 of the 2015 Implementing Rules and Regulations of the SRC. In other words, since the Commission has not yet registered a commodity futures exchange, it follows that no commodity futures merchant shall likewise be registered and allowed to solicit investments in commodity futures contracts, otherwise known as leveraged foreign currency contracts or margin trading. Accordingly, the Commission warns all unscrupulous individuals and/or entities that strict penalties are imposed for violations of the Securities Regulation Code, the Revised Corporation Code of the Philippines and such other laws, rules and regulations enforced by the Commission . Hence, those who act as salesmen, brokers, dealers or agents or claim to act as such of FXD PHILIPPINES through JULES TYRELL J. FEROLIN, ROMMEL TABANIAG and GERALD RIVAS in 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 held criminally liable under Section 28 of the SRC and penalized with a maximum fine of Five Million pesos (Php5,000,000.00) or penalty of Twenty-one (21) years of imprisonment or both pursuant to Section 73 of the SRC. 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) . Further, the names of all those involved will be reported to the Bureau of Internal Revenue (BIR) so that the appropriate penalties and/or taxes be correspondingly assessed. In view thereof, the public is advised NOT TO INVEST or STOP INVESTING in any investment scheme being offered by FXD PHILIPPINES through JULES TYRELL J. FEROLIN, ROMMEL TABANIAG and GERALD RIVAS as well as to any other entities having the same or similar schemes and to exercise caution in dealing with any individuals or group of persons soliciting investments or recruiting investors for and on behalf of FXD PHILIPPINES through JULES TYRELL J. FEROLIN, ROMMEL TABANIAG and GERALD RIVAS . Should you have any information regarding any investment solicitation by any individuals or group of individuals on behalf of FXD PHILIPPINES through JULES TYRELL J. FEROLIN, ROMMEL TABANIAG and GERALD RIVAS , please send your report to the ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT at [emailprotected] . For the guidance of the public. Pasay City, January 20, 2022. Footnotes 1. https://www.junomarkets.com/en/account/?ib=2143434342&fbclid=lwAR2R-7kAKHJzEcB4_Khpv8JgvHotribEw5qBsjXIO6myVGZtlSwjl0jKC24
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