PHtop
SEC-EIPD Advisory • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Jan 27, 2022
Full text
January 27, 2022 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY The Commission has received information that PHtop is engaged in UNAUTHORIZED investment-taking activities. PHtop's platform allegedly uses information technology and the internet era to integrate network promotion, online marketing, offline infrastructure, financial investment, and other projects which it claims uses the efficiency of the internet to rebuild the business empire, and at the same time uses internet data to rewrite the future. According to PHtop , this development trend is inevitable. Hence, PHtop claims that it will be at the forefront of the industry and lead the internet. The company is headed by ALEX REYES OYO-A , who entices the public to join the company by purchasing a " VIP MEMBERSHIP INCOME ." Each VIP is valid for one (1) year or Three Hundred Sixty-Five Days (365 days). VIP members of any level can recover all investment costs within 35 days. The next 330 days are net profit as shown in the table below: level Price (Pesos) Daily tasks (Number) Unit Price (Pesos) Daily revenue (pesos) Monthly income (pesos) Annual income (pesos) VIP2 3,850 5 22 110 3,300 40,150 VIP3 9,800 10 28 280 8,400 102,200 VIP4 28,700 20 41 820 24,600 299,300 VIP5 52,500 30 50 1,500 45,000 547,500 VIP6 105,000 50 60 3,000 90,000 1,095,000 VIP7 285,600 80 102 8,160 244,800 2,978,400 VIP8 700,000 100 200 20,000 600,000 7,300,000 VIP is valid for one year from the date of purchase. During this period, you can upgrade at any time and only pay the difference, for example, users who have already purchased VIP3 need to purchase VIP4 and only pay 28,700 (VIP4)-9,800 (VIP3) = 18,900 pesos. An investor can also earn the following: (1) 2-8% Invitation reward; (2) 3-6% Commission for the task completed every day; and (3) Maturity options for the fixed investment wherein each maturity corresponds to a different daily income. Briefly, an "investment contract" 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 PHtop . As such, the Securities Regulation Code (SRC) requires that said offer and 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. Based on the Commission's database, PHtop , is NOT REGISTERED as a corporation or partnership and OPERATES WITHOUT THE NECESSARY LICENSE AND/OR AUTHORITY to solicit, accept or take investments/placements from the public nor to issue investment contracts and other forms of securities defined under Section 3 of the SRC . Further, the scheme employed by PHtop , shows indication of a possible "Ponzi Scheme" where monies from new investors are used in paying "fake profits" to prior investors and is designed mainly to favor its top recruiters and prior risk takers and is detrimental to subsequent members in case of scarcity of new investors. The Commission reminds the public that the offering and selling of securities in the form of investment contracts using the "Ponzi Scheme" which is fraudulent and unsustainable, is NOT a registrable security. The Commission will not issue a License to Sell Securities to the Public to persons or entities that are engaged in this business or scheme . In view thereof, the public is hereby advised NOT TO INVEST or to STOP INVESTING in the investment scheme being offered by PHtop , and its representatives . Those who act as salesmen, brokers, dealers or agents of PHtop , in selling or convincing people to invest in the investment scheme being offered by the said entity including soliciting investments or recruiting investors through the internet may be held criminally liable under Section 28 of the SRC and penalized with a maximum fine of Five Million Pesos (Php5,000,000.00) or imprisonment of Twenty-One (21) years 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 regarding the operation of PHtop , and its representatives, please send your report through email at [emailprotected] . For the information and guidance of the public. Pasay City, January 27, 2022.
Ask what this means for your situation
The assistant quotes the passage it relies on and links the source, so you can check every figure it gives you.