Skip to main content

Prime Capital Solution

SEC-EIPD Advisory • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Dec 7, 2023

Full text

December 7, 2023 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY This is to inform the public that PRIME CAPITAL SOLUTION is NOT AUTHORIZED TO SOLICIT INVESTMENTS FROM THE PUBLIC. HTcADC This Advisory is prompted by information gathered by the Securities and Exchange Commission ("Commission") that certain agents of PRIME CAPITAL SOLUTION are soliciting investments from the public, which investments are purportedly to be managed by professional traders and asset managers. PRIME CAPITAL SOLUTION , through its agents, entices the public to invest online through their website, social media or the internet in three (3) programs namely: POT. A, POT. B, and POT. C with the following schemes: PROGRAMS INVESTMENT (PHP) PERIOD GUARANTEED PROFIT RATE AMOUNT (Php) POT. A P500-P15,000 6 days 70% P350-P11,250 POT. B P3,000-P50,000 9 days 85% P2,550-P42,500 POT. C P10,000-P80,000 12 days 100% P10,000-P80,000 The investment offering by PRIME CAPITAL SOLUTION constitutes soliciting investments from the public as the investors are enticed to invest money amounting from P500 up to P80,000, and in turn such investment will earn guaranteed profits ranging from 70% to 100% in just 6 to 12 days , as the case may be, which is in clear violation of Sections 8, 26 and 28 of the Securities Regulation Code (SRC) and Section 11 in relation to Section 3 (f) of Republic Act No. 11765 otherwise known as the Financial Products and Services Consumer Protection Act. CAIHTE 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 primarily from the efforts of others which is prominent in the scheme PRIME CAPITAL SOLUTION . As such, the SRC requires that securities must first be registered with this Commission before it can be offered and/or sold to the public and that the concerned entity and/or its agents should have the appropriate registration and/or license to offer and/or sell such securities to the public. Based on the Commission's database, PRIME CAPITAL SOLUTION 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 Securities Regulation Code (SRC). Further, the scheme employed by PRIME CAPITAL SOLUTION has the characteristics of a "Ponzi Scheme" where money from new investors are used in paying "fake profits" to prior investors. It is designed mainly to favor its top recruiters and prior risk takers, and is detrimental to subsequent participants if new investors become scarce. 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. aScITE 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. Those who act as salesmen, brokers, dealers or agents, representatives, promoters, recruiters, uplines, influencers, endorsers, abettors and enablers of PRIME CAPITAL SOLUTION , in convincing people to invest in the offered scheme, and those involved in solicitations and recruitment through the internet may be prosecuted and held criminally liable under Section 28 of the SRC and Section 11 of the FCPA and for the two offenses both are penalized separately 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 (SEC vs. Oudine Santos, G.R. No. 195542, 19 March 2014) . In view thereof, the public is advised NOT TO INVEST or STOP INVESTING in any investment scheme being offered by the salesmen, brokers, dealers or agents of PRIME CAPITAL SOLUTION , 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 PRIME CAPITAL SOLUTION . Should you have any information regarding any investment solicitation by any individuals or group of individuals on behalf of PRIME CAPITAL SOLUTION , please send your report to the ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT at [emailprotected] . DETACa For the guidance of the public. Makati City, December 7, 2023.

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.