Rollyx Trading/Rollyx Financial Services/Rollyxtrading.com
SEC-EIPD Advisory • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Mar 1, 2024
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March 1, 2024 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY Based on report and information gathered by the Commission, an online platform under the name ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM founded by its owner ROLLY MENDOZA is found to be engaged in investment-taking activities in the Philippines which is NOT AUTHORIZED by the Commission. To show: cSaATC The instant case stemmed from the inquiries and reports from the public regarding the alleged illegal investment-taking activities of ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM. CHTAIc Based on the information gathered from open sources, ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM is a social media/online platform enticing the public to invest a minimum amount of Php300.00 up to Php4,000.00 for a Swift Plan 6-day timeframe package with 25% profit or a minimum amount of Php5,000.00 up to Php20,000.00 under their Regular Plan with 15-day timeframe package with a 60% profit . Both packages include a 10% referral fee bonus with 1-peso daily log in bonus. Applying the Howey Test , 1 ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM so-called online investment packages being offered before the public is synonymous to an investment contract which is clearly under the Commission's regulatory power. Their activities involving the offer and sale of securities to the public where their investors need not exert any effort other than to invest or place money in its scheme in order to earn profit should be registered and controlled by the Commission. ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM is NOT registered with the Commission as a corporation or partnership. FURTHER IT IS NOT AUTHORIZED to solicit investment/placements from the public nor to issue investment contracts and other forms of securities since it has not secured prior registration and/or license from the Commission as prescribed under Secs. 8 and 28 of the Securities Regulation Code , and that any person or entity intending to offer and sell its investment contract are required to secure the necessary registration and/or license from the Commission as well. Hence, the public is strongly advised NOT TO INVEST or STOP INVESTING in any scheme offered by ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM or such other entities similarly engaged in investment contracts without prior registration from the Commission. cHDAIS The public is again reminded that investing in such an unregulated entity lacks investor protection because it is not covered by prudential and market conduct requirements applicable to licensed and authorized operations. 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, Financial Products and Services Consumer Protection Act (FCPA) and such other rules and regulations enforced by the Commission . Those who act as salesmen, brokers, dealers or agents of such unauthorized entities like the operators of the Facebook Page or other similar social media of ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM in selling or convincing people to invest in their CO-PARTNERSHIP INVESTMENT program offered including solicitations and recruitment through the internet may likewise be criminally prosecuted and penalized with a maximum fine of Five Million pesos (P5,000,000.00) or a penalty of Twenty-one (21) years of imprisonment or both pursuant to Sections 28 and 73 of the SRC . In the same manner, those who invite or recruit others to join or invest in such venture or offer investment contracts or securities to the public similar to and the operators of the ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM may incur criminal liability, or otherwise be sanctioned or penalized accordingly as held by the Supreme Court in the case of SEC vs. Oudine Santos (G.R. No. 195542, 19 March 2014). The names of all those involved will also be reported to the Bureau of Internal Revenue (BIR) so that the appropriate penalties and/or taxes be assessed correspondingly. Should you have any information regarding any investment solicitation activity by any individual or group of individuals representing ROLLYX TRADING/ROLLYX FINANCIAL SERVICES/ROLLYXTRADING.COM , please send your report to the EIPD at [emailprotected]. For the guidance of the public. Makati City, March 1, 2024. Footnotes 1. Power Homes Unlimited vs. SEC (G.R. No. 164182, February 26, 2008).
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