Utmostpeak Corp.
SEC-EIPD Advisory • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Mar 29, 2022
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March 29, 2022 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY Based on the information gathered by the Commission, a number of individuals or group of persons claiming to represent UTMOSTPEAK CORPORATION (also known as UMP-TRADING/UMP COMMUNITY ) are enticing the public to invest their money in said entity. UTMOSTPEAK CORPORATION otherwise known as UMP-Trading/UMP Community, according to those claiming to represent this entity is offering investments where the minimum investment of Php5,000.00 shall earn a daily interest of 1% or for a total of 20% per month excluding weekends. The collected monies are invested, allegedly, in foreign exchange. The above described schemes involved the sale of securities to the public, the Securities Regulation Code (SRC) requires that these securities are duly registered and that the concerned corporation and/or its agents have appropriate registration and/or license to sell such securities to the public pursuant to Section 8 of the SRC. Per records of the Commission, the name UTMOSTPEAK CORPORATION is registered as a corporation on 26 February 2020, however, its Certificate of Incorporation explicitly prohibits investment solicitation. Moreover, the purported business activity it ought to conduct based on its primary purpose as stated in its Articles of Incorporation is as follows: "To engage in wholesale trading of goods and merchandises. Provided that the corporation shall not solicit, accept or take investments/placements from the public neither shall it issue investment contracts. " (bold underscoring for emphasis) It is crystal clear that the corporation is prohibited from taking investment from the public as it lacks the necessary secondary license from this Commission. Corollary, those who act as salesmen, brokers, dealers or agents or claim to act as such for UTMOSTPEAK CORPORATION 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 (P5,000,000.00) 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). 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 UTMOSTPEAK CORPORATION 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 for and on behalf of it. Should you have any information regarding the operation of the subject entity, please call the Enforcement and Investor Protection Department at telephone numbers (02) 8818-6047 or send your report to the EIPD at [emailprotected] . For the guidance of the public. Pasay City, March 29, 2022.
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