Ariamall

September 21, 2023 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY This Advisory is prompted by inquiries, reports and information received by the Commission that individuals or group of persons representing an entity named ARIAMALL/AMELIA MALL ONLINE/AMELIA-MALL PHILIPPINES, INC. is enticing the public to invest their money in the said entity with a promise of high monetary rewards or profits. acEHCD Based on the reports from the public, AMELIA MALL ONLINE through its social media platform which can be found at https://ameliamall.vip/h5/index.html#/pages/index/main is offering the public a part-time job by placing orders online for a promise of receiving a commission, which can only be withdrawn upon payment of what they call a "Tax Charge." It was further reported that "AMELIA-MALL PHILIPPINES, INC." is the registered company name of AMELIA MALL ONLINE and is presenting a copy of its alleged Certificate of Registration as a way of enticing the public to invest in the said entity. A screenshot of said Certificate of Registration was shared to the Commission, thus: Reports revealed that ARIAMALL/AMELIA MALL ONLINE/AMELIA-MALL PHILIPPINES, INC. is likewise engaged in a scheme known as "Tasking and Recharging" where the public is invited on purported online jobs by performing certain tasks for a promise of receiving monetary rewards or what they call commission and once the tasks are completed, the investor will be given another task to perform for the same promise of receiving commissions which can only be withdrawn upon payment of what they call a "Tax Charge." EcTCAD The records of the Commission do not show the registration of AMELIA-MALL PHILIPPINES, INC. , as a corporation, partnership or One Person Corporation (OPC). Hence, the copy of the abovementioned Certificate of Registration of AMELIA-MALL PHILIPPINES, INC. , is BOGUS or FAKE . Consequently, ARIAMALL/AMELIA MALL ONLINE also does not have a secondary license or authority to solicit investments or offer securities as only registered corporations can apply for and be issued a secondary license by the Commission. Notably, Tasking and Recharging Scheme involves the offering and sale of securities in the form of "investment contracts" as defined under Section 3.1 of the Securities Regulation Code. An investment contract exists in Tasking and Recharging Scheme as 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. 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. SDHTEC Further, Tasking and Recharging Scheme , has the characteristics of a "Ponzi Scheme" where money 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 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. Finally, R.A. No. 11765 or the "Financial Products and Services Consumer Protection Act" (FCPA) also prohibits investment fraud which is defined under the law as any form of deceptive solicitation of investments from the public which includes Ponzi Schemes and such other schemes involving the promise or offer of profits or returns sourced from the investments or contribution made by the investors themselves and the offering or selling of investment schemes to the public without a license or permit from the SEC. In view thereof, the public is hereby advised to exercise caution in dealing with any individual or group of persons soliciting investments for and on behalf of ARIAMALL/AMELIA MALL ONLINE/AMELIA-MALL PHILIPPINES, INC. The public is further advised NOT TO INVEST or to STOP INVESTING in the investment scheme being offered by the subject entities or its representatives. Those who act as salesmen, brokers, dealers or agents, representatives, promoters, recruiters, uplines, influencers, endorsers, abetters and enablers of ARIAMALL/AMELIA MALL ONLINE/AMELIA-MALL PHILIPPINES, INC. , soliciting or convincing people to invest in the investment scheme being offered by the said entities including soliciting investments or recruiting investors through the internet may be held criminally liable under Section 11 of the FCPA and Section 28 of the SRC which are both penalized separately 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) . Furthermore, 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. HSAcaE Should you have any information regarding the operation of the subject entity, please send your reports at email at [emailprotected] or you may visit the Commission's Enforcement and Investor Protection Department (EIPD) located at the 9/F, The SEC Headquarters, 7907 Makati Avenue, Salcedo Village, Brgy. Bel-Air, Makati City. For the information and guidance of the public. Makati City, September 21, 2023.