SFCShare
SEC-EIPD Advisory • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Feb 23, 2022
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February 23, 2022 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY This Advisory is prompted by inquiries received by the Securities and Exchange Commission ("SEC") from the public on whether or not SFCShare is registered with the SEC and has the necessary Secondary License to solicit investment from the public. SFC claims to be an "interactive alliance advertising service platform" for Philippine online e-commerce, Internet companies and online self-media people and other cooperative groups. Through its SFC Employee Rewards and Benefit Program , one may invest money in the minimum amount of Php200.00 for the entry Employee Level of "Intern" to as high as Php12,000.00 for "Employee VIP 3." The investor may then earn a daily income of Php150.00 for the Intern Employee Level to as high as Php540.00 for the Employee VIP 3, as shown in the table below: In addition, an investor can also earn the following: (1) Php300.00-Php3,000.00 Invitation reward; and (2) 1-5% Commission for the tasks completed every day. 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 SFCShare . 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, SFCShare , 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 SFCShare , 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 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 SFCShare , and its representatives . Those who act as salesmen, brokers, dealers or agents of SFCShare , 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 ). 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. Should you have any information regarding the operation of SFCShare , and its representatives, please send your report through email at [emailprotected] For the information and guidance of the public. Pasay City, February 23, 2022.
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