Ayala Corporation Group, Inc.
SEC-EIPD Advisory • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Oct 10, 2023
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October 10, 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 the following entities, namely; AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION/BELLAVITA AYALA CORPORATION/AYALA CORPORATION E COMMERCE are enticing the public to invest their money in said entities with a promise of high monetary rewards or profits. Based on the reports, AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION through its social media platform are offering the public a part-time job by placing orders online for a promise of receiving a commission, which can only be withdrawn upon payment of what they so-called " Tax Charge ." Further, AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION/BELLAVITA AYALA CORPORATION are presenting copies of their alleged DTI Certifications and SEC Registrations to entice the public to invest in the said entities. Below are screenshots of the said Certifications which were shared to the Commission: HTcADC It was also reported that AYALA CORPORATION E COMMERCE through its social media platform which can be found at https://www.77777shop.vip/index/support/index is offering the public a part-time work by placing orders online for a promise of receiving a commission. Consequently, reports revealed that AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION/BELLAVITA AYALA CORPORATION/AYALA CORPORATION E COMMERCE are engaged in a scheme known as "Tasking and Recharging" where the public is invited on purported online jobs by performing a certain task for a promise of receiving monetary rewards or what they so-called commission and once the task is 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the investor will be given another task to perform for the same promise of receiving commissions which can only be withdrawn upon payment of what they so-called " Tax Charge ." On the other hand, in its email, AYALA CORPORATION's Public Affairs Group External Affairs & Relations Team has reported to the Commission the activities of certain entities which have been using their company's official logo on social media and other platform to mislead the public that their investment applications are legitimate and their non-involvement to the said activities. CAIHTE In the same email, AYALA CORPORATION's Public Affairs Group External Affairs & Relations Team has informed the Commission of their issued Advisory informing the public of AYALA CORPORATION's non-involvement to a certain " Ayala Investment App " who have been using their company's official logo on social media channels to promote their illegal investment schemes, Below is a screenshot of said post: Per initial verification from the Commission's Database, AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION/BELLAVITA AYALA CORPORATION/AYALA CORPORATION E COMMERCE are not registered as a corporation or partnership. Consequently, AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION/BELLAVITA AYALA CORPORATION/AYALA CORPORATION E COMMERCE 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. Memoranda were sent to the Commission's concerned department (CRMD, CGFD and MSRD) inquiring if the abovenamed entity has secured registration and/or secondary license to solicit investments from the public. Hence, the aforementioned entities seems to impersonate AYALA CORPORATION (stock symbol: AC), a publicly-listed holding company for the diversified interests of the Ayala Group, which owns, among others, Ayala Land, BPI, GCash, Globe and Manila Water. aScITE Based on verification conducted, the fake/bogus "AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION/BELLAVITA AYALA CORPORATION/AYALA CORPORATION E COMMERCE" are NOT IN ANY WAY RELATED TO OR AFILLIATED OR CONNECTED WITH AYALA CORPORATION AND ANY OF ITS SUBSIDIARIES AND AFFILIATES. 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. Further, Tasking and Recharging Scheme , shows indication of a possible "Ponzi Scheme" where moneys 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, the Financial Products and Services Consumer Protection Act 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 AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION/BELLAVITA AYALA CORPORATION/AYALA CORPORATION E COMMERCE . 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. DETACa Those who act as salesmen, brokers, dealers or agents, representatives, promoters, recruiters, uplines, influencers, endorsers, abetters and enablers of, AYALA CORPORATION GROUP, INC./AYALA CORPORATION BUDGETARIAN ONLINE SHOP/GLOBAL ONLINE AYALA CORPORATION/BELLAVITA AYALA CORPORATION/AYALA CORPORATION E COMMERCE 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 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 the subject entity, please call the Enforcement and Investor Protection Department (EIPD) at telephone number 8818-6047 or 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. HEITAD For the information and guidance of the public. Makati City, October 10, 2023.
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