Bit-Cryptorising Marketing Consultancy
SEC EIPD Advisory-BCR • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Jan 5, 2023
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January 5, 2023 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT-2023 SEC ADVISORY This Advisory is prompted by posts on social media by individuals or marketing teams representing BIT-CRYPTORISING MARKETING CONSULTANCY and BCR RISING TRADE, INC. apparently soliciting investments from the public. BIT-CRYPTORISING MARKETING CONSULTANCY and BCR RISING TRADE, INC. recruits investors by offering investments ranging from One Thousand Pesos (P1,000.00) up to Three Hundred Thousand Pesos (P300,000.00). Investors can earn 15% per week accumulating up to 60% in 30 or 120% for 60 days with additional benefits of 20% as partner rewards. The aforementioned investment scheme of BCR RISING TRADE, INC. and BIT-CRYPTORISING MARKETING CONSULTANCY clearly involves offering and sale of securities in the form of "investment contract" as defined under Section 3.1 of the Securities Regulation Code. 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 the marketing teams. 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. Records of the Commission show that BCR RISING TRADE, INC. is registered with the Commission on 11 November 2022. However, such registration merely grants juridical personality to the corporation but does not authorize them to issue, sell or offer for sale securities to the public nor undertake business activities requiring a secondary license. Further, per records of the Commission, BCR RISING TRADE, INC. is not authorized to solicit investments from the public as this entity did not secure prior registration and/or license to solicit investment from the Commission as prescribed under Sections 8 and 12 of the Securities Regulation Code. In fact, BCR RISING TRADE, INC. 's primary purpose per its Articles of Incorporation is, as follows: On the other hand, BIT-CRYPTORISING MARKETING CONSULTANCY is not registered with the Commission and likewise does not have a license to solicit investment from the Commission as prescribed under Sections 8 and 12 of the Securities Regulation Code. Additionally, the scheme employed by BIT-CRYPTORISING MARKETING CONSULTANCY 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. Those who claim to act as salesmen, brokers, dealers, agents, representatives, promoters, recruiters, uplines, influencers, endorsers, abetters and enablers of BIT-CRYPTORISING MARKETING CONSULTANCY and BCR RISING TRADE, INC. in selling or convincing people to invest in their investment scheme 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, those who invite or recruit others to join or invest in such venture may incur criminal liability, or otherwise be sanctioned or penalized accordingly. 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 BIT-CRYPTORISING MARKETING CONSULTANCY and BCR RISING TRADE, INC. , and its representatives, please send your report through email at [emailprotected] . For the information and guidance of the public. Makati City, January 5, 2023.
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