Upsys Daily Trading
SEC EIPD Advisory-Upsys • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD) • Jan 25, 2023
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January 25, 2023 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY This is to inform the public that UPSYS DAILY TRADING is NOT AUTHORIZED TO SOLICIT INVESTMENTS FROM THE PUBLIC. This ADVISORY is prompted by reports and information gathered by the Commission that individuals or group of persons headed by its CEO/Founder JOHN VILLARINO are enticing the public through social media platform. As posted online, one can invest in UPSYS DAILY TRADING by registering first at https://up-sys.net then choose from any of their four (4) investment plans. UPSYS DAILY TRADING is offering investments to the public with a minimal amount of Php500.00 up to Php150,000.00 . Investors may earn 2% up to 4% daily or Php900.00 up to Php540,000.00 after 3 months lock in period , respectively. The investor can earn 50% direct referral bonus for 1st level and 1% unlevel bonus for 2nd up to 10th level . In this regard, the public is being made aware that an "investment contract," which is a kind of security, 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 UPSYS DAILY TRADING . As such, the Securities Regulation Code (SRC) requires that said offer and/or 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, UPSYS DAILY TRADING , 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 UPSYS DAILY TRADING 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. In view thereof, the public is hereby advised NOT TO INVEST or to STOP INVESTING in the investment scheme being offered by UPSYS DAILY TRADING vis--vis JOHN VILLARINO 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 or recruiting investors for and on behalf of UPSYS DAILY TRADING vis--vis JOHN VILLARINO . Those who act as salesmen, brokers, dealers, agents, representatives, operators, promoters, uplines, recruiters, influencers, endorsers, abettors and enablers of META TRADE vis--vis JOHN VILLARINO , 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 any investment solicitation by any individual or group of individuals on behalf of UPSYS DAILY TRADING vis--vis JOHN VILLARINO , please send your report through email at [emailprotected] . For the information and guidance of the public. Makati City, January 25, 2023.
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