TS1 - SEC - Client Protection Presentation
TS1 - SEC - Client Protection Presentation
a) Face-to-face transaction
c) Issuance of PDCs
d) Office transactions
Purely Online
+
b) Execution of contracts of transactions
investment
f) Issuance of Log-in IDs for online
c) Issuance of PDCs monitoring of transactions through
PM
d) Office transactions
g) Invitation & recruitment
are online
Most Popular
INVESTMENT
SCAMS
in the
PHILIPPINES
PYRAMID
& PONZI
SCHEMES
VICTIM PROFILES:
Professionals
Students
OFWs
Retirees
Farmers
Anyone with money to invest.
SOLICITOR/AGENT:
Friend
Relative
Teacher
Religious People
“Chain distribution plans” or “pyramid sales schemes”
The CONSUMER ACT OF THE PHILIPPINES
Sales devices whereby a person, upon the condition that he
Republic
makes an investment, Act byNo.
is granted 7394
the manufacturer or his
representative a right to recruit for profit one or more
additional persons who will also be granted such right to
Pyramid Schemes
Title I, Article 4, k – “Chain
recruit upon condition of making similar investments:
Provided, That, the profits of the person employing such a
distribution plans” or “pyramid
plan are derived primarily from the recruitment of other
persons into the plan rather than from the sales of
sales schemes”
consumer products, services and credit: Provided, further,
That the limitation on the number of participants does not
change the nature of the plan.
Have no real value.
Selling point:
Hides scam
by layering or
associating the Priced
each participant canhigh.
recoup
scheme with
his original investment and
products
make moreor money by
recruiting more Doparticipants.
privileges. the promise of getting commissions
not appeal to the investors without
from recruitment.
(Direct Selling Association of the Philippines)
8-Point Test
8-Point Test
1. Is there a product? 5. If recruitment were to
2. Are commissions paid on be stopped today, will
sale of products and not on the participants still make money?
registration/entry fees? 6. Is there a reasonable
3. Is the intent to sell a product product return policy?
not a position? 7. Do the products have
4. Is there no direct correlation fair market value?
between the number of recruits and 8. Is there a compelling reason to
compensation? buy?
If the answer to each If the answer to any of
question is the question is
Getting downlines
Positioning Timing
Pyramiding Scam or Legitimate Multi-Level
Marketing Scheme?
DTI
Violation of Securities Regulation Code or Illegal
Investment – Taking Activity?
SEC
When does the
SEC take action
over pyramid
schemes?
Pyramiding Ponzi
Focused on recruitment. Focused on the promise of high returns/interest.
Involves marketing products with little or no real Involves offering and/or sale of investment
value to evade prosecution. contracts.
1 . An investment of money,
2 . In a common enterprise,
3.1.17.1 Publication in any newspaper, magazine or printed reading material which is distributed
within the Philippines or any part thereof;
3.1.17.4 Distribution and/or making available flyers, brochures or any offering material in a public
or commercial place, or to prospective purchasers through the postal system, information
communication technology and other means of information distribution.” (Emphasis supplied)
The act of selling unregistered securities would necessarily
operate as a fraud on investors as it deceives the investing public
by making it appear that respondents have authority to deal on
such securities. Section 8.1 of the SRC clearly states that securities
shall not be sold or offered for sale or distribution within the
Philippines without a registration statement duly filed with and
approved by the SEC and that prior to such sale, information on
the securities, in such form and with such substance as the SEC
may prescribe, shall be made available to each prospective buyer.”
Ponzi
Schemes
History of the Ponzi Scheme
Named after Charles Ponzi (Carlo Pietro Giovanni
Guglielmo Tebaldo Ponzi) an Italian businessman In reality, Ponzi was paying early investors
and con artist using the investments of later investors. This
type of scheme is now known as a “Ponzi
In the early 1920’s, he promised clients a 50% Scheme". His scheme ran for over a year before
profit within 45 days, or 100% profit within 90 it collapsed, costing his "investors" $20 million.
days, by buying discounted postal reply
coupons* in other countries and redeeming them
at face value in the United States as a form
of arbitrage.
* An international reply coupon (IRC) is a coupon that can be exchanged for one or
more postage stamps for the purpose of allowing a person to send someone in another
country a letter, along with the cost of postage for a reply.
Features
EXTREMELY
“Profits” toHIGH investors RETURNS
are not created by the
Investors are enticed with the promise of extremely
success of the underlying business
high returns (ranging from a low of 5% to as high asbut
40% per month).
instead are derived from the capital
contributions
Initial investors of others.
are paid exceptional returns from the
deposits of a growing number of new investors.
How Ponzi Scheme works
COMPANY
“A”returns
Company tellspart
others of good investment
Promise of unusually high
of A’s investment as
“interest”
opportunity interest rates (e.g., 10 %) a
month
“A”
invests
Company pays
A’s next interest COMPANY Company returns part of
B ‘s investment as
due “A”
from Band “B” tell others of
‘s good
“interest”
money
investment opportunity
o The Promoter discourages the investor from cashing out his investment
and encourages the rolling over of the investment and/or infusing more
money
46
• Advisories are issued against companies offering investment opportunities to warn the public to be
extra cautious in parting with their hard-earned money in this type of companies;
• Cease and Desist Orders are likewise issued by the SEC directing the subject entities to stop their
illegal business operations;
• Orders of Revocation are issued for serious misrepresentation as to what a corporation can do or is
doing to the great prejudice of or injury to the public
• Criminal complaints were already filed at the Department of Justice for violations of Sections 8 and
28 of the Securities Regulation Code;
SEC in Action
• Complaints-Affidavit are being filed by the SEC with DOJ for criminal violations of the SRC.
• Rosario Baladjay was found guilty of SRC violations with penalty of imprisonment of 455 years.
• Webinars on investor protection & scam prevention are regularly conducted via FB live & uploaded
at the SEC’s website & FB page (SEC is also on Twitter, IG, Youtube
• Launched SEC Campaign Advocacy Network (SEC CAN) in partnership with other govt. agencies &
private organizations
• Launched SEC Check App available on Google Play & Apple App Store
• Appearances on media to inform the public of the risks of participating in illegal investment
schemes.
BEFORE YOU
INVESTIGATE
INVEST
FIRST
Get the following information
Landline Number.
Name
Do
SECnot
Address of
ofaccept
both
both the
cellular
Registration
the person
as
personnumber(s)
and
and company.
investment – the owner cannot be
company.
taker.
traced.
Get the following information
Primary License
Certificate of Registration
SEC Registration
Get the following information
Secondary License
Authorizes the corporation to undertake certain
business activities which require prior approval
from the Commission such as offering and/or
sale of securities to the public, e.g., solicitation
SEC Registration of investments from the public.
SECURITIES REGULATION CODE
SEC. 28. Registration of Brokers, Dealers, Salesmen and
Associated Persons. - 28.1. No person shall engage in the
business of buying or selling securities in the Philippines
as a broker or dealer, or act as a salesman, or an
associated person of any broker or dealer unless
registered as such with the Commission.
Sample Questions
Is the investment contract registered?
www.sec.gov.ph