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The Department has received information that last November 2018, PAYSBOOK E-COMMERCE SYSTEM CO. LTD (Hereafter “Partnership”)dissolved its partnership and has caused the registration of a corporation called PAYSBOOK E-COMMERCE SYSTEM CORPORATION(Hereafter “Corporation).Per records of the Securities and Exchange Commission (Hereafter “Commission”), the Partnershipis registered in the Commission’s database as a partnership with the primary purpose of engaging in the following businesses: e-commerce system services, online selling, online advertising services, franchising business, website development andcustomized online system development.Likewise, the Corporation was registered in the Commission’s database as a corporation having the same primary purpose.However, boththe Partnershipand the Corporation(collectively “PAYSBOOK”)arenot authorized to solicit investments from the publicas the above-mentioned entitiesdid not secure prior registration and/or license to solicit investmentsnor have theyapplied for the issuance of any secondary license from the Commission as prescribed under Section 8 of the Securities Regulation Code.The Department has also received information that the members and affiliates of PAYSBOOKhave circulated in a popularsocial mediawebsitenumerous photos of its officersappearing before this Department implyingallof the company’s issues with the Commission have already beensettled. Moreover, we also received information that some officers, members and affiliates have been circulating a photo of its Certificate of Incorporation as proof of the legitimacy of its operations.To date, the Department has not issued any order lifting the 01 August 2018 Advisory(hereafter “Advisory”)on PAYSBOOK E-COMMERCE SYSTEM CO. LTD.finding no sufficient ground or justification to lift the same. Thus, the general public is hereby informed that the Advisory REMAINS VALID AND IN EFFECT.In the said Advisory,PAYSBOOK’s scheme was presented as follows:“Based on information gathered by the Commission, PAYSBOOKentices the public to invest by selling online account activation codes for participation in its platform to allegedly earn by simply logging in and out of the website and recruiting other individuals to join the investment scheme. The entire investment scheme is described in detail as follows:Manila
1.The investor is required to create aPAYSBOOKaccount in their website: https://paysbook.co/auth/register?id=(username of offeror);2.The investor will then be brought to a registration page where he will be asked to fill in his First Name, Last Name, Username, E-mail Address, Password and Mobile Number;3.By simply accomplishing the registration process, an investor earns Php300.00. To fully maximize profits, an activation code needs to be purchased from an upline or recruiter by paying a one-time fee of PhP1,000.00;4.After an activation code is purchased and entered into the system, a PAYSBOOKaccount owner can earn the following:a.Sign-in Reward –as explained earlier, an investor who opens an account earns PhP300.00 by simply signing-up on the PAYSBOOK platform;b.Log-in Reward –pertains to the reward earned amounting to PhP50.00 for simply logging-in to the platform. An investor is limited to two logins per day for up to six days to earn a total potential log-in reward of Php600.00;c.Log-out Reward -pertains to the reward earned amounting to PhP50.00 for simply logging-out from the platform. An investor is limited to two logouts per day for up to six days to earn a total potential log-out reward of Php600.00;d.Posting Reward –INDIGEN COINSare earned for every post, comment, share or like to the investor’s PAYSBOOKsocial media account. An investor shall earn 0.025 INDIGEN COINfor every like, share or comment made and 0.050 INDIGEN COINfor every post made in social media;e.Direct Commission –The investor is entitled to a direct commissionamounting to PhP100.00 for every person who is recruited, whether directly or indirectly through his downlines, and who subsequently activates his account for maximum of fifteen (15) recruits or account activations or a maximum commission of PhP1,500.00;f.Matching Commission –The investor is entitled to a matching commission amounting to PhP100.00 for every pair recruited, whether directly or indirectly through his downlines, and activated on the left and right side of his recruitment pyramid for up to forty (40) pairs matched per day or a maximum commission of PhP4,000.00 per day;g.Leveling Commission –The investor is entitled to a levelling commission amounting to PhP400.00 for filling every level or layer of his recruitment pyramid with downlines, recruited either directly or indirectly through his downlines, for up to the tenth level or layer or a maximum of PhP40,000.00 for all levels or layers.”Moreover, since the operation of the Corporation, despite havinga separate and distinct juridical personality, is a mere continuation and extension of the actual operations of the dissolved Partnership, the Advisory is hereby extended to apply to PAYSBOOK E-COMMERCE SYSTEM CORPORATION.To reiteratethe contents of the Advisory, the general public is hereby warned that all investment schemesare subject to the regulatory authority of this Commission. The recruitment of investor members under the guise of sponsoring a person into the system or platform is likewise considered a form of investment solicitation or a saleof securities. The offering or sale
of securities to the public without a permit or license from the Commission is a violation of Section 8.1 of the Securities Regulation Code (SRC).If ascheme involves the sale of securities to the public, the SRC requires that the said securities offered are duly registered and that the appropriate license and/or permit to sell securities to the public are issued to the corporation and/or its agents, pursuant to the provisions of Section 8 of the SRC.Likewise, those who act as salesmen, brokers, dealers or agents of these companies in selling or convincing people to invest in anyunregistered investment scheme,including solicitations and recruitment through the internet,may likewise be prosecuted and held criminally liable under Section 28 of the Securities Regulation Code and penalized with a maximum fine of Five Million pesos (P5,000,000.00) or penalty of twenty-one (21) years of imprisonment or both pursuant to Section 73 of the SRC.Accordingly, those who invite or recruit other people to join or invest in this venture or offer investment contracts or securities to the public may be held criminally liable or accordingly sanctioned or penalized in accordance with the Supreme Court decision in the case of SEC vs. Oudine Santos(G.R. No. 195542, March 19, 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.In view thereof, thepublic is hereby advised to exercise caution before investing in these kinds of activities and to take the necessary precaution in dealing withthe aforementioned entities.We are encouraginganyone who has any informationabout or complaintsagainstthesaid entities to personally visit or communicate with the Department at the Enforcementand Investor Protection Department, Ground Floor, North Wing, Secretariat Building, PICC Complex, Roxas Boulevard, Metro Manila.Kindly bring or send all relevant documents which would substantiate your claim including but not limited to the following: (1) copy of the contract; (2) any brochure, pamphlet, flier or proof of advertisement of the offer of securities; (3) printed screenshots showing any offering, solicitation or sale of securities; (4) videos which you may have taken as proof of the sale or offering of securities; and (5) any other evidence proving the conduct of offering of securities. It is highly advised that you give us a call before visiting to ensurethat the handling personnelis present to entertain you.For inquiries, call us at (02)818-6337 or (02)818-6047.For the guidance of the public.8 January2019