Date Posted: 12 August 2021
BRIO DE AGOHO CLUB
Based on reports and information gathered by the Commission,
BRIO DE AGOHO
CLUB RESORT INC./BRIO DE AGOHO
/AGOHO RESORT AND VILLAS INC
,
headed by
its
Pres
ident and Chairman of the Board,
Ms.
Maricel P. Valentin are found to be offering and selling
club shares to the public without authority and license
from the Commission.
Purportedly
,
BRIO DE AGOHO CLUB RESORT INC./BRIO DE AGOHO/AGOHO RESORT
AND VILLAS INC.
are offerin
g and selling their club shares through their “Lifetime Co
–
ownership Business Model” or “Fractional Ownership” for the amount of Php975,000.00
which are available in different payment options such as Post
–
Dated Cheques (PDC), Auto Debit,
Online Banking
(preferred receiving bank is Union Bank), Over
–
The
–
Counter, Paymaya/7
–
Eleven via Cliqq Payment and Cash Payment (Xavierville Office/Briode Agoho Office). A d
own
payment
of
20% or Php195,000.00
is p
ayable in eight months and the balance of 80%
or
780,000.0
0 is payable in Twen
ty Five Months
; total
share price is Php975,000.00 plus
processing Fee of Php20,000.00
.
As found by the Commission,
BRIO DE AGOHO CLUB RESORT INC./BRIO DE
AGOHO/AGOHO RESORT AND VILLAS INC.
are enticing the public to avail of their
club shares
by promising the following privileges to investors:
1.
Life
–
time co ownership.
2.
Entitled to use and occupy rooms for Thirty nights (30) per year.
3.
Entitled to a share in the Net Room Rental Revenue of Brio de Agoho Club
Resort Inc. at the
rate of
Forty Percent (40%)
.
4.
First 80 buyers of each trance will win exciting lifestyle gadgets and gift
certificates.
5.
One lucky seller will drive home a brnad new Toyota Fortuner.
Based on the foregoing, the club membership shares or timeshares being o
ffered are in
the nature of
propriety shares which
are
securities
under Section 3 of the Securities Regulation
Code (SRC). Hence, a secondary license to offer securities or Permit to Offer and Sell Proprietary
Securities is required before
BRIO DE AGOHO
CLUB RESORT INC./BRIO DE AGOHO/AGOHO
RESORT AND VILLAS INC.
could offer such club membership shares to the public. Further, the
scheme of
BRIO DE AGOHO CLUB RESORT INC./BRIO DE AGOHO/AGOHO RESORT AND
VILLAS INC.
in offering said shares to the public is co
nsidered offering of
Securities
without
prior registration in violation of Section 8 of the Securities Regulation Code.
As the aforementioned scheme involves the offer and sale of securities to the public, the
SRC requires that these securities are dul
y registered with the Commission and that concerned
the entity or its agents have approriate registration and/or license to sell such securities to the
public pursuant to Section 8 and 28 of the SRC.
Records of the Commission show that
BRIO DE AGOHO
is not
registered as a corporation or partnership
while
AGOHO RESORT AND VILLAS INC.
is
registered as
a c
orporation
on 02 September 2019
with Company Regi
stration No
.
CS201914803.
However, such registration merely grants juridical personalit
y 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.
In view thereof, the public is hereby advised to exercise caution in dealing with
any
individual or group of persons offering and selling securities for and on behalf of
BRIO DE
AGOHO CLUB RESORT INC./BRIO DE AGOHO
/AGOHO RESORT AND VILLAS INC.
.
The public
is further advised
NOT TO INVEST or
STOP INVESTING
in the securities being off
ered by the
subject entity or their representatives.
Further, those who invite or recruit others to join or invest in such venture or offer
securities to the public may occur criminal liability, or otherwise be sactioned or penalized
accordingly as held b
y the Supreme Court in the case of
Securities and Exchange Commission vs.
Oudine Santos
(G.R. No. 195542, 19 March 2014)
.
Should you have any information regarding the operation of
BRIO DE AGOHO CLUB.
o
r any securities
solicitation activity by any individual or group of individuals representing
BRIO DE AGOHO CLUB.
,
please send your
report to the Enforcement and Investrors Protection Department
at
[email protected]
For the guidance of the public.
Pasay City, 12 August 2021