SEC Facebook

The Commission has received numerous reports and
inquiries
that
FMD
LOGISTICS TRUCKING CORPORATION
/ FMD LOGISTICS INTERNATIONAL
CORPORATION
headed by
JOHN
EDWARD O
BATAY
VICTORIO
, MARK ANTHONY
BALLESTEROS
and
RONEL JOVEN LAPIRA
is
engaged in investment
–
taking activities in
the Philippines which is
NOT AUTHORIZED
by the Commission.
FMD LOGISTICS TRUCKING CORPORATION
/ FMD LOGISTICS
INTERNATIONAL CORPORATION
is apparently offering a business opportunity where a
prospective investor will make an initial investment of P11,000.00 to P315,000.00 with a
promise of profit of up to 55% in just 6 months.
FMD LOGISTICS TRUCKING CORPORATION
/ FMD LOGISTICS
INTERNATION
AL CORPORATION
advertise their investment taking scheme through
their Facebook page where they offer four types or levels of initial investment. As each
level increases, the amount of initial investment as well as the promised profit also
increases.
To wit
:
Based on the foregoing, FMD LOGISTICS TRUCKING CORPORATION’s so
–
called
co
–
partnership program
is an investment contract because it involves the offering
and sale of securities to the public where their investors need not exert any effort other
than to invest or place money in its scheme in order to earn profit.
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 are prominent on FMD LOGISTICS TRUCKING
CORPORATION’s scheme.
Therefore,
FMD LOGISTICS TRUCKING CORPORATION
/ FMD LOGISTICS
INTERNATIONAL CORPORATION must
not only
be duly registered with the Commission
and that any person or entity inten
ding to offer and sell its investment contract are required
to secure the necessary registration and/or license from the Commission as well.
However, per our record,
FMD LOGISTICS TRUCKING CORPORATION
is
NOT
REGISTERED
with the Commission
as a corporatio
n,
while
FMD LOGISTICS INTERNATIONAL CORPORATION
is registered under
Company Registration No.
2021010005900
–
01
.
NONETHELESS, BOTH OF THEM O
PERATE
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)
.
Hence, the public is advised
NOT TO INVEST
or
STOP INVESTING
in any scheme
offered by
FMD LOGISTICS INTERNATIONAL CORPORATION
or such other entities engaged in
investment
–
taking
schemes such as co
–
partnership and co
–
ownership programs that are not registered with
the Commission.
The public is again reminded that investing in
such an unregulated entity lacks
investor protection because it is not covered by prudential and market conduct
requirements applicable to licensed and authorized operations.
Accordingly, the Commission warns all unscrupulous individuals and/or entities
t
hat
strict penalties are imposed for violations of the Securities Regulation Code,
the Revised Corporation Code, and such other rules and regulations enforced by
the Commission
.
Those who act as salesmen, brokers, dealers or agents of
such unauthorized
en
tities like the operators of the Facebook Page of
FMD LOGISTICS INTERNATIONAL CORPORATION
in selling or
convincing people to invest in their investment scheme offered including solicitations and
recruitment through the
internet may likewise be criminally prosecuted and penalized with
a maximum fine of Five Million pesos (P5,000,000.00) or a penalty of Twenty
–
one (21)
years of imprisonment or both pursuant to Sections 28 and 73 of the SRC.
In the same manner, those who invite or recruit others to join or invest in such
venture or offer investment contracts or securities to the public similar to the operators of
the
FMD LOGISTICS INTERNATIONAL CORPORATION
,
may incur
criminal
liability, or otherwise be
sanctioned or penalized accordingly as held by the Supreme Court in the case of
SEC vs.
Oudine Santos
(G.R. No. 195542, 19 March 2014).
Should you have any information regarding any investment solicitation ac
tivity by
any individual or group of individuals representing
FMD LOGISTICS INTERNATIONAL CORPORATION
please send
your report to the EIPD at epd@sec.gov.ph.
For the guidance of the public.
Pasay City,
02 September 20
21