Daily Tribune (Philippines)

MFT demands SEC lifts freeze order

How can the SEC resurrect and even make permanent a long-dead CDO? To do so would be highly anomalous and oppressive to MFT

- BY MARIA ROMERO @tribunephl_mbr

The MFT Group has petitioned the Securities and Exchange Commission to rescind a cease and desist order related to loan transactio­ns done by shareholde­rs of its limited partner.

MFT is an equity firm that focuses on healthcare, financial services, food & beverage, and real estate sector.

“How can the SEC resurrect and even make permanent a long-dead CDO? To do so would be highly anomalous and oppressive to MFT,” Estrella

Elamparo, MFT Group’s spokespers­on, said on Monday.

MFT Group filed an omnibus motion with the SEC on 8 March, citing the EIPD’s failure to file its comment on time and the SEC En Banc’s failure to resolve the motion within the mandatory 10-day rule.

The SEC issued a CDO on 16 January, accusing MFT Group of selling unregister­ed securities.

MFT filed a Motion to Lift the CDO on 23 January and withdrew it on 8 February.

The EIPD filed its opposition to lifting the CDO on 29 February, 16 days past the deadline, without providing any justificat­ion.

Since the automatic lifting of the CDO has already occurred, there is nothing more to make permanent, according to MFT Group.

Banks frozen

Part of what the CDO restrains is any transactio­n in the bank accounts of the parties concerned, including their personal bank accounts.

“Perhaps it should be made clear that with each day that the bank accounts are frozen with no authority, the various businesses of the MFT Group are severely crippled, and individual creditors and employees cannot get paid,” Elamparo contended.

During a recent Court of Appeals hearing where the SEC was summoned, it was revealed that the SEC had no authority to freeze bank accounts.

The SEC representa­tive acknowledg­ed that the CDO only pertains to MFT and the other respondent­s, but not the banks.

However, in a separate order, the SEC clarified that the CDO is not only addressed to the respondent­s but also to the public, including banks.

The DAILY TRIBUNE reached out to the SEC for clarificat­ion but did not receive any response as of press time.

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