The Philippine Star

SEC warns against new cryptocurr­ency

- – Lawrence Agcaoili

The Securities and Exchange Commission (SEC) is stepping up its campaign against crypto currency schemes after issuing an advisory on Cagayan de Oro-based Freedom Traders Club that offer Ploutos coins to the public.

The agency’s Enforcemen­t and Investor Protection Department (EIPD) said Freedom Traders through founder Mark Freeman held an event called the Ploutos Grand Launching at the Atrium Limketkai in Cagayan de Oro City last July 8 after conducting orientatio­n seminars throughout Visayas and Mindanao.

During the orientatio­n seminars, Freedom Traders claimed to be a forex trading or forex auto-trading club founded by Freeman who created a new system to invest in their trades called Ploutos coins.

The coin was reportedly first sold last Jan. 1 at $1 and the value of the coin has increased to $1.75.

The company informed the participan­ts that income is generated when the value of the coin increases and the price movement of Ploutos coins is similar to Bitcoin derived from demand and supply.

The corporate regulator said Freedom Traders is not registered as a corporatio­n or partnershi­p and is not authorized to solicit investment­s from the public.

The SEC added the company also did not secure prior registrati­on and/or license to solicit investment from the agency as prescribed under Section 8 of Republic Act 8799 or the Securities Regulation Code.

Last January, the agency’s EIPD issued an advisory on initial coin offerings (ICOs) stating that “some of these new crypto currencies or digital coins, based on the facts and circumstan­ces surroundin­g their issuance.

Given the circumstan­ces of the issuance of Ploutos coins, the SEC said it is considered as an investment contract under Section 3.1(b) of the law.

Under the SRC’s Amended Implementi­ng Rules and Regulation­s of 2015, specifical­ly Rule 26.3.5, par. 4, an investment contract has been defined as a contract, transactio­n or scheme (collective­ly “contract”), whereby a person invests his money in a common enterprise and is led to expect profits primarily from the efforts of others.

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