sec_cdo PESOSUKI, IncPESOSUKI, Inc 2025-08-15

PESOSUKI, Inc

Exchange Commission Securities and HLLIPPJNE

BAGONG PILIPINAS

FINANCING AND LENDING COMPANIES DEPARTMENT

IN THE MATTER OF: PESOSUKI Respondent. FLCD CDO Case No._ FOR: VIOLATION OF SEC MEMORANDUM MEMORANDUM CIRCULAR NO. 10, SERIES OF 2021.AND FINANCIALPRODUCTS AND Series of 2025. CIRCULAR NO. 19, SERIES OF2019

SERVICES CONSUMER PROTECTION ACT

CEASEANDDESISTORDER

Platform ("OLP") named PESOSUKI (the "Respondent"). ("Commission" or "SEc") concerning the alleged operation of an unrecorded Online Lending This refers to the information received by the Securities and Exchange Commission

ANTECEDENTS

disclosure was filed in accordance with Memorandum Circular No. 19, Series of 2019 ("MC 19") which requires the reporting of any OLPs. A review of the Respondent's records on file with the Commission reveals that no

Respondent has been operating the OLP without proper disclosure, in violation of the following: Additionally, verified information received by the Commission confirms that the

MC 19 -- Disclosure Requirements on Advertisements and Reporting of Online Lending Platforms;

Memorandum Circular No. 10, Series of 2021 ("MC 10") Moratorium on the Registration of New Online Lending Platforms;

Products and Services Consumer Protection Act ("FCPA"). Republic Act No. 11765, otherwise known as the Financial

ISSUE

Whether a Cease and Desist Order (CDO) should be issued against the Respondent for its violations of MC 19,MC 10, and the FCPA?

RULING

Order against the Respondent is warranted and necessary. After due consideration, the Commission finds that the issuance of a Cease and Desist

of the above-cited regulations. By operating an unregistered and undisclosed online lending The Respondent's failure to disclose the operation of its OLP constitutes a clear violation

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Page 2 of 3 RE: Cease and Desist Order PESOSUKI

including: platform, the Respondent effectively circumvents the Commission's regulatory and supervisory authority.Consequently, the general public particularly borrowers are exposed to potential risks,

Abusive and unfair debt collection practices;

Unjust interest rates;

Violation of data privacy rights.

the FCPA or its Implementing Rules and Regulations (IRR), or may unjustly cause grave or irreparable injury to financial consumers. No.5, Series of 2023, the Commission is empowered to issue a CD0 without the necessity of a prior hearing if, in its judgment, the act or practice, unless restrained, constitutes fraud, violates Pursuant to Section 6(d)(4) of the FCPA, as implemented by SEC Memorandum Circular

"RULE 6

Powers of the SEC

Section 1. Powers of the Commission - The Commission shall, FCPA, its IRR, and other applicable laws. FCPA, have the authority to impose enforcement actions in the implementation of these Rules and the provisions of the against financial service providers for noncompliance with the

Such enforcement actions may include:

restrained, amounts to fraud or a violation of the FCPA and/or Commission's website." (Emphasis supplied) the Commission's judgment, the act or practice, unless the SEC FCPA IRR, or may unjustly cause grave or irreparable injury or prejudice to financial consumers. A CDO is "Issuance of a cease and desist order ('CDO') to a financial service provider without the necessity of a prior hearing if, in immediately executory upon service or publication on the

prejudice to the public, and to safeguard the integrity of the regulatory framework governing lending companies. finds it necessary to issue this Cease and Desist Order in order to prevent further harm or In light of the Respondent's continued unauthorized operation of its OLP, the Commission

promoters, representatives, agents, and any and all persons claiming or acting on its behalf, are hereby DIRECTED TO IMMEDIATELY CEASE AND DESIST from engaging in, conducting, promoting, or facilitating any lending-related activities or through any similar or related platforms or applications, whether online or offline, without the necessary registration and approval from the Commission. WHEREFORE, premises considered, PESOSUKI including its owners, operators,

V

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PESOSUKI Page 3 of 3 RE: Cease and Desist Order C -y

In view thereof, the public is hereby strongly advised NOT to transact with PESOSUKI.

publication on the Commission's official website. Let this Order be served immediately and be deemed executory upon service or

SO ORDERED. I August 20 25, Makati City.

FILBERT CATALINO F.FLORES III,MNSA,CESO IV Director

ie

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