0 ratings0% found this document useful (0 votes) 204 views16 pagesChapter 1
Cooperative Law by Domingo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content,
claim it here.
Available Formats
Download as PDF or read online on Scribd
CHAPTER 1 - GENERAL CONCEPTS AND PRINCIPLES
Documentary Requirements :
‘Aleter request for authority to establish a cooperative branch shay
be signed by the Chairman of the cooperative or General Manager a1
authorized by the Board and shall be accompanied by the following
information/documents:
1. Business plan;
Business Plan :
It refers to a business study showing the marketability of
roducts/services, and also the financial, technical, legal and organizationa|
aspects of the proposed business establishment. It shall also include financia)
projections for the first three years of operations showing sustained viabiliy,
In the preparation of the business plan, due consideration shall be given to
allocation of resources to the proposed branch.
2. General assembly resolution authorizing the establishment of the branch
and commitment of investment or allocation of resources in its operation,
3. Certification signed by the Chairman/General Manager of the following
a. Presence of Manual of Operations for Branch;
Manual of Operation
It refers to a document showing the compilation of detailed
policies and procedures in the operation of the cooperative,
b. Address of the proposed branch; and
¢. Audited Financial Statement for the last 3 years,
Processing fee
The processing fee for the issuance of Certificate of Authority for each
branch shall be as follows:
[Php 2,000.00.
Php 3,000.00.
Certificate of Authority
The official document issued by the Authority authorizing the
¢stablishment and operation of a cooperative branch,
518CHAPTER 1 - GENERAL CONCEPTS AND PRINCIPLES
Note:
A Certificate of Authorit is i
sordivanch heh nates ity shall be issued by CDA to cooperatives applying
fe with the documentary requirements and processing
Relocation/Transfer of Branch of Cooperatives
Cooperatives may be allowed by the CD,
subject tothe following cota atowed by the CDA to relocate /transter branch
1, Notice to CDA of relocation/transfer of
Se betel ean of branch at least three (3) months
2. Posting of notice of relocation /transfer in conspi
ic picuous place where the
branch office is located at least three (3) months prior to scheduled
relocation/transfer;
Compliance to pre-qualification number 1; and
4. Payment of processing fee amounting to Php 500.00 for the issuance of
new Certificate of Authority upon surrender and cancellation of the old
certificate.
Transfer of Office
I refers to the relocation of the office address of cooperative branch
within the same municipality/city.
Note:
The Extension Office (EO) of the CDA where the branch office is located is
authorized to conduct annual inspection (Branch Office Inspection) to validate the
conditions of branch office operations.
Inspection Report
Itrefers to the documents where the findings/observations, actions and
recommendations of the CDA authorized person who conducted the inspection
are summarized and presented.
Administrative Regulations
1. All cooperatives intending to put up a branch and cooperatives with
existing branch office should be established within the area of operation
ofthe cooperative. For cooperatives intending to branch outside the area
of operation, approval of the articles of cooperation expanding the area
of operation shall be secured;
2. Nobranch should be established within a 500-meter radius of the nearest
cooperative engaged in the same line of business as the proposed branch;
‘The branch office shall have a separate Book of Accounts;
4. Minimum of three (3) personnel to man the office such as but not limited
to manager, bookkeeper, and cashier;
Adherence to the manual of operation at all times;
Issuance of official receipt in the financial transactions of the branch;
519
anCHAPTER 1 - GENERAL CONCEPTS AND PRINCIPLES
7. Imprest system of handling cash shall be complied with at all times;
8 Allbranch offices should secure a Barangay and Mayor's Permit;
9. Compliance to other regulations as may be determined by othe;
government agencies including the Authority; —
10, Submission of operational reports to the principal/head office such ag
financial statements, cash flows, and other relevant reports required by
the main office and the Authority; and
11. Same report as mentioned in number 10 be submitted to the cpa
Extension Office where the branch is located.
Voluntary Closure of Cooperative Branch
Voluntary closure of cooperative branch shall be allowed, provided,
that the following procedures are complied with:
1. Adocument, duly signed by a Branch Manager noted by the Chairman of
the Cooperative, ofits intention to close a branch office shall be submitted
to the Authority atleast three (3) months prior to the closure;
2. Sending of Notice/Posting of Notice of Closure in conspicuous place of the
branch office shall be made in order to inform members and creditors of
the branch office to be closed at least three (3) months prior to the
closure;
3. Upon submission of the report on the completion of Par. 1 and 2, the
Authority shall automatically issue an Order of Closure to the concerned
cooperative branch office. This also cancels the Certificate of Authority
issued.
SATELLITE OFFICE
It refers to an office established by a cooperative outside of its
principal/main office but within its area of operation to provide limited services
to its members but which does not however maintain books of accounts as itis
done only by the principal/main office. The term satellite office shall include an
extension office, a sub- office or other terms of similar import.
Documentary Requirements
The application for a Letter of Authority to establish a cooperative
satellite office shall be accompanied by the following documents:
a. Certificate of Compliance for the preceding year;
b. Oath of Undertaking signed by the Chairperson of the cooperative for the
specific services/activities to be undertaken by the Proposed satellite office:
¢. Certification as to available space and manpower to. manage the office; and
4. Official Receipt showing payment of the processing fee
«Mc 2016-05
520CHAPTER 1 - GENERAL CONCEPTS AND PRINCIPLES
Letter of Authority
It refers to the official document issu
led by the Authorit izi
the establishment and operation of a cooperative 0 t ince authorizing
processing Fee
The processing fee for the issuance of
cooperative saallta fice shall best rane ea Aetna for each
Fee [Category
[Php 500.00 [Primary
lPhp 1,000.00 econdai
Php 2000.00 ——festass-
Services /Activities Allowed in a Cooperative Satellite Office
The cooperative satellite office shall render services and conduct
business activities, which shall not be limited to the following
1, Recruitment of members;
2. Acceptance of applications for membership;
3. Acceptance of loan applications;
4 Collection and acceptance of payments for share capital contributions,
loans, and/or utility bills in the case of electric and water service
cooperatives;
5. Release of loans, patronage refund, and interest on capital.
‘All applications for membership, loans and other business
transactions accepted in the satellite office shall be endorsed to the
principal/main office for appropriate action. In no case shall the satellite
office exercise discretion on such matters.
Conditions for Cooperative Satellite Office Operations
The following shall be the conditions that must be observed in
operating a cooperative satellite office:
1. Presence of a signage as a cooperative satellite office;
2. List of specific transactions that may only’ be undertaken as approved by
the cooperative’s Board of Directors;
. Presence of Operational Structure;
. Submission of summary reports to the head office;
5. Presence of a Barangay Permit and a Mayor's Permit that should be
posted in the office at all times;
6. Maintenance of Accountable Forms ;
(eg, Cash Acknowledgement/Provisional/ Official Receipt, vouchers, etc):
7. Maintenance of record of daily transactions to be submitted to the
principal/main office;
8. Official Receipts showing
re
payments of processing fees;
521CHAPTER 1 - GENERAL CONCEPTS AND PRINCIPLES
9, Availabilty of appropriate logistics (eg. personnel complete compute,
"tables, chairs, cash register, cash vault an box, irene nade ban
oe oat imum number of personnel as determined by hq
* erieipal ain ofe toffectively discharge the functions of the satel,
ffice; cus
11, Turnover or deposit ofall collections within the day to the account ofthe
principal/main office or imprest system of handling cash; and
12. Other conditions as may be determined by the Authority.
Relocation/Transfer of Cooperative Satellite Office Cooperatives may
be allowed to relocate/transfer their satellite offices subject to the
following conditions:
1. Notice to the Authority of such relocation/transfer of satellite office at
least three (3) months before the actual transfer;
2. Posting of notice of relocation /transfer in a conspicuous place where the
satellite office is located at least three (3) months prior to the scheduled
date of relocation /transfer; and
3. Payment of processing fee amounting to Php 500.00 for the issuance of
new Letter of Authority upon surrender and cancellation of the old Letter
of Authority.
Voluntary Closure of a Cooperative Satellite Office
Voluntary closure of cooperative satellite office shall be allowed,
provided, that the following procedures are complied with:
1, Submission of a Letter of Intention to close a satellite office at least three
(3) months prior to the closure;
2. Sending of Notice/Posting of Notice of Closure in a conspicuous place of
the satellite office in order to inform members and/or creditors of the
satellite office of such closure at least three (3) months prior to the
closure; and
3. After compliance with the first two (2) procedures, the Authority shal
issue an Order of Closure of the cooperative satellite office to the
concerned cooperative. i i
eter ope atv Cancelaton of the Letter of Authority shall
failure to comply with the above procedures shall bar th
cooperative from establishing anoth, i :
be its
pi pila ig T satellite office anywhere within
What is a Cooperative?
isan autonomous and duly regi ciation
ly registered asso
together to achig oman bond of interest, who have voluntarily jolt!
aspirations by malon en ooh economic, and cultural needs a
'Y making equitable contributions to the capital required:
522CHAPTER 1 - GENERAL CONCEPTs AND PRINCIPLES
atronizing their products and services ai
ind accept i
risks and benefits of the undertaking in ante aneea
accepted cooperative principles, e universally
Cooperative Principles
v Brery conperatiye shall conduct its affairs in accordance with
Filipino » Good values and experience and the universally
ted principles of i ich it
a etig: ples of cooperation which include, but are not limited to,
1, Voluntary and Open Membership
Cooperatives are volunta zat
ry organizations, open to all
persons able to use their services and willing to accept the
responsibilities of membership, without gender, social, racial,
cultural, political or religious discrimination.
2. Democratic Member Control
Cooperatives are democratic organizations that are
controlled by their members who actively participate in setting
their policies and making decisions, Men and women serving as
elected representatives, directors or officers are accountable to
the membership. In primary cooperatives, members have equal
voting rights of one-member, one-vote. Cooperatives at other
levels are organized in the same democratic manner.
3. Member Economic Participation
Members contribute equitably to, and democratically
control, the capital of their cooperatives. At least part of that
capital is the common property of the cooperative. They shall
receive limited compensation or limited interest, if any, on
capital subscribed and paid as a condition of membership.
Members allocate surpluses for any or all of the following
purposes: developing the cooperative by setting up reserves,
part of which should at least be indivisible; benefitting members
in proportion to their patronage of the cooperative's business;
and, supporting other activities approved by the membership.
4. Autonomy and Independence
Cooperatives are autonomous, self-help organizations
controlled by their members. If they enter into agreements with
other organizations, including government, or raise capital from
external sources, they shall do so on terms that ensure
5am 3, Roc
523CHAPTER 1 - GENERAL CONCEPTS AND PRINCIPLES
democratic control of their members and maintain their
cooperative autonomy.
5S. Education, Trainingand Information -
‘Cooperatives shall provide education and training for
their members, elected and appointed representatives,
managers, and employees, so that they can contribute
effectively and efficiently to the development of their
cooperatives.
6. Cooperation Among Cooperatives
Cooperatives serve their members most effectively and
strengthen the cooperative movement by working together
through local, national, regional and international structures.
7. Concern for Community
Cooperatives work for the sustainable development of
their communities through policies approved by their
members.
Definition of Terms
1.
N
Member
It includes a person either natural or juridical who adhering to
the principles set forth in the Philippine Cooperative Code and in the
Articles of Cooperative, has been admitted by the cooperative as
member.
General Assembly
It means the full membership of the cooperative duly assembled
for the purpose of exercising all the rights and performing all the
obligations pertaining to cooperatives, as provided by the
Philippine Cooperative Code, its articles of cooperation and bylaws:
Provided, That for cooperatives with numerous and dispersed
membership, the general assembly may be composed of delegates
sleciee by ee or district of the cooperative in
accordance e rules and
Development Authority. Fepulaitonsxot; the) Cooperative
. Board of Directors
It means the body entrusted with the ma i
rn jem
of the cooperative under its articles of, eoiperaiicandustawss
Art 4, PCC
524CHAPTER 1 - GENERAL CONCEPTS AND PRINCIPLES
4, Committee
It refers to anybody entrusted with speci
efers specific functions and
responsibilities under the bylaws or resolution of the general
assembly or the board of directors,
f
;._ Articles of Cooperation
_It means the articles of cooperation registered under the
Philippine Cooperative Code and includes a registered amendment
ereof.
6. Bylaws
It means the bylaws registered under the Philippine
Cooperative Code and includes any registered amendment thereof.
7. Registration
It means the operative act granting juridical personality to a
proposed cooperative and is evidenced by a certificate of
registration.
8. Cooperative Development Authority (CDA)
It refers to the government agency in charge of the registration
and regulation of cooperatives.
9. Universally Accepted Principles
It means that body of cooperative principles adhered to
worldwide by cooperatives.
10. Representative Assembly
It means the full membership of a body of representatives
elected by each of the sectors, chapter or district of the cooperative
duly assembled for the purpose of exercising such powers lawfully
delegated unto them by the general assembly in accordance with its
bylaws.
11, Officers of the Cooperative
It includes the members of the board of directors, members of
the different committee created by the general assembly, general
manager or chief executive officer, secretary, treasurer and
members holding other positions as may be provided for in their
bylaws.
525CIPLES
CHAPTER 1 - GENERAL CONCEPTS ‘AND PRIN
note Section 10 of Rule !- Representative Assembly of he Fs re pegulations
Implementing Certain Provisions aia ac daring the Genera fe a
9520) provides that “each sector, char 5
ineediganrertay the adoption fh a teh its Loca
Election Conimittee that will conduct the efecton 0! $500" 1 OF distri
Representative Delegate xxx.”
Inrelation tothe above, the members ofthe Local Election Committee shay
be termed as “Election Deputies’. Being such, they shall not be considered as
Officers of the Cooperative within the meaning of Art. 5 (11) of RA. 9520.7
12. Social Audit
It is a procedure wherein the cooperative ei its social
i veal performance vis-i-vis its stated mission, vision,
eric ibility for cooperatives to be
goals and code of social responsibility for ©
a tablished by the Authority in consultation with the cooperative
sector. It enables the cooperative to develop a process whereby it
can account for its social performance and evaluate its impact in the
community and be accountable for its decisions and actions to its
regular members.
13. Performance Audit
It refers to an audit on the efficiency and effectiveness of the
cooperative as a whole; ts management and officers; and its various
responsibility centers as basis for improving individual team or
overall performance and for objectively informing the general
membership on such performance.
14. A Single-Line or Single-Purpose Cooperative
It includes cooperative undertaking activities which are related
to its main line of business or purpose.
15. Service Cooperatives
These are those which provide any
h y type of service to its
members, including but not limited to, aes information and
communication, insurance, housing, electric, health services,
education, banking, and savings and credit,
PMc 2011-12
526CHAPTER 1 - GENERAL CONCEPTS AND PRINCIPLES
16. Subsidiary Cooperative
It refers to any organization all or majority of whose
membership or shareholders come from a cooperative, organized
for any other purpose different from that of, and receives technical,
managerial and financial assistance from, a cooperative, in
accordance with the rules and regulations of the Authority.
17. Federation of Cooperatives
Itrefers to three or more primary cooperatives, doing the same
line of business, organized at the municipal, provincial, city, special
metropolitan subdivision, or economic zones created by law,
registered with the Authority to undertake business activities in
support of its member-cooperatives.®
tans,
mea ren 527[PLES
CHAPTER I - GENERAL CONCEPTS AND PRINCI
RT 1 ‘
ire eee cooperates can set-up cooperative branch office and
a i ite office.
cooperative satellite of sccettattinto yudesTe ie
e the prival rata
I, The State shall encourage te PT tives and shall create
ition and organizati
cooperatives.
a. Onlylis true
b. Only lis true
c. Bothare true
d. Bothare false
2. It refers to a business office outside the principal office where
cooperative activities and business operation are undertaken as per
approved cooperative development plan.
a. Branch office
b. Head office
Franchise office
d. cooperative store
3. It refers to the registered head office as indicated in the articles of
cooperation and bylaws of the cooperative where the business and
cooperative activities are conducted and central records and main books
of accounts are kept.
a. Main office
b. Sub office
©. Franchise office
d. cooperative store
4. Itrefers to equity inclusive of member's equity, donations, grants and
reserve funds less unbooked allowance for probable losses on loans,
accounts receivable, investment and non-performing assets, and other
capital adjustments as may be required by CDA.
a. Capital
b. Liabilities
c. Net Worth
4. Stockholders’ Equity
5. It refers to a business stud ily
| ly showing the marketability ©
products/servies) and also the financial, technical, legal and
rganizational aspects of the proposed business establishment.
a. Feasibility Study
b. Business Plan
© Marketing strategy
4. Financial Plan
528CHAPTER I - GENERAL CONCEPTS AND PRINCIPLES
10.
Itrefers to a document sh
procedures in the operati ‘owing the compilation of detailed policies and
erin in ion of the cooperative.
b. Handbook
Bylaws
d. Manual of operation
The official document issued by be
y the Authority authorizing the
establishment and operation ofa cooperative bran, °
a. Articles of cooperation :
b. Bylaws
© Rules, regulation and discipline
4. Certificate of Authority
It refers to an office established by a cooperative outside of its
principal/main office but within its area of operation to provide limited
services to its members but which does not however maintain books of
accounts as it is done only by the principal/main office.
a. Satellite office
b. Main Office
c. Principal office
d. Head office
Itis an autonomous and duly registered association of persons, with a
common bond of interest, who have voluntarily joined together to
achieve their social, economic, and cultural needs and aspirations by
making equitable contributions to the capital required, patronizing their
products and services and accepting a fair share of the risks and benefits
of the undertaking in accordance with universally accepted cooperative
principles.
a. Partnership
b. Corporation
. Cooperative
d. Sole Proprietorship
1. Every cooperative shall conduct its affairs in accordance with Filipino
culture, good values and experience and the universally accepted
principles of cooperation. : ;
Il. The Government and all its branches, subdivisions, instrumentalities
and agencies shall ensure the provision of technical guidance, financial
assistance and other services to enable said cooperatives to develop into
viable and responsive economic enterprises and thereby bring about a
strong cooperative movement that is free from any conditions that might
infringe upon the autonomy or organizational integrity of cooperatives.
a. Only[istrue
b. Only Ilis true
¢. Bothare true
529CHAPTER I - GENERAL CONCEPTS
11.
2s
13.
14,
15.
16.
AND PRINCIPLES
d. Both are false
hhich enunciates that members contribute
Itis a cooperative principle w! trol, the capital of their
equitably to, and democratically co
cooperatives.
a, Voluntary and open membership
b, Member economic participation
c. Democratic member control
4. Autonomy and independence
which enunciates that cooperatives serve
strengthen the cooperative
h local, national, regional and
It is a cooperative principle
their members most effectively and
movement by working together throug!
international structures.
a. Cooperation among cooperatives
b. Concern for community
¢. Education, training and information
. Autonomy and independence
It is a cooperative principle which enunciates that cooperatives are
voluntary organizations, open to all persons able to use their services
and willing to accept the responsibilities of membership, without
gender, social, racial, cultural, political or religious discrimination.
a. Voluntary and open membership
b. Member economic participation
c. Democratic member control
d. Concern for Community
It is a cooperative principle which enunciates that cooperatives are
democratic organizations that are controlled by their members who
actively participate in setting their policies and making decisions.
a. Concern for the community
b. Democratic member control
¢. Education, training and information
d. Autonomy and independence
It is a cooperative principle which enunciates that cooperatives are
autonomous, self-help organizations
contre i
a. Concern for the community ar mad
b. Cooperation among cooperatives
©. Voluntary and open membership
4d. Autonomy and independence
Iti fee penal .
poodle hens Principle which enunciates that cooperatives shall
appointed representatives, poeago,helt_ members, elected and
ves, managers, and employees, so that they ca”
530CHAPTER I - GENERAL CONCEPTS AND PRINCIPLES
17.
18.
19.
20.
21.
contribute effectively and efficie
cooperatives.
a. Cooperation among cooperatives
b, Democratic member control
¢. Education, training and information
4. Voluntary and open membership
ntly to the development of their
Itisa cooperative principle which enunciates that cooperatives work for
the sustainable development of their communities through policies
approved by their members,
a. Concern for the community
b. Cooperation among cooperatives
Voluntary and open membership
d. Member economic participation
Itmeans the full membership of the cooperative duly assembled for the
purpose of exercising all the rights and performing all the obligations
pertaining to cooperatives.
a. Stockholders
b. Members
¢. General assembly
d. Shareholders
It refers to anybody entrusted with specific functions and
responsibilities under the bylaws or resolution of the general assembly
or the board of directors.
a. Board of Directors
b. Committee
Board of Trustees
d. Stockholders
It means the operative act granting juridical personality to a proposed
cooperative and is evidenced by a certificate of registration,
a. Authority
b. Incorporation
License
d. Registration
It includes a person either natural or juridical who adhering to the
principles set forth in the Philippine Cooperative Code and in the Articles
of Cooperative, has been admitted by the cooperative as member.
a. Trustee
b. Member
. Director
d. Officer
531CHAPTER I~ GENERAL CONCEPTS AND PRINCIPLES
22.
23.
24,
25.
26.
27.
with the management of the affairs of the
itrusted
a dei f cooperation and bylaws.
cooperative under its articles of
a. Board of Trustees
b. Committee
Officers
4. Board of Directors
It refers to the government agency in charge of the registration and
regulation of cooperatives.
a. Cooperative Development Authority
b. Securities and Exchange Commission
c. Department of Trade and Industry
4. Intellectual Property Office
It means the full membership of a body of representatives elected by
each of the sectors, chapter or district of the cooperative duly assembled
for the purpose of exercising such powers lawfully delegated unto them
by the general assembly in accordance with its bylaws.
a. Committee
b. General assembly
c._ Representative assembly
d. Satellite
It includes the members of the board of directors, members of the
different committee created by the general assembly, general manager
or chief executive officer, secretary, treasurer and members holding
other positions as may be provided for in their bylaws.
a. Officers of the cooperative
b. stockholders of the cooperative
c._ members of the cooperative
4. consultants of the cooperative
It refers to three or more primary cooperatives, doing the same line of
business, organized at the municipal, provincial, city, special
metropolitan subdivision, or economic zones created by law, registered
with the CDA to undertake business activities in support of its member
cooperatives.
a. Representative assembly
b. Federation of cooperatives
Subsidiary cooperative
d. Multi-purpose cooperative
It refers to any organization all or majority of whose membership oF
shareholders come from a cooperative, organized for any other purpose
different from that of, and receives technical, managerial and financial
assistance from, a cooperative,
a. Principal cooperative
532CHAPTER I - GENERAL CONCEPTS AND PRINCIPLES
28.
29.
30,
31.
b. Branch cooperative
c. Satellite cooperative
d. Subsidiary cooperative
‘These are those which provide any type of service to its members,
including but not limited to, transport, information and communication,
insurance, housing, electric, health services, education, banking, and
savings and credit. 7
a. Credit cooperative
b. Transport cooperative
«. Electric cooperative
d. Service cooperative
It includes cooperative undertaking activities which are related to its
main line of business or purpose.
Multi-purpose cooperative
b. Single-Line or Single-Purpose cooperative
c. Subsidiary cooperative
d._ Principal cooperative
Itrefers to an audit on the efficiency and effectiveness of the cooperative
as a whole; its management and officers; and its various responsibility
centers
a. Financial audit
b. Social audit
c. Performance audit
d. Quality Management audit
Itis a procedure wherein the cooperative assesses its social impact and
ethical performance vis-a-vis its stated mission, vision, goals and code of
social responsibility for cooperatives to be established by the CDA in
consultation with the cooperative sector.
a. Financial audit
b. Social audit
. Performance audit
d. Quality Management audit
533