QuestionsQuestions (CDA MEMORANDUM CIRCULAR NO. 2011-20)
It provides guidelines on the registration of amendments to the Articles of Cooperation and By-laws by substitution, to conform cooperatives previously registered under old laws to RA 9520 and its implementing rules. It applies to all types/categories of cooperatives except those applying for transformation from single to multipurpose.
It is the operative act of granting validity and effectivity to the modification of the Articles of Cooperation and By-laws, evidenced by the Certificate of Registration issued by the CDA.
It refers to substantial changes for legitimate purposes in any provision of the Articles of Cooperation and By-laws to conform with the requirements under RA 9520, using the CDA template.
It serves as conclusive evidence of the registered amendment unless it is proved that the registration has been cancelled or further amended.
The amendment must use the template prepared by the Authority, though the proponent may incorporate relevant, peculiar, and pertinent provisions from the old registered Articles/By-laws, subject to approval and voting by the required vote of members.
The General Assembly resolution must be approved by at least two-thirds (2/3) vote of all members with voting rights.
A duly notarized Secretary Certificate, attested by at least majority of the BOD, stating that the resolution was approved by the required vote of members with voting rights.
Three (3) copies of the amended Articles of Cooperation and/or By-laws.
It is required in case of increase in capital.
A Letter/Certificate of Authority, if applicable, and payment of the registration fee in accordance with the schedule under MC No. 2004-07 (July 16, 2004).
In the Central or concerned Extension Office of the CDA that has jurisdiction over the cooperative’s registration and supervision.
The CDA evaluates the amendments with due regard to the Code (RA 9520) and other relevant laws, and may hold a clarificatory conference with the applicant before deciding.
The introductory part of the original Articles; names of the original incorporators/cooperators; name of the cooperating/incorporating directors; and capitalization unless there is an increase or decrease.
Upon issuance by the CDA of the appropriate Certificate of Registration of the amendment.
It has a suppletory clause: it applies suppletorily to the provisions under MC 2009-02 dated July 7, 2009.
The guidelines take effect fifteen (15) days after approval by the Board of Administrators and submission of a copy to the Office of the National Administrative Register (ONAR).
Cooperatives applying for transformation from single to multipurpose are excluded.