Law Summary
I. Overview of the Circular
- This document serves as an addendum to Memorandum Circular No. 2011-17, which outlines the policies and guidelines for the establishment of cooperative branches.
- The addendum specifically amends Section 16 to include transitory provisions for cooperatives with existing branches.
II. Transitory Provisions (Section 16)
Legal Principle: Establishes a framework for compliance by cooperatives that had already established branches prior to the issuance of the original Memorandum Circular.
Key Definitions:
- Cooperatives: Entities defined under cooperative laws that have established branches before the effectivity of this circular.
Important Requirements:
- Cooperatives must submit a Statement of Management Responsibility.
- This statement must be signed by both the Chairman and General Manager.
- It must clearly indicate the cooperative's intent to comply with the prescribed requirements set forth in the circular.
- Cooperatives must submit a Statement of Management Responsibility.
Timeframes:
- A compliance period of six (6) months is provided from the effectivity of the addendum for the cooperatives to meet the requirements.
III. Effectivity of the Circular (Section 77)
Legal Principle: Specifies the commencement of the circular's enforceability.
Important Details:
- The circular shall take effect fifteen (15) days following:
- Approval by the Board of Administrators.
- Filing of a copy with the Office of the National Administrative Register (ONAR).
- The circular shall take effect fifteen (15) days following:
Approval Reference:
- This circular is approved pursuant to BOA Resolution 217, s-2011, dated June 23, 2011.
IV. Signatory
- The circular is adopted and signed by EMMANUEL M. SANTIAGUEL, PH.D., in the capacity of Chairman.
Key Takeaways
- The addendum introduces a six-month compliance period for cooperatives with existing branches to align with new requirements.
- A formal statement of intent from the cooperative's leadership is necessary for compliance.
- The circular's provisions come into effect fifteen days post-approval, ensuring a clear timeline for implementation.