Title
CDA MEMORANDUM CIRCULAR NO. 2011-21
Date
Jul 11, 2011
Cooperatives that established branches before the new guidelines must comply with updated requirements within six months, as outlined in the amended provisions of the 2011 Memorandum Circular.
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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.
  • 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).
  • 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.

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