Purpose of Associations
- To accumulate funds cooperatively.
- Extend credit to members exclusively for agricultural operations on reasonable terms.
- Encourage thrift, activity, and punctuality among members in meeting obligations.
Organization and Incorporation
- Associations must incorporate by public instrument under the Corporation Law.
- Only one association per municipality is allowed.
Permissible Business Operations
- Extend credit to members for:
- Securing title or registration of agricultural land and purchasing new land.
- Buying livestock, fertilizers, pest control, seeds, machinery exclusively for agriculture.
- Redemption of incumbrances on agricultural lands.
- Cultivation and improvement of agricultural lands.
- Expenses related to planting, harvesting, storage, and marketing.
- Loans collateralized by gathered products up to 50% fair market value.
- Construction and maintenance of irrigation or drainage works.
- Open credit accounts with interest.
- Purchase and sell agricultural inputs to members.
- Contract loans and receive deposits to increase capital.
Credit Requirements and Security
- Loans must be secured by promissory note and either personal, pignorative security, or mortgage.
- Personal security requires bond signed by at least two solvent persons in municipality.
- Pignorative security can include stock pledged (up to one-third of paid-up capital), crops, machinery, livestock, or other separable property (loan max 50% property value).
- Mortgages must be first liens on unincumbered real estate; loan limits:
- 50% market value for unregistered titles.
- 60% for registered titles.
- Borrowers must own at least one share and not be indebted on prior loans.
- Directors cannot vote or act as sureties on loans involving themselves or close relatives.
- Loans repayable in installments or full payment before due with interest discount.
- Interest rates capped at 10% per annum.
- Loans overdue by three months may be declared due immediately.
- Association may purchase mortgaged properties and must sell real estate within three years.
- Maximum loan duration is one year, extendable annually up to five years.
Deposits
- Associations may accept deposits payable on notice or fixed time.
- Deposits cannot exceed paid-up capital stock.
- Depositors have a prior right to association’s assets over other creditors.
- Married women and minors can deposit under their own names.
- Withdrawal of deposits on notice requires maximum 30 days’ notice.
- If funds are insufficient for withdrawal, no new loans or investments may be made from depositors’ funds.
- Officers violating this provision face penalties of imprisonment up to one year or fines up to one thousand pesos.
Capital Stock
- Fund sources: admission fees, share subscriptions, reserve fund, other lawful funds.
- Admission fees and conveyance fees accrue to general fund.
- Articles of incorporation fix capital and shares; minimum capital and dissolution on capital depletion may be provided.
- Shares have maximum par value of 5 pesos; one person may hold shares up to 500 pesos.
- Payment for shares made in full upon issuance.
- Shares are registered; transfer, mortgage, pledge require board approval.
- Delinquent shareholders may be fined.
- Reserve fund comprises at least 20% of net profits annually until it reaches 50% of paid-up capital.
- Reserve fund invested under Executive Secretary’s approval and used for covering deficits.
Membership
- By-laws set qualification, admission, expulsion, appeal, and withdrawal rules.
- Members must be honest, industrious residents of the municipality.
- One member, one vote regardless of share ownership.
- Withdrawal effective end of association year; refunds limited and paid in order of withdrawal applications.
- Outgoing members not entitled to reserve fund participation.
- Outgoing members liable for proportionate losses during membership.
Administration and Government
- Governance entrusted to board of directors (5 members) and stockholders’ general assembly.
- Directors must be members and hold shares which cannot be encumbered during tenure.
- Directors elected for two years with staggered renewal.
- Monthly meetings required; special meetings may be called.
- Board elects president and secretary-treasurer annually.
- Majority of directors form quorum; loans need affirmative votes of at least three directors.
- Directors removable by two-thirds stockholder vote.
- Directors jointly liable for illegal operations, except if protested.
- General assembly holds regular annual sessions and special meetings as needed.
By-laws
- Must be adopted within 30 days of organization.
- Include regulations on name, purpose, membership, directors, meetings, employees, inspections, funds, arbitration, and dissolution.
- Approved and amended by stockholders' assembly with Executive Secretary’s approval.
- Filed with Executive Bureau.
Financial Balances and Dividends
- Board prepares annual balance sheet and profit/loss report.
- Dividends paid only from net profits after deducting losses and bad debts.
- Bad debts defined as debts with unpaid interest over six months unless secured.
- Malicious misstatement of profits or unlawful dividend distribution punishable by fines up to 2,000 pesos and imprisonment up to two years.
Liquidation and Dissolution
- Associations may dissolve on:
- Expiry of incorporation period.
- Two-thirds stockholder vote.
- Court order for fraudulent or injurious activities.
- Bankruptcy or insolvency.
- Board usually handles liquidation; court may appoint liquidators if necessary.
- Liquidation period limited to one year.
Exemptions and Privileges
- Associations with net assets not exceeding 10,000 pesos enjoy exemptions:
- Free from registration fees for incorporation documents.
- Exempt from certain internal revenue taxes.
- Depositors and lenders exempt from taxes on deposits or loans.
- Exempt from court fees for actions under this Act.
- Registration of securities for loans exempt from mortgage and chattel mortgage fees.
- Credit claims have collection preference except registered mortgages and taxes within two years.
- Loans/deposits up to 200 pesos immune from attachment except in criminal cases.
- May deposit funds free of charge in municipal or provincial treasurer safes.
- Privilege to deposit in postal savings banks without amount limits.
- May receive loans or deposits from government or similar institutions up to half of paid-up capital.
Government Supervision
- Executive Secretary acts as legal adviser and supervisor.
- Approves by-laws, issues operational rules.
- Semi-annual audits ensure compliance.
- Can order corrections and call special stockholder meetings for director removal.
Books and Records
- Must maintain detailed records of meetings and transactions.
- Maintain member registers with articles of incorporation and by-laws translated into local dialect.
- Member records include names, shares, payments, admission signatures.
- Books open to member inspection during office hours.
Applicability of Corporation Law
- Corporation Law applies except as modified by this Act.
Repeal
- All inconsistent Acts or provisions are repealed.