Title
Clarification on Member's Right to Examine Records
Law
Cda Memorandum Circular No. 2013-06
Decision Date
Feb 7, 2013
A Philippine law clarifying the rights of cooperative members to examine certain records and documents, including the right to request copies of excerpts, with penalties for officers who refuse access and limitations on the scope of examination.
A

Required Records Accessible to Members Under Article 52

  • Cooperatives must keep and make accessible during reasonable office hours the following:
    • Copy of the Cooperative Code (RA 9520) and related laws
    • Copy of regulations issued by the Cooperative Development Authority (CDA)
    • Cooperative articles of cooperation and bylaws
    • Register of members
    • Minutes of general assembly, board, and committee meetings
    • Share books, if applicable
    • Financial statements
    • Other documents required by law or bylaws

Limitations on the Right to Examine

  • Examination rights are strictly limited to the enumerated documents in Article 52.
  • Examination does not extend to subsidiary ledgers.
  • Records of other members, natural or juridical, cannot be examined beyond their own personal records.

Legal Effects and Enforcement

  • Refusal to allow examination and copying attracts liability for damages.
  • Criminal sanctions under Article 140 of the Code impose penalties on non-compliant officers or directors.
  • Proper exercise of the right requires good faith and legitimate purpose; abuses may negate member claims.

Additional Provisions

  • The clarificatory policy is approved by the CDA Board, providing guidance for interpretation and enforcement of these rights and limitations.
  • The policy emphasizes member rights balanced with protection of confidential information of other members.

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