Title
Cooperative Marketing Fund Lending Policies
Law
Cda No. 120
Decision Date
May 22, 1992
CDA Resolution No. 120 establishes policies for the Cooperative Marketing Project Fund, facilitating loans and financial assistance to eligible agricultural cooperatives to enhance their operational capabilities and support small farmers through a structured lending system.
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Cooperative Finance System and Scope

  • Cooperative Finance System designed to lend and invest CMP funds effectively to creditworthy cooperatives.
  • Governs lending and investment through Cooperative Finance Group (CFG) at CDA.
  • Focuses on loans via banks, primarily Cooperative Banks.

Definitions of Key Terms

  • Cooperative: Registered association with common interests, equitable capital contribution, and cooperative principles.
  • Cooperative Bank: Bank owned and controlled by cooperatives, including Cooperative Rural Banks.
  • Loan Fund: Portion of funds designated for lending.
  • Trust Fund: Portion of funds for expanding equity base of cooperatives.
  • Guarantee Fund: Covers losses from uncollected loans beyond collateral recovery.
  • Cooperative Finance Group (CFG): Unit at CDA managing loans.
  • Debt Equity Ratio: Ratio of term liabilities to net worth of cooperative.
  • Special Time Deposit: Funds available to Cooperative Banks to finance loans.
  • Disposable Earnings: Net income balance after deducting non-cash expenses and mandatory appropriations.
  • Risk Asset Ratio: Bank’s net worth relative to risk assets.

General Credit Policies

  • Credit extension must adhere to sound lending and business principles.
  • Loans granted based on sound credit evaluation, sufficient in amount, and with reasonable terms to ensure repayment.
  • Debt-equity ratio capped at 2:1.
  • Financing package integrates term, seasonal, and capital assistance components.
  • Borrowers must invest in Guarantee Fund (5% for term loans, 3.75% for seasonal loans) up to 10% of loan outstanding.
  • Losses from uncollected loans are shared mostly by Guarantee Fund and partly by Cooperative Banks.

Types of Financing

  • Seasonal Loans: Short-term for operating capital or commodity inventories (up to 12 months).
  • Term Loans: Long-term capital for facilities or assets (more than 1 year, up to 10 years).
  • Joint/Split Financing: Coordinated loans with other lenders subject to satisfactory arrangements.
  • Trust Fund Investments: Preferred stock investments in cooperatives up to 100% paid-up capital or P1,000,000, retireable within 10 years.

Authorized Lenders

  • Cooperative Banks/Banks must be certified and compliant with Central Bank rules.
  • Must maintain past due loans not exceeding 50%.
  • Risk asset ratio must be at least 10% post-loan.
  • Must be current with payments to CDA.

Eligible Borrowers

  • Cooperatives registered with CDA under RA 6938.
  • Engage primarily in supply of farm inputs, marketing or processing members’ produce, or similar economic services.
  • At least 50% of business with members.
  • Maintain adequate accounting records and submit financial statements.
  • Share capital and interest rates must be approved by CDA.

Credit Requirements

  • Comprehensive credit analysis involving:
    • Management competence.
    • Clear loan purpose and proper terms.
    • Repayment ability based on cash flows and working capital.
    • Sound financial condition and operations.
    • Favorable economic and competitive environment.

Loan Amount Determination

  • Based on cooperative’s feasibility study, adherence to debt-equity ratio, repayment capacity, and collateral value.

Loan Terms

  • Seasonal loans: max 1 year.
  • Term and special term loans: max 10 years.
  • Restructuring possible with CDA approval in cases of force majeure or justifiable cause.

Collateral Security and Loan Value

  • Collateral required as protection but not sole basis for credit.
  • Types:
    • Warehouse receipts and receivables for seasonal commodity loans.
    • Chattel mortgage, revolving receivables for seasonal operating loans.
    • Real estate and fixtures for term loans.
  • Loan to value ratios:
    • Real estate: max 70% of appraised value plus insured improvements.
    • Chattels: max 50% of appraised cost.
    • Agricultural products with effective control: 60-70% of market value.
    • Assigned receivables: max 70%.

Interest Rates

  • Borrowers: 10% per annum on seasonal loans, 9% on term loans.
  • Cooperative Banks: 5% on seasonal loans, 6% on term loans (special time deposits).
  • No advance interest or service charges allowed.
  • CDA may set long-term rates considering costs and sound business principles.

Loan Repayment Schedule

  • Equal installments of principal and interest monthly, quarterly, or semi-annually.
  • Payment plans may reflect borrower’s income cycles.

Lending Procedures

  • Application must include:
    • Completed forms, project feasibility, financial statements, certificate of incumbency, board resolutions, CDA endorsement.
  • Cooperative Bank files Special Time Deposit (STD) application with CDA after positive evaluation.
  • CFG conducts field investigation and submits recommendations to CDA.
  • CDA approves and prescribes loan terms.
  • Loan proceeds released to Cooperative Banks and placed in special accounts for borrower use.

Use of Funds and Diversion

  • Borrowed funds must be used strictly for intended purposes.
  • Unauthorized use cancels loan agreement; immediate repayment demanded and possible criminal prosecution.

Payment Application and Remittance to CDA

  • Payments applied first to interest, then to principal.
  • Collections must be remitted to CDA within 5 days.
  • Failure to remit on time incurs 1% monthly liquidated damages in addition to interest.

Default and Foreclosure

  • Lender and CDA shall take timely action upon default.
  • Right to foreclose on secured assets arises at default or breach of loan conditions.

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