Title
Guidelines for New Cooperative Registration
Law
Cda
Decision Date
Mar 17, 1992
The Cooperative Development Authority establishes guidelines for the registration of new cooperatives, promoting self-reliance and economic development while ensuring compliance with legal requirements and viability standards.
A

Policy

  • The State promotes the creation and growth of cooperatives to foster self-reliance and economic and social development.

Purpose

  • Ensure cooperatives are viable and meet registration requirements and Authority policies.

Coverage

  • Applies to all types of cooperatives except those under Chapters XI, XII, XIII, and XV of the Cooperative Code (R.A. 6938).

Definitions

  • Authority: Cooperative Development Authority.
  • Cooperative: Registered association with a common bond and equitable capital contributions.
  • Primary Cooperative: Members are natural persons.
  • Secondary Cooperative: Members are primary cooperatives.
  • Tertiary Cooperative: Members are secondary cooperatives or apex organizations.
  • Federation: Primary/secondary cooperatives in the same economic activities.
  • Cooperative Unions: Non-business function cooperatives representing various types.
  • Laboratory Cooperative: Managed by minors, affiliated with registered cooperatives.
  • Common Bond: Pre-existing condition linking members.
  • Area of Operation: Territory of cooperative activities.
  • Share: Unit of capital with minimum value of P1.00.
  • Defines various cooperative types (Credit, Consumers, Producers, Marketing, Service, Multi-Purpose).
  • Business and non-business cooperative functions defined.

Officers Responsible for Registration

  • Extension Offices register primary and local secondary cooperatives.
  • Central Office registers inter-regional/national secondary and tertiary cooperatives and special cooperatives except credit cooperatives.

Membership Requirements

  • Primary cooperatives require at least 15 Filipino natural persons with a common bond.
  • Secondary/tertiary cooperatives require at least 15 cooperatives; permit 5 initially if 15 achieved within 3 years.

Capital Requirements

  • Share capital mandatory; 25% of authorized capital must be subscribed and 25% of subscribed paid upon registration.
  • Primary cooperatives minimum paid-up capital is P2,000.
  • Secondary/tertiary capitalization depends on economic survey.

Cooperative Name

  • Must include "Cooperative".
  • No use of "Incorporated" required.
  • Cannot use "federation" or "union" unless registered as such.

Provisional Registration

  • No provisional/conditional registrations allowed.
  • Previously provisional cooperatives must comply with current requirements.

Registration Documents

  • Submit: Economic Survey, notarized Articles and By-Laws, Treasurer's Affidavit on capital, bonds for accountable officers, and registration fee.

Document Submission

  • Documents may be in English or the national language.

Common and Preferred Shares

  • Common shares preferred; preferred shares allowed but not exceeding 25% of authorized capital.
  • Rights of preferred shareholders must be in By-Laws.
  • Subscription and paid-up requirements apply to common shares only.

Responsibility of Organizing Agencies/Individuals

  • Entities aiding cooperative organization must assist pre- and post-registration up to self-reliance.

Certificate of Undertaking

  • Chairman or representative must execute undertaking to change cooperative name if prior right exists.

Pre-Membership Education Seminar

  • PMES is not mandatory but encouraged to impart cooperative principles.

Common Bond of Membership

  • Four categories: Residential, Institutional, Associational, Occupational; only one bond adopted per cooperative.

Dual Membership

  • By-laws must allow members of existing same-type cooperatives in same area to be members, provided they resign from former.

Conversion of Pre-Cooperatives and Self-Help Groups

  • Conversion into cooperatives allowed upon registration application and document submission; audited financial statements substitute economic survey.

Registration of Amendments

  • Submit 4 copies of amended Articles/By-Laws with underscored changes, certified by Secretary and board majority.
  • Pay registration fee.

Bonding Requirements

  • Bond required for Treasurer, Cashier, Manager, warehouseman, check signatories, and similar custodians.
  • Acceptable bonds: Real estate, cash, surety/performance.
  • Bond amount based on cooperative net worth at registration.
  • Board determines adequacy.

Timelines and Appeals

  • Registration decided within 30 days; deemed approved if delayed without applicant fault.
  • Denial appealable to Office of the President within 90 days.
  • Failure by President's Office to act within 90 days means approval.

Repeal

  • Prior conflicting circulars and guidelines repealed or modified.

Effectivity

  • Guidelines effective upon Board of Administrators approval.

Approval

  • Approved on March 17, 1992 by the Board of Administrators.

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