Law Summary
Purpose and Scope
- Guidelines regulate the orderly registration of multipurpose cooperatives.
- Compliance with RA 9520, its implementing rules, and Authority issuances is required.
- Applies to registration and operation of multipurpose cooperatives.
- Requirements include at least two years of prior operation before registering as multipurpose.
Definitions
- Agriculture Cooperative: Primary cooperative engaged in agricultural production and related cost reduction/value addition activities.
- Agrarian Reform Cooperative (ARCo): Organized by agrarian reform beneficiaries for land tenure and management development.
- Amendment: Legitimate changes to Articles of Cooperation and By-Laws under RA 9520.
- Authority: Cooperative Development Authority (CDA).
- Certificate of Registration of Amendment: Official CDA document evidencing approved amendments.
- Cooperative: Autonomous association aiming to meet social, economic, cultural needs by capital contributions and mutual risk sharing.
- Multipurpose Cooperative: Cooperative combining two or more business activities.
- Primary Cooperative: Cooperative with natural person members, except certain service cooperatives as allowed.
- Paid-up Share Capital: Portion of capital paid by members.
- Validation: Activity ensuring cooperative is formed for intended beneficiary's primary purpose.
Minimum Capitalization Requirements
- Cooperatives (excluding agriculture and agrarian reform cooperatives) must have a minimum paid-up capital of ₱100,000 or higher as per feasibility study to transform into multipurpose.
Requirements for Registration of Amendment
- Required documents (three copies each) include:
- Cooperative Name Reservation Notice (if name change)
- Amended Articles of Cooperation and By-Laws
- Resolution certifying at least two-thirds member approval
- Surety Bond of accountable officers
- Audited financial statements proving profitability for two years
- Undertaking to change name if prior use conflict
- Favorable endorsements from government agencies, if applicable
- Detailed feasibility study of proposed business viability
- Certification of compliance with CDA auditing/accounting standards
- Documents must be printed in standard sizes and can be in English or Filipino/local dialects with English translations; English prevails in interpretation disputes.
- Amended provisions must be clearly indicated.
- Books of accounts must be maintained separately for each business activity.
- Amendment fee as prescribed must be paid before certificate issuance.
Jurisdiction
- Registration applications are filed with the CDA Extension Office having jurisdiction over the cooperative's principal office.
- Certain cooperative types and national tertiary cooperatives' amendments are filed with CDA Central Office.
Registration Procedure
- Registration of multipurpose cooperatives follows the procedures for registration of amendments as approved by the CDA Board.
Evaluation of Amendments
- CDA evaluates submitted documents considering the Cooperative Code and relevant laws.
Validation Requirement
- Single-purpose cooperatives must undergo on-site validation before registering as multipurpose.
- Validation to be conducted by CDA Extension Office under Office Order No. 2015-04.
Amendments for Existing Cooperatives
- Multipurpose cooperatives operating a single business must register/amend as single-purpose cooperatives.
- Multipurpose cooperatives must remove unused purposes from Articles of Cooperation if not undertaken within two years.
- Single-purpose cooperatives operating multiple businesses with at least ₱100,000 paid-up capital must amend articles; if below threshold, must cease other business operations.
Separability Clause
- Invalid or unconstitutional provisions do not affect other valid provisions, which remain effective.
Repeal
- Previous inconsistent circulars and guidelines of the Authority are repealed or modified by these guidelines.
Effectivity
- Guidelines take effect upon Board approval and 15 days after filing with the Office of National Administrative Registry (ONAR).