Title
Guidelines on Inspection of Cooperatives
Law
Cda Memorandum Circular No. 2015-02
Decision Date
Apr 30, 2015
The Cooperative Development Authority in the Philippines has issued guidelines for the inspection of cooperatives, including the requirement for annual inspections, submission of necessary reports and documents, and the possibility of penalties for violations of cooperative laws and regulations.

Policy and Objectives

  • Mandated by the 1987 Philippine Constitution and relevant laws to promote cooperative viability and growth.
  • Inspection of cooperatives serves as a mechanism to ensure safe and sound operations.

Scope and Coverage

  • Applies to all registered cooperatives except those with Show Cause Orders, recommended for dissolution, under liquidation, delisted, or newly registered this year.
  • Branch and satellite offices inspected through the main office.

Definitions

  • Inspection: Authority’s function to ensure legal compliance by cooperatives.
  • Show Cause Order: Order requiring explanation on non-compliance leading to possible dissolution, liquidation or cancellation.
  • Order of Dissolution: Authority’s termination of a cooperative’s juridical personality.
  • Order of Liquidation: Winding up cooperative affairs by Authority or court.
  • Order of Cancellation: Cancellation of the cooperative’s Certificate of Registration.
  • Delisted Cooperatives: Cooperatives removed from registry after cancellation.

Notice of Inspection

  • Sent to Board of Directors or General Manager at least two weeks before inspection.
  • Details include inspector names, inspection date, required documents, and mandatory attendees.

Authority of Inspectors

  • Power to require reports, inquire into financial and operational compliance.
  • Conduct interviews, exit conferences, and other necessary inspection activities.

Authorized Inspectors

  • Inspectors are CDA personnel from Central or Extension Offices.
  • Must maintain independence and confidentiality.

Frequency of Inspection

  • Conducted at least once annually.

Exit Conference

  • Held post-inspection to discuss findings with cooperative’s board and officers.
  • Good practices acknowledged.
  • Cooperative may contest findings or request time to correct.
  • Attendance of key officials is mandatory; absence is waiver.

Inspection Report

  • Provided to cooperative after exit conference.
  • Signed by inspector and cooperative representatives.
  • Becomes official and part of CDA records.
  • Basis for possible subsequent examination.

Prohibited Acts and Penalties

  • Includes refusal to provide information, submission of false data, hindering inspection, non-compliance with CDA orders, and violations involving restricted transactions.
  • Penalties apply to responsible officers or employees; directors and officers are liable if cooperative is juridical person.

Request for Reconsideration

  • Refusal to appear deemed admission of violations.
  • Cooperative may request reconsideration within 10 days by submitting rebuttal documents.
  • CDA Extension Office has discretion to accept or deny correction.
  • Decision rendered within 15 days.

Repealing Clause

  • Previous guidelines on cooperative inspection repealed.
  • Prior inspection findings remain valid.

Separability Clause

  • Unconstitutional provisions do not affect other provisions.

Effectivity

  • Effective 15 days after publication in ONAR or Official Gazette.
  • Approved by the CDA Board of Administrators on April 30, 2015.

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