Definition of Terms
- Authority: Refers to the Cooperative Development Authority (CDA).
- Registration of Amendment: The official act of validating and giving effect to modifications in Articles of Cooperation and By-Laws, evidenced by a Certificate of Registration.
- Amendment by Substitution: Substantial changes to provisions in the Articles of Cooperation and By-Laws to comply with RA 9520, utilizing the Authority’s template.
- Certificate of Registration of Amendment: Official document serving as conclusive proof of the registered amendment unless cancelled or further amended.
- Code: Refers to RA 9520 (Philippine Cooperative Code of 2008).
Process of Amendment
- Amendments must use the template prepared by the Authority.
- Relevant, peculiar, and pertinent provisions from old articles/bylaws may be included.
- Amendments must be approved and voted by the required vote (two-thirds) of all members with voting rights in a regular or special general assembly.
Requirements for Registration
- Three (3) copies of the General Assembly Resolution approving amendment by at least two-thirds vote.
- Notarized Secretary Certificate attested by majority of the Board of Directors confirming approval.
- Three (3) copies of the amended Articles of Cooperation and/or By-Laws.
- Treasurer’s Affidavit if there is a change in capital.
- Letter or Certificate of Authority, if applicable.
- Payment of the registration fee as per the Schedule under MC No. 2004-07.
Evaluation of Amendments
- CDA evaluates submitted documents in light of RA 9520 and relevant laws.
- May hold clarificatory conference with the applicant before deciding.
Venue of Application
- Applications to be filed at either the Central or concerned Extension Office of the CDA with jurisdiction over the cooperative.
Prohibited Amendments
- No alteration allowed to:
- Introductory part of original Articles of Cooperation.
- Names of original incorporators/cooperators.
- Names of cooperating/incorporating directors.
- Capitalization except for authorized increase or decrease.
Validity of Amendments
- Amendments become valid and binding upon issuance of the Certificate of Registration of Amendment by the CDA.
Suppletory Clause
- These guidelines serve as a supplementary application to provisions of MC 2009-02.
Effectivity
- Guidelines take effect fifteen (15) days after approval by the Board of Administrators and submission to the Office of the National Administrative Register (ONAR).