Authority and Legal Basis
- Issued by the Cooperative Development Authority (CDA) under Section 3(m) of Republic Act No. 6939.
- Serve to operationalize Article 18 of the Cooperative Code, which requires two-thirds (2/3) member vote for amendments.
Amendment Approval Process
- Amendments require approval by at least two-thirds (2/3) of all members with voting rights.
- Amendments must be evidenced by a resolution of the general assembly.
- Certified copies of both original and amended articles must be submitted, showing changes clearly (e.g., underscoring).
- A certification under oath by the cooperative secretary and majority of directors verifying proper approval is mandatory.
Required Documentation for Registration
- Four (4) copies of the resolution approved by the general assembly.
- Four (4) copies of the amended articles or by-laws with changes clearly indicated.
- Payment of the registration fee imposed by the CDA after approval.
Certification and Indication of Amendments
- Resolutions confirming amendment approval must be sworn under oath by the secretary and majority of the board of directors.
- Amended documents should use underscoring or other means (parentheses, brackets) to identify provisions being changed.
Evaluation and Approval by the Cooperative Development Authority
- CDA conducts a thorough evaluation of submitted amendments considering the Cooperative Code and other relevant laws.
- The CDA may hold hearings or take testimonies at its discretion.
- Amendments take effect only upon CDA approval or automatically after 30 days if CDA fails to act without cause attributable to the cooperative.
Effectivity of Amendments
- Amendments become binding and effective solely upon CDA’s approval.
- Any amendment not approved by the CDA is invalid.
Rights of Dissenting Members
- Members opposing the amendments can exercise their right to withdraw membership under Articles 31 and 32 of the Cooperative Code.
Fees and Repeal of Previous Guidelines
- The registration fee is payable after amendment approval.
- All prior issuances relating to amendment registration are repealed.
Effectivity of Guidelines
- Guidelines become effective upon approval by the Board of Administrators of the CDA.
- Adopted on May 22, 1992, signed by the Chairman of the Board of Administrators.