Title
Guidelines for Cooperatives' Amendment Registration
Law
Cda Memorandum Circular No. 2010-05
Decision Date
Jul 22, 2010
CDA Memorandum Circular No. 2010-05 establishes mandatory guidelines for cooperatives to amend their Articles of Cooperation and By-Laws in compliance with RA 9520, detailing the registration process, requirements, and consequences for non-compliance.
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Scope of Guidelines

  • Applies to all cooperatives registered anew under RA 9520
  • Covers registration of amendments to Articles of Cooperation and Bylaws

Definition of Key Terms

  • Authority: Cooperative Development Authority (CDA)
  • Registration of Amendment: Official act validating modifications to Articles and Bylaws
  • Amendment: Legitimate changes to Articles or Bylaws as per RA 9520
  • Certificate of Registration of Amendment: Official document confirming registration
  • Code: Refers to RA 9520 (Philippine Cooperative Code of 2008)

Amendment Process

  • Amendments may be adopted in regular or special general assemblies
  • Can be made by amending specific provisions

Requirements for Registration

  • Three (3) copies of General Assembly Resolution with at least two-thirds (2/3) approval
  • Three (3) copies of amended Articles and/or Bylaws
  • Notarized Board of Directors and Secretary Certificate
  • Treasurer’s Affidavit for capital changes
  • Letter or Certificate of Authority if applicable
  • Payment of registration fee per CDA schedule

General Assembly Resolution

  • Certified under oath by secretary and majority of the board
  • Confirms approval by required member vote

Amended Articles and Bylaws Submission

  • Must indicate changes clearly (underscoring, brackets, or parentheses)

Payment of Registration Fee

  • Paid after approval of amendments by the Authority

Evaluation Procedure

  • Authority evaluates completeness and conformity with laws
  • May hold clarificatory conference with cooperative

Submission Venue

  • Application filed at CDA Central or local Extension Office with jurisdiction

Prohibited Amendments

  • Original incorporators’ or directors’ names
  • Capitalization except for legitimate increase or decrease
  • Transformation from single-purpose to multi-purpose without IRR compliance

Validity of Amendments

  • Effective upon issuance of Certificate of Registration of Amendment by the Authority

Rights of Dissenting Members

  • Right to withdraw membership under Articles 30 and 31 of RA 9520

Filing Period

  • Mandatory filing starts immediately and ends June 15, 2011

Sanctions for Non-Compliance

  • Non-compliance subject to cooperative dissolution per Article 67 of RA 9520

Repealing Clause

  • Supersedes inconsistent provisions of MC 2009-02 Section 9 regarding filing period

Effectivity

  • Guidelines effective 15 days after Board approval and ONAR submission

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