Title
Procedure for CDA Registration and Amendments
Law
Cda Memorandum Circular No. 2013-03
Decision Date
Feb 7, 2013
A Philippine Jurisprudence case outlines the procedure for the issuance of a Certificate of Registration for cooperatives, emphasizing the importance of timely completion of documents and providing a clear process for amendments to the Articles of Cooperation and By-Laws.

Law Summary

Amendments to Articles of Cooperation and By-Laws Under Article 18

  • Amendments to articles of cooperation or by-laws require a two-thirds vote of all voting members, provided changes serve legitimate purposes.
  • Dissenting members have the right to withdraw membership following amendments.
  • Both original and amended documents must comply with legal requirements and show changes clearly marked.
  • Amended articles or by-laws must be certified by the cooperative secretary and majority of directors verifying proper approval.
  • Submission of amendments to the CDA is mandatory.
  • Amendments take effect upon CDA approval or automatically after 30 days if not acted upon due to no fault of the cooperative.

Definition of "Required Period for Approval" Under Memorandum Circular No. 2011-15, Section 16(a)

  • Registration applications must be finally disposed of within 60 days after filing complete documentary requirements.
  • Failure to act within the period results in deemed approval unless the delay is caused by the applicant.

Procedural Steps for Issuance of Certificate of Registration Following Period of Non-action

  • Applicants must file a written request or petition with the CDA requesting issuance of the certificate if 60 days have elapsed without action.
  • The CDA Registration Division will evaluate:
    1. The length of time the application has been pending.
    2. Completeness of the documents submitted.
  • The 60-day period begins only when documents are complete in form and substance.
  • If documents are complete and 60 days lapsed without fault of the applicant, CDA will issue the certificate immediately.
  • If documents are incomplete, CDA will notify the cooperative to rectify within 15 days.
  • Failure to comply results in denial of registration.

Application of Procedure to Amendments to Articles of Cooperation and By-Laws

  • The same procedural requirements apply to registration of amendments except for the period to observe, which is 30 days instead of 60.

Additional Legal and Administrative Details

  • The procedural guidelines were promulgated due to silence in the original law on specific procedures following non-action.
  • These steps were approved by CDA Board Resolution No. 051, s-2013.
  • The detailed procedure ensures administrative due process and compliance with internal rules and timelines for cooperative registration and amendments.

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