Title
Guideline on Issuance of CGS to Cooperatives
Law
Cda Memorandum Circular No. 2011-16
Decision Date
May 6, 2011
The Cooperative Development Authority establishes revised guidelines for issuing Certificates of Good Standing (CGS) to cooperatives, outlining requirements, purposes, and administrative responsibilities to ensure compliance with the Philippine Cooperative Code and facilitate access to incentives and privileges.

Policy and Objectives

  • Implements State policy under RA 9520 (Philippine Cooperative Code of 2008) to provide incentives to registered cooperatives.
  • Aims to:
    • Set requirements pursuant to RA 9520 and RA 6939.
    • Establish administrative responsibilities within the Cooperative Development Authority (CDA).
    • Set standards for availing cooperative incentives and privileges.

Definition of Key Terms

  • Accountable Officers: Persons responsible for cooperative funds and properties (e.g., Chairman, Manager).
  • Authority: Cooperative Development Authority.
  • Business Operation: Economic undertakings aligned with cooperative objectives.
  • Certificate of Good Standing (CGS): Certificate confirming compliance allowing access to incentives.
  • Cooperative Activities: Membership, governance, and institutional undertakings.
  • Legitimate Purposes: Purposes lawful and not against morals or public policy.
  • Operating Cooperative: Cooperative actively performing its activities; newly registered within 1 year may waive business operation requirement.
  • Preceding Fiscal Year: The fiscal year before CGS issuance.
  • Statutory Reports: Mandatory reports under RA 9520 and RA 6939.

Purposes for Issuing CGS

  • Regular Purpose:
    • Compliance with mandatory requirements under RA 9520.
    • Access to incentives under CDA-BIR Joint Rules and local permits.
  • Special Purpose:
    • Legitimate reasons including financial assistance applications, importation of machineries, or accreditation as a training provider.

Eligibility for CGS Issuance

  • Issued only to operating cooperatives.
  • Importation-related applications subject to capability evaluation by Authority.

Requirements for CGS Application

  • For Regular Purpose:
    • Letter request signed by Chairman or authorized representative stating reason.
    • Proof or copies of statutory reports for preceding fiscal year.
    • Updated bond of accountable officers/employees.
    • Minutes of General Assembly showing election results, approval of plans, and acceptance of reports.
    • Certification fee.
  • For Special Purpose:
    • Letter request stating purpose.
    • Copy of latest CGS issued for regular purpose.
    • Favorable endorsement from Extension Office.
    • Certification fee.

CGS for Newly Registered Cooperatives

  • Exempt from submitting statutory reports and bond if applied within 90 days of registration.
  • If applied after 90 days but within one year, exempt from submitting statutory reports and General Assembly minutes.

Grounds for Non-Issuance of CGS

  • Failure to submit statutory reports for two or more consecutive years.
  • Late submission of reports exceeding six months for at least two consecutive years.
  • Non-compliance with CDA guidelines including laws, circulars, and bylaws.
  • Questionable legitimacy of cooperative leadership.

Signing Authority and Jurisdiction

  • Extension Office Director:
    • CGS applications except special cases.
  • Executive Director:
    • Tertiary cooperatives, cooperative banks, and insurance cooperatives for regular purposes.
  • Chairperson:
    • Special purposes like rice importation incentives, machinery and equipment importation incentives, and electric/cooperative banks’ specific needs.

Power to Waive Requirements

  • Board of Administrators may waive statutory report and General Assembly minutes requirements upon recommendation due to calamities or force majeure.
  • Certification from LGU or relevant agencies required in lieu of waived items.
  • Other requirements remain mandatory.

Fees and Penalties

  • Certification fee: Php 100 per CGS.
  • Penalties:
    • Php 300 per year for failure to secure CGS.
    • Php 300 for late filing.

Period of Filing

  • CGS for regular purpose must be secured by April 30 each year.
  • Late filings subject to penalties.

Validity of CGS

  • Regular Purpose CGS valid until April 30 of the next year.
  • Special Purpose CGS valid for 6 months from issuance date.
  • No retroactive effectivity for CGS.

Repealing Clause

  • CDA Memorandum Circular No. 2008-03 is amended accordingly.

Information Dissemination

  • All CDA Extension offices tasked with disseminating the guideline.

Effectivity

  • The guidelines take effect 15 days after filing with the Office of National Administrative Register (ONAR).

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