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).