Professional Documents
Culture Documents
FUNCTIONS, RESPONSIBILITES
AND TRAINING REQUIREMENTS
OF DIRECTORS, OFFICERS AND
COMMITTEE MEMBERS
The report shall reflect the specific The cooperative shall submit an annual report
names and positions of all the which shall reflect the specific names and
incumbent officers of the cooperative positions of all the incumbent officers of the
and the trainings these officers have cooperative and the required trainings these
undertaken/completed for the year officers have undertaken/completed for the
being reported in compliance to year being reported in compliance to training
training requirements for requirements for cooperative officers. The
cooperative officers. cooperative shall submit the report even if
the cooperative officers have not complied
or partially complied with the required
trainings.
ARTICLE 46 OF RA 9520
COMPENSATION
(IN RELATION TO MC NO. 2013-07)
ARTICLE 46 OF RA 9520
ART. 46. Compensation. (1) In the absence of any provisions in the bylaws fixing their
compensation, the directors SHALL NOT RECEIVE any compensation EXCEPT FOR
REASONABLE PER DIEMS: Provided however, That the directors and officers shall not be
entitled to any per diem when, in the preceding calendar year, the cooperative reported a
net loss or had a dividend rate less than the official inflation rate for the same year. ANY
COMPENSATION OTHER THAN PER DIEMS may be granted to directors by a majority vote
of the members with voting rights at a regular or special general assembly meeting
specifically called for the purpose: Provided, That no additional compensation other than
per diems shall be paid during the first year of existence of any cooperative.
"(2) The compensation of officers of the cooperative as well as the members of the
committee as well as the members of the committees created pursuant to this Code or its
bylaws may be fixed in the bylaws.
"(3) Unless already fixed in the bylaws, the compensation of all other employee shall be
determined by the board of directors.
MC NO. 2013-17
Committee Members:
FIXED IN THE BY LAWS
Cooperative Employees:
SHALL BE DETERMINED BY THE BOD
SUBJECT TO EXISTING LABOR LAWS
ARTICLE 53 OF RA 9520
REPORTS
(IN RELATION TO RULE 8 OF IRR AND
MC NO. 2015-04)
ARTICLE 53 OF RA 9520
"ART. 53. Reports. (1) Every cooperative shall draw up regular reports of its program of
activities, including those in pursuance of their socio-civic undertakings, showing their
progress and achievements at the end of every fiscal year. The reports shall be made
accessible to its members, and copies thereof shall be furnished to all its members or
record. These reports shall be filed with the Authority within one hundred twenty (120)
days from the end of the calendar year. The form and contents of the reports shall be as
prescribed by the rules of the Authority. Failure to file the required reports shall subject
the accountable officer/s to fines and penalties as may be prescribed by the Authority, and
shall be a ground for the revocation of authority of the cooperative to operate as such. The
fiscal year of every cooperative shall be the calendar year except as may be otherwise
provided in the bylaws.
"(2) If a cooperative fails to make, publish and file the reports required herein, or fails to
include therein any matter required by the Code, the Authority shall, within fifteen (15)
days from the expiration of the prescribed period, send such cooperative a written notice,
stating its non-compliance and the commensurate fines and penalties that will be imposed
until such time that the cooperative has complied with the requirements.
RULE 8.
REPORTS REQUIRED
FOR COOPERATIVES
(IN RELATION TO MC NO.
2015-04 )
REQUIRED REPORTS
OLD IRR REVISED IRR; MC No. 2015-04
Cooperative Annual Performance Report Cooperative Annual Performance
(CAPR) Report (CAPR)
Social Audit Report including its program
of activities in pursuance of its socio-civic
undertakings showing its achievements at
the end of every fiscal year
Performance Report
Audited Financial Statements duly
stamped “ Received “ by BIR
List of Officers and Trainings *
Undertaken/Completed.
ATTACHMENTS TO CAPR
PRIMARY CDA-REGISTERED
SECONDARY AND TERTIARY COOPS
COOPS ELECTRIC COOPS
Social Audit Report including its programs of activities pursuant to its socio-civic goals of the
cooperative
Performance Audit Report, including copies of the semi-annual reports on mediation and
conciliation as received by the Authority pursuant to EO 97
Audited Financial Statements (not necessarily stamped “Received” by BIR)
List of Officers and Trainings Undertaken/Completed
List of affiliates and cooperatives which have remitted
their respective CETF
Business consultancy assistance to include the nature
and cost, including the use of CETF
Other training activities undertaken specifying therein (not an attachment) List of
the nature, participants, and cost of each activity members issued with
Share Capital Certificate
OLD IRR REVISED IRR; MC No. 2015-04
FILING Filed within SAME
OF one hundred
REPORTS twenty (120) The date of mailing the required reports either by
days from the registered mail, by courier service, or by electronic
end of every means shall be considered the date of filing.
calendar year
either through Electronic filing – printed copy should be
personal, submitted within five (5) days from date of
registered transmission. (NO PRINTED COPY – NON-
mail courier, COMPLIANCE)
or electronic
means Any material alterations or tampering, which
made the electronic documents different from the
original shall be considered as if no report has been
filed and the electronic documents have never been
received.
OLD IRR REVISED IRR; MC No. 2015-04
FORM OF The reports shall be The reports shall be typewritten or
REPORT/S typewritten or printed in a printed in a form prescribed by the
form prescribed by the Authority, duly certified by the
Authority. The Chairperson Accountable Officers as specified in
and the General Manager Section 8 hereof.
shall certify to the
truthfulness of the statement
Accountable Officers - employees or
contained in the reports.
officers of the cooperative responsible
for the preparation of the required
regular reports and its attachments, and
in whose fault or negligence the delay
may be attributed.
POLICY CLARIFICATION
RE: ACCOUNTABLE OFFICERS
ACCOUNTABLE OFFICER
REPORT PREPARATION APPROVAL
CAPR Compliance General Manager /
Officer Chairman of BOD
Audited FS Finance Manager / BOD Chairman
Accountant
List of Officers and Education and BOD Chairman
Trainings Completed Training
Committee
Performance Audit Internal Auditor / BOD Chairman
Report Audit Committee
Social Audit Report Internal Auditor / BOD Chairman
Audit Committee
MC NO. 2016-07
AMENDED GUIDELINES
GOVERNING THE ISSUANCE
OF CERTIFICATE OF
COMPLIANCE
REQUIREMENTS FOR ISSUANCE OF CERTIFICATE OF
COMPLIANCE UNDER MC NO. 2015-08
1. Letter request duly signed by the Chairperson or any authorized
representative of the requesting cooperative stating therein the
reasons/purpose of such request;
2. Proof of compliance that all required reports for the preceding fiscal
year had been submitted or complete copies of such reports (2
copies);\
3. Copy of the Minutes of Meeting of the GA with the following
information:
a. Result of election of the BOD and Committee members;
b. Approval of the Development Plan and/or Annual Plan and Budget;
c. Presentation and acceptance of CAPR including the AFS, PAR, SAR and LOTC by
the GA;
d. Appointment of the CDA Accredited External Auditor;
e. Acceptance of the management and committee report by the GA; and
f. Payment of Certification Fee
NEW REQUIREMENTS FOR ISSUANCE OF COC
MICRO-COOPERATIVES SMALL, MEDIUM AND LARGE COOPERATIVES
A. CAPR with the following attachments: A. Copy of the ELECTRONICALLY ENCODED
1. Financial Statements audited by ANY of the
CAPR with the following attachments:
following: 1. Social Audit Report including its program
a. External auditor accredited by the Board of
of activities pursuant to its socio-civic
Accountancy (BOA);
goals;
b. Audit Committee of the cooperative; OR
2. Performance Audit Report, including
c. Audit Committee of the federation or union
where the cooperative is affiliated. copies of the semi-annual report on
mediation and conciliation as received by
2. List of Officers and Mandatory Trainings the Authority;
Undertaken/Completed. 3. Financial Statements audited by an
External Auditor accredited by the CDA;
B. Certification Fee of P100.00 and
4. List of Officers and Mandatory Trainings
MICRO-COOPERATIVES ARE HOWEVER Undertaken/Completed.
REQUIRED TO ENCODE THEIR CAPR THROUGH
THE WEB BASED SYSTEM WITHIN 6 MONTHS
FROM THE ISSUANCE OF THE COC.
B. Certification fee of P100.00.
FOR NEWLY REGISTERED COOPERATIVES
Upon REGISTRATION, the COC shall be issued after payment of a
Certification Fee of P100.00. Said COC shall be valid until April 30 of the
immediately preceding year.
Cooperatives with LESS THAN ONE (1) YEAR of business operation from
the date of registration shall be required to submit ONLY the following:
1. Copy of the ELECTRONICALLY ENCODED CAPR
2. Financial Status Reports signed by the AUDIT COMMITTEE and the
CHAIRMAN OF THE COOPERATIVE (Statement of Financial
Condition and Statement of Operation)
3. Certification fee of P100.00.
MC NO. 2015-08 MC NO. 2016-07
1. Non submission of required 1. Non submission of required reports as
Grounds for non-issuance of COC
reports; mentioned in Sec. 7;
2. Failure to encode CAPR 2. Failure to encode CAPR through web-based
through web-based CAPRIS CAPRIS and to submit the printed form
and to submit the printed generated by the system, EXCEPT FOR
form generated by the MICRO COOPERATIVES. However, for MCs
system; that failed to electronically submit the
3. Willful failure to comply with immediately preceding year’s CAPR will not
the mandatory trainings for be issued a COC for the succeeding year;
officers; 3. Willful failure to comply with the mandatory
4. Non-settlement of fines trainings for officers;
and/or penalty/ies for late or 4. Non-settlement of fines and/or penalty/ies
non-submission of for late or non-submission of mandatory
mandatory reports; and reports EXCEPT FOR MICRO
5. The cooperative has been COOPERATIVES; and
declared dissolved. 5. The cooperative is undergoing Dissolution
proceedings.
MC NO. 2015-08 MC NO. 2016-07
Any existing dispute 1. The cooperative has two or more sets of BODs
Grounds for suspension or non-
PENALTIES:
FEES AND PENALTIES
MULTIPURPOSE
COOPERATIVE
(IN RELATION TO MC
NO. 2015-07)
REVISED IRR AND MC NO.
2015-07 (GUIDELINES
OLD IRR
GOVERNING THE
REGISTRASTION OF MPCS)
C
o This Rule shall cover (a) all types of Except for agriculture
v newly organized primary cooperative cooperatives and agrarian
e with combined two (2) or more reform cooperatives, no
r business activities of different types of cooperative shall be
cooperatives as provided for in Art. 23 registered as a multipurpose
a
of the Code, (b) a single-purpose cooperative unless it has been
g
cooperative desiring to transform itself in operation for at least two (2)
e
into a multi-purpose cooperative after years.
at least two (2) years of operation.
Minimum Only those cooperative with a With the exception of the
Capitalization minimum paid-up capital of agriculture cooperatives and
Requirements One Hundred Thousand Pesos agrarian reform cooperatives,
(P100,000.00) or as required in only those cooperatives with a
the feasibility study whichever minimum paid-up capital of
is higher shall qualify to One Hundred Thousand Pesos
register as a multi-purpose (Php100,000.00) or as required
cooperative or can transform in the feasibility study,
into a multi-purpose whichever is higher, may be
cooperative. allowed to transform into a
multipurpose cooperative.
AMENDED GUIDELINES ON
THE ESTABLISHMENT OF
COOPERATIVE SATELLITE
OFFICES
MC NO. 2012-17 MC NO. 2016-05
Satellite Refers to an extension Refers to an office established
Office office established by the by a cooperative outside of its
definition cooperative within its area principal/main office but within
of operation to provide its area of operation to provide
limited services to its limited services to its members
members where but which does not however
maintenance of the books maintain books of accounts as it
of accounts is to be done is done only by the
by the head/main office principal/main office.
and other administrative
regulations as required by For purposes of this Guidelines,
the Authority. the term satellite shall include
an extension office, a sub-office
or other terms of similar import.
MC NO. 2012-17 MC NO. 2016-05
AMENDED POLICY
GUIDELINES ON THE
ESTABLISHMENT OF
COOPERATIVE BRANCH
PRE-QUALIFICATION REQUIREMENTS
MC NO. 2011-17
(Policy and Guidelines in the MC NO. 2015-11
Establishment of a Cooperative Branch)
Must have minimum paid-up capital as The principal office must have a minimum
follows: paid-up capital, as provided for in the Articles
1. Primary – Php 2 Million of Cooperation, to wit:
2. Seconday – Php 5 Million 1. Primary – Php 10 Million
3. Tertiary – Php 10 Million 2. Secondary – Php 15 Million
3. Tertiary – Php 20 Million
Must have an available start up
operating capital for each branch of at Each branch must have an available operating
least: capital as provided for in the Business Plan, to
1. Primary – Php 1 Million wit:
2. Secondary – Php 3 Million 1. Primary – Php 5 Million
3. Tertiary – Php 5 Million 2. Secondary – Php 10 Million
3. Tertiary – Php 15 Million
PRE-QUALIFICATION REQUIREMENTS
MC NO. 2011-17
(Policy and Guidelines in the
MC NO. 2015-11
Establishment of a Cooperative
Branch)
Must have a track record of - That the proposed establishment of a branch in another
actual operational growth and place but within the area of operation of the applicant
viability and have not cooperative is necessitated by the existence of members in
incurred net loss for the last the said place desiring to avail of the services of the
cooperative within their reach. Provided, that the number of
three consecutive years. The
members to be served by the branch office will be enough
cooperative net worth is for its viable operation as shown in the business plan.
progressive for the last three
years from the date of - The cooperative did not incur net loss for the last three
application. consecutive years and its net worth is progressive for the
last three years from the date of application.
DOCUMENTARY REQUIREMENTS
MC NO. 2011-17 MC NO. 2015-11
- Business Plan - Business plan;
- General Assembly Resolution - General assembly resolution authorizing
authorizing establishment of branch and the establishment of the branch and
commitment of investment or allocation commitment of investment or allocation
of resources for its proposed site of resources in its operation;
- Organizational set up of the proposed - Certification signed by the
branch showing the proposed staffing Chairman/General Manager of the
pattern following:
- Certification signed by Chairman/GM 1. Presence of Manual of Operations for
as to the following: Branch; and
1. Presence of Manual of Operations for 2. Address of the proposed branch
Branch; and - Audited Financial Statement for the last
2. Exact location of the proposed branch. 3 years.
ADMINISTRATIVE REGULATIONS (SEC. 13)
AMENDED SCHEDULE OF
REGISTRATION FEES
PROCESS REQUIRED FEES PROCESS REQUIRED FEES
(Php) (Php)
A. NAME C. AMENDMENT
RESERVATION 100.00 1. On specific
(pre- 200.00 provision/s 300.00
registration)
PLUS 1% OF
300.00
THE FEE
2. By
IMPOSED 300.00
1. 30 days BUT NOT LESS THAN TEN (10)1/10 of 1% of the
substitution
2. 60 days PESOS for ALL APPLICATIONS
3. On increase increased PAID-UP
3. 90 days of capital CAPITAL
FOR REGISTRATION AND
B. INITIAL AMENDMENT,
1/10 of 1% of the PETITIONS
D. MERGER AND400.00 plus C.3 if
REGISTRATION PAID-UP CAPITAL or coupled with
COMPLAINTS AS LEGAL AND
increased paid-up
1. Primary RESEARCH
500.00 FEE (LRF) capital
2. Secondary 2,000.00 E. Refer to “B”
3. Tertiary 3,000.00 CONSOLIDATION
4. Laboratory 50.00
2017 MEMORANDUM CIRCULARS
MC NO. 2017-01 – CAPABILITY BUILDING PROGRAM FOR MICRO
COOPERATIVES
MC NO. 2017-02 – GUIDELINES ON THE CONDUCT OF PRE-
REGISTRATION SEMINAR (PRS) FOR PROSPECTIVE MEMBERS OF
WOULD-BE PRIMARY COOPERATIVES
MC NO. 2017-03 – AMENDMENT TO CDA MEMORANDUM CIRCULAR
NO. 2012-15 DATED JUNE 11, 2012 ON POLICY GUIDELINES
MANDATING COOPERATIVE TO PUT-UP SIGNAGE IN THEIR
RESPECTIVE OFFICES
MC NO. 2017-04 – TOOL FOR ASSESSING PROGRESS OF GENDER
EQUALITY IN PRIMARY COOPERATIVES AS SUPPLEMENTAL TO
MEMORANDUM CIRCULAR 2013-22
MC NO. 2017-03
Where to put Principal Office, Branch Principal and all Branch and
up and Satellite Office Satellite offices
OFFICE ORDERS
MEMORANDUM
- OFFICE ORDER NO. 2017-01 RE: GUIDELINES IN DETERMINING
THE STATUS OF COOPERATIVES
- MEMORANDUM RE: INTERPRETATION OF ARTICLE 86(2) OF RA
9520 IN THE REMITTANCE OF CETF TO A UNION OR FEDERATION
- MEMORANDUM RE: BLGF MC 11-001-2016 REITERATING BLGF MC
NO. 31-2009 RE: EXEMPTION OF COOPERATIVES FROM PAYMENT
OF LOCAL TAXES, FEES AND CHARGES
OFFICE ORDER NO. 2015-09
GUIDELINES IN
DETERMINING THE STATUS
OF COOPERATIVES
COMPLIANT STATUS OF A COOPERATIVE
1. With required reports and issued Certificate of Compliance (COC).
2. With required reports but subjected to Show Cause Order (SCO) for
violation of cooperative laws, rules and regulations, articles of
cooperation and by-laws.
NON-
COMPLIANT
, 8, 38%
COMPLIANT
, 13, 62%
COMPLIANT
, 13, 87%
MEMORANDUM
RE: INTERPRETATION OF
ARTICLE 86(2) OF RA 9520 IN
THE REMITTANCE OF CETF
TO A UNION OR FEDERATION
ARTICLE 86 (2) OF RA 9520
"ART. 86. Order of Distribution. – The net surplus of every cooperative shall be distributed as
follows:
XXX
"(2) An amount for the education and training fund, shall not be more than ten per
centum (10%) of the net surplus. The bylaws may provide that certain fees or a portion thereof
be credited to such fund. The fund shall provide for the training, development and similar
other cooperative activities geared towards the growth of the cooperative movement:
"(a) Half of the amounts transferred to the education and training fund annually under this
subsection shall be spent by the cooperative for education and training purposes; WHILE
THE OTHER HALF MAY BE REMITTED TO A UNION OR FEDERATION CHOSEN BY
THE COOPERATIVE OR OF WHICH IT IS A MEMBER. The said union or federation
shall submit to the Authority and to its contributing cooperatives the following schedules:
"(i) List of cooperatives which have remitted their respective Cooperative Education
and Training Funds (CETF);
"(ii) Business consultancy assistance to include the nature and cost; and
"(iii) Other training activities undertaken specifying therein the nature, participants
and cost of each activity.
In the provision of Article 86(2) of RA 9520, noticeable is the phrase “MAY
BE REMITTED” has two modifiers, “UNION OR FEDERATION” and “CHOSEN
BY THE COOPERATIVE OR OF WHICH IT IS A MEMBER”. With these
modifiers, there seem to be no question that “MAY” refers to the OPTION
AS TO WHETHER REMITTANCE IS TO BE MADE TO A UNION OR
FEDERATION and an OPTION AS TO WHETHER THAT UNION OR
FEDERATION IS AS CHOSEN BY THE COOPERATIVE OR A UNION OR
FEDERATION TO WHICH IT IS A MEMBER and NOT AS TO THE
OPTION WHETHER TO REMIT OR NOT TO REMIT.