Ms. Rosario D. Dela Rosa
SEC Opinion • Securities and Exchange Commission • Opinions • Dec 10, 1992
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December 10, 1992 Ms. Rosario D. Dela Rosa Department of Social Welfare and Development Batasang Pambansa Complex Constitution Hills, Quezon City M a d a m : This refers to your letter of November 25, 1992 requesting clarification on the following queries: 1. Can the registration with the Cooperative Development Authority take the place of SEC registration? cdll 2. What is the difference between the two registrations in terms of the agency's/organization's liability? 3. Is there no need to register with the SEC if the agency has a Cooperative Development Authority registration? Please be advised that the Commission has no more jurisdiction over "cooperatives". Under Presidential Decree No. 175, as amended, the registration and regulation of cooperatives were transferred to the Bureau of Cooperatives Development (now the Cooperative Development Authority pursuant to Republic Act 6938, otherwise known as the Cooperative Code of the Philippines). It is explicit under R.A. No. 6938 that a "cooperative" acquires a juridical personality upon registration with the Cooperative Development Authority. Said Law provides thus: "ARTICLE 16. Registration . A cooperative formed or organized under this Code acquires juridical personality from the date the Cooperative Development Authority issues a certificate of registration under its official seal. . . . (Emphasis supplied) Accordingly, cooperatives which are registered with the Cooperative Development Authority pursuant to the above-mentioned Law need not be registered again with the SEC in order to acquire a juridical personality. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman
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