Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520
CDA Memorandum Circular No. 006-13 clarifies the rights of cooperative members under Articles 83 and 52 of RA 9520, which govern members' access to cooperative records. Members have the right to examine specified records during reasonable hours and can request copies without charge, barring reproduction costs. Officers who deny access without proper board resolution may face liability, while directors who support such denials are also held accountable. However, members cannot access subsidiary ledgers or records of other members beyond their personal records. This policy is intended to ensure transparency and good governance within cooperatives.
Quick Answers
- What is Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520 about?
- CDA Memorandum Circular No. 006-13 clarifies the rights of cooperative members under Articles 83 and 52 of RA 9520, which govern members' access to cooperative records. Members have the right to examine specified records during reasonable hours and can request copies without charge, barring reproduction costs. Officers who deny access without proper board resolution may face liability, while directors who support such denials are also held accountable. However, members cannot access subsidiary ledgers or records of other members beyond their personal records. This policy is intended to ensure transparency and good governance within cooperatives.
- What type of law is CDA Memorandum Circular No. 006-13?
- Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520 (CDA Memorandum Circular No. 006-13) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520 enacted?
- Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520 (CDA Memorandum Circular No. 006-13) was enacted on Feb 7, 2013.
- What is the citation for Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520?
- Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520, CDA Memorandum Circular No. 006-13, Feb 7, 2013 (Philippines)
Law Information
- Reference Number
- CDA Memorandum Circular No. 006-13
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Cooperatives
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
February 7, 2013
CDA MEMORANDUM CIRCULAR NO. 006-13
| TO | : | All Concerned |
| SUBJECT | : | Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520 |
Article 83 of RA 9520 states that:
"Right to Examine.
A member shall have the right to examine the records required to be kept by the cooperative under Article 52 of this Code during reasonable hours on business days and he may demand, in writing, for a copy of excerpts from said records without charge except the cost of reproduction.
Any officer of the cooperative who shall refuse to allow any member of the cooperative to examine and copy excerpts from its records shall be liable to such member for damages and shall be guilty of any offense which shall be punishable under Article 140 of this Code: Provided, That if such refusal is pursuant to a resolution or order of the board of directors, the liability under this article shall be imposed upon the directors who voted for such refusal: Provided, further, That it shall be a defense to any action under the article that the member demanding to examine and copy excerpts from the cooperative records has improperly used any information secured through any prior examination of the records of such cooperative or was not acting in good faith or for a legitimate purpose in making his demand."
Article 52 of RA 9520 states that:
"(1) Every cooperative shall have the following documents ready and accessible to the members and representatives of the Authority for inspection during reasonable office hours at the official address:
(a) A copy of RA 9520 and all other laws pertaining to cooperatives; IcTaAH
(b) A copy of the regulations of the Authority;
(c) A copy of the articles of cooperation and bylaws of the cooperative;
(d) A register of members;
(e) The books of the minutes of the meetings of the general assembly, board of directors and committee;
(f) Share books, where applicable;
(g) Financial statement; and
(h) Such other documents as may be prescribed by laws or the by-laws.
xxx xxx xxx."
The right to examine shall be strictly limited to the foregoing enumeration, but shall in no case include Subsidiary Ledgers and records of natural or juridical members other than their own personal records.
For information and guidance.
APPROVED per CDA Board Resolution No. 044, s-2013 dated February 7, 2013, Quezon City, Philippines.
For the Board of Administrators
By:
(SGD.) EMMANUEL M. SANTIAGUEL, Ph.D.Chairman
ATTACHMENT
EXCERPTS FROM THE
| PRESENT: | ||
| Hon. Emmanuel M. Santiaguel, Ph.D. | - | Chairman/Presiding Officer |
| Hon. Nelon B. Alindogan | - | Administrator |
| Hon. Mercedes D. Castillo | - | Administrator |
| Hon. Eulogio T. Castillo, Ph.D. | - | Administrator |
| ALSO PRESENT: | ||
| Atty. Niel A. Santillan | - | Executive Director |
RESOLUTION NO. 044, s-2013
Upon motion of Adm. Nelon B. Alindogan duly seconded by Adm. Mercedes D. Castillo, be it RESOLVED as it is hereby RESOLVED to approve the Memo Circular on the Clarificatory Policy on the Member's Right to Examine under Art. 83 in Relation to Art. 52 of R.A. 9520. CSaITD
APPROVED.
xxx xxx xxx
This is to certify that the foregoing is true and correct from the minutes of the CDA Board of Administrators' Special Meeting.
(SGD.) MARY GRACE I. CINCOActing Board Secretary IV
ATTESTED:
(SGD.) EMMANUEL M. SANTIAGUEL, Ph.D. Chairman
Cite This Law
Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520, CDA Memorandum Circular No. 006-13, Feb 7, 2013 (Philippines)
Clarificatory Policy on the Member's Right to Examine Under Article 83 in Relation to Article 52 of RA 9520, CDA Memorandum Circular No. 006-13 (Phil. 2013)
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