Guidelines in the Issuance of New Certificate of Registration Under the Philippine Cooperative Code of 2008 (R.A. 9520)

July 7, 2009

CDA MEMORANDUM CIRCULAR NO. 002-09

 

Pursuant to Article 144 of Republic Act No. 9520, otherwise known as the "Philippine Cooperative Code of 2008", the Cooperative Development Authority hereby adopts and promulgates the following Guidelines as approved under Board of Administrators Resolution No. 164, S-2009 dated July 7, 2009.

SECTION 1. Coverage. — These Guidelines shall cover the issuance of new Certificate of Registration of all types and categories of registered and confirmed cooperatives that are existing prior to 22 March 2009 except for cancelled and dissolved cooperatives.

SECTION 2. Period to Register. — The Registration shall start immediately upon the effectivity of these Guidelines and ends on March 22, 2010.

SECTION 3. Definition. — The following definitions shall govern in the uniform interpretation of these guidelines: DEHcTI

a. Registration — is the operative act of the Authority confirming the juridical personality of registered and confirmed cooperatives with the Authority through the issuance of new certificate of registration under its seal and in compliance with Article 144 of R.A. 9520.

b. Certificate of Registration — A document issued by the Authority evidencing the due execution of registration confirming the juridical personality of an existing cooperative.

c. Operating cooperative — refers to cooperative that has performed business whether operating on net surplus or net loss and cooperative operation including those that have not commenced business and cooperative operation within two (2) years from the date of registration.

d. Non-Operating Cooperatives — are those cooperatives which have not commenced business and operation within two (2) years after the date shown on its Certificate of Registration or have not carried on business for two (2) consecutive years.

e. Newly Organized Cooperatives — are those cooperatives organized and registered under R.A. 6938 a year before the effectivity of R.A. 9520 or from March 2008 to March 22, 2009.

f. Deemed Cancelled Motu Proprio — The legal existence and juridical personality of a cooperative is automatically terminated and all its powers, functions, rights, privileges granted to such cooperative are extinguished for failure to secure a new certificate of registration in compliance with Article 144 of R.A. 9520. DTaAHS

SECTION 4. Requirements. —

All qualified registered and confirmed cooperatives shall submit the following documents to the concerned office of the Authority, to wit:

1) original copy of certificate of registration or certificate of confirmation including certificate of amendment/s, if applicable. In case of loss, the cooperative should present a Board Resolution duly notarized attesting to the circumstances on why the document(s) cannot be surrendered to the CDA;

2) photocopy of registered articles of cooperation and by-laws including registered amendment/s;

3) copy of latest audited financial statements as of December 31, 2007 and/or 2008 and/or 2009;

However, newly organized cooperative with no audited financial statement may submit interim financial statement prepared by the bookkeeper and attested by the Chairman of the cooperative.

SECTION 5. Fees. —

The cooperative shall pay the basic registration fees in accordance with MC 2004-07 on the registration of cooperatives depending on their category. SDHAEC

SECTION 6. Venue for Registration. —

The concerned primary or secondary cooperative shall file the documents mentioned in Section 4 with the nearest CDA Extension Office (EO) having jurisdiction over them. Tertiary Cooperative Federations and Unions with national coverage and other types of cooperatives such as electric cooperatives, cooperative banks and insurance cooperatives shall file their documents with the CDA Central Office.

However, a cooperative that has officially transferred its operation and principal office to another region shall register in the EO that has jurisdiction over their present principal office address.

SECTION 7. Procedure. —

1. For cooperatives with on-line access

a. Initially, the applicant cooperative files application for registration through on-line (Internet) by accessing Registration under Article 144 of R.A. 9520 at CDA Website, www.cda.gov.ph;

b. The Cooperative Identification Number (CIN) issued to cooperative shall serve as username to access the application form. For those without CIN, cooperative shall request for the issuance of CIN in accordance with the approved guidelines. cITAaD

c. The cooperative shall fill up the necessary information required in the application form. If the CIN is invalid or the cooperative has no CIN, the cooperative shall go to CDA Extension Office for verification of their status and may be issued one in accordance with the appropriate guidelines.

d. After completing the application form, click the submit button to print the checklist of documents to be submitted to the concerned CDA Office. Specific instructions on what steps to be done are also written in the checklist.

e. Finally, the applicant shall submit the required documents together with the checklist printed on-line within 15 days from the date of printed notice to the concerned CDA Extension or Field Office.

2. For cooperatives without on-line access

a. Applicant cooperative shall proceed to the concerned CDA Extension or Field Office for assistance. However, they may opt to seek assistance from the following:

i. existing union or federation of cooperatives,

ii. Cooperative Development Office of concerned Local Government Unit, or

iii. National Economic Research and Business Assistance Center (NERBAC), which can be found in the strategic location in the regions. THDIaC

b. The assisting officer shall file application for registration through on-line (Internet) by accessing Registration under Article 144 of R.A. 9520 at CDA Website, www.cda.gov.ph;

c. The Cooperative Identification Number (CIN) issued to cooperative shall serve as username to access the application form. If the CIN is invalid or the cooperative has no CIN, the cooperative shall go to CDA Extension Office for verification of their status and may be issued one in accordance with the appropriate guidelines.

d. Encode/fill up the necessary information required in the application form.

e. After completing the application form, click the submit button to print the checklist of documents to be submitted to the concerned CDA Extension or Field Office. Specific instructions on what steps to be done are also written in the checklist.

f. Finally, the applicant shall submit the required documents together with the checklist printed on-line within 15 days from the date of printed notice to the concerned CDA Extension or Field Office. DCSETa

SECTION 8. Non-Operating Cooperatives. —

Cooperatives classified as non-operating are advised to proceed immediately to the concerned CDA Extension Office for evaluation of their status. Dissolved and cancelled cooperatives shall not be eligible for the issuance of new Certificate of Registration under R.A. 9520.

SECTION 9. Issuance of New Certificate of Registration. —

A new Certificate of Registration shall be issued to all qualified cooperatives in the form and style as approved and replaces all previous certificate of registration or certificate of confirmation pursuant to these guidelines.

A cooperative issued with new certificate of registration shall have a period of one (1) year within which to amend their article of cooperation and by-laws to conform with the provisions of R.A. 9520.

SECTION 10. Transitory Provisions. —

a) Cooperatives issued with new Certificate of Registration under Art. 144 R.A. 9520 shall continue to legally exist for the period provided in their original Articles of Cooperation, unless previously amended.

b) All cooperatives registered under the previous law and have failed to comply with the provisions of Art. 144 R.A. 9520 up to March 22, 2010 pursuant to these guidelines shall be deemed cancelled motu proprio. The CDA shall cause the cancellation of such cooperatives. DSITEH

SECTION 11. Repeal. — All previous circulars and/or guidelines issued by the Authority which are inconsistent with these guidelines are hereby repealed and/or modified accordingly.

SECTION 12. Effectivity. — These Guidelines shall take effect fifteen (15) days from submission of copy hereof to the Office of the National Administrative Register (ONAR).

Approved in Quezon City, Philippines, this 7th day of July, 2009.

 

(SGD.) HON. SEGFREDO O. BUAGASAdministrator

 

(SGD.) HON. MANUEL C. LAPEÑAAdministrator

 

(SGD.) HON. SALAMAN D. MANGCAAdministrator

 

(SGD.) HON. FULGENCIO A. VIGAREAdministrator

 

(SGD.) HON. ROSALINDA E. VILLASECAAdministrator

 

(SGD.) HON. LECIRA V. JUAREZChairperson