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46796292 the-philippine-cooperative-code-of-2008-republic-act-no-9520


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co-operative act

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  • is there no provisions regarding relationships of coop officers? ex. GM is a brother of a BOD is there no prohibitions in RA9520?
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46796292 the-philippine-cooperative-code-of-2008-republic-act-no-9520

  1. 1. The Philippine CooperativeThe Philippine Cooperative Code of 2008Code of 2008 (Republic Act No. 9520)(Republic Act No. 9520) Salient Features 4th NATIONAL TRIPARTITE CONFERENCE
  2. 2. Background  Amended the Coop Code promulgated in 1990;  Discussed in four (4) Congresses (starting the 11th Congress up to the 14th) spanning over ten (10) years;  Approved by the Bicameral Committee on November 18,2008;  Signed into law last February 17,2009
  3. 3. The Republic Act No. 6938The Republic Act No. 6938  The Cooperative Code of the Philippines  Enacted into law on March 10, 1990
  4. 4. The Republic Act No. 9520The Republic Act No. 9520  The Philippine Cooperative Code of 2008 (Article1)  Signed on February 17, 2009  Published on March 7, 2009  Effective March 22, 2009
  5. 5. State PolicyState Policy (Article 2)(Article 2)  Foster creation and growth of cooperatives as a practical vehicle for self- reliance and harnessing people power for the attainment of economic development and social justice  Encourage private sector to undertake actual formation and organization;  Create an atmosphere conducive to the growth and development of cooperatives
  6. 6. State PolicyState Policy  Ensure technical guidance, financial assistance and other services  Recognizes the principle of subsidiarity wherein the sector will initiate the promotion and organization, training and research, audit and support services with government assistance where necessary
  7. 7. Cooperatives definedCooperatives defined (Article 3)(Article 3) An autonomous and duly registered association of persons, with a common bond of interest, who have voluntarily joined together to achieve their social, economic and cultural needs and aspirations by making equitable contributions to the capital required, patronizing their products and services, and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles.
  8. 8. Cooperative PrinciplesCooperative Principles (Article 4)(Article 4) • Patterned after the Principles as formulated by the International Co- operative Alliance (ICA) – Voluntary and Open Membership – Democratic Member Control – Member Economic Participation – Autonomy and Independence – Education, Training and Information – Cooperation Among Cooperatives – Concern for Community
  9. 9. Additional DefinitionsAdditional Definitions (Article 5)(Article 5)  Representative assembly – full membership elected by sectors, chapter or district to exercise powers delegated to them by the general assembly  Officers – members of board of directors, different committees created by the GA, general manager or CEO, secretary, treasurer and members holding other positions as provided for in their bylaws
  10. 10. Additional DefinitionsAdditional Definitions  Social Audit – a procedure wherein the cooperative assesses its social impact and ethical performance vis-à-vis its stated mission, vision, goals and code of social responsibility for coops…  Performance Audit – refer to an audit on the efficiency and effectiveness of the cooperative as a whole, its management and officers, and its various responsibility centers…
  11. 11. Additional DefinitionsAdditional Definitions  Subsidiary cooperative – any organization all or majority of whose membership comes from a cooperative, organized for any other purpose different from that of, and receives technical, managerial and financial assistance from, a cooperative  Federation of cooperatives– three or more primary cooperatives, doing the same line of business
  12. 12. Purposes of CooperativesPurposes of Cooperatives (Article 6)(Article 6)  Encourage thrift and savings mobilization;  Generate funds and extend credit;  Encourage systematic production and marketing;  Provide goods and services and other requirements;  Develop expertise and skills among members;  Acquire land and provide housing benefits
  13. 13. Purposes of CooperativesPurposes of Cooperatives  Insure against losses of members;  Establish, own, lease or operate cooperative banks, wholesale and retail complexes, insurance and agricultural/ industrial processing enterprises and public markets;  Coordinate and facilitate activities of cooperatives;  Advocate for the cause of the cooperative movement
  14. 14. Purposes of CooperativesPurposes of Cooperatives  Ensure viability of cooperatives through utilization of new technologies;  Encourage and promote self-help or self- employment as an engine for economic growth and poverty alleviation; and  Undertake any and all activities for the efficient and effective implementation of the provisions.
  15. 15. Powers and CapacitiesPowers and Capacities (Article 9)(Article 9)  Exclusive use of registered names, to sue and be sued;  Of succession;  To amend its articles;  To adopt its bylaws not contrary to law, morals or public policy  Deal with real and personal property  Enter into division, merger or consolidation
  16. 16. Powers and CapacitiesPowers and Capacities  Form subsidiary cooperatives and join federations and unions;  Avail of loans, credits, grants, donations from domestic and foreign sources;  Avail of preferential rights under RA7160;  Organize and operate schools in accordance with RA 9155
  17. 17. Requirements for RegistrationRequirements for Registration (Articles 10,11,14,15,)(Articles 10,11,14,15,)  Pre-membership Education Seminar required  Newly organized primary may be registered as MPC after compliance with requirements set by CDA; SPC may transform into an MPC or create subsidiaries after two (2) years  Economic Survey including staffing pattern which includes at least a bookkeeper  Articles of Cooperation At least 15 members Minimum Capitalization of PhP 15,000; reviewed every 5 years  By-laws  Bonds of accountable officers
  18. 18. AmendmentsAmendments (Article 18)(Article 18)  Amendments need 2/3 vote of members with voting rights  Merger, consolidation and division of cooperatives require 3/4 of all members with voting rights present and constituting a quorum
  19. 19. TypesTypes (Article 23)(Article 23)  Credit – promotes and undertakes savings and lending services to its members;  Consumers – to procure and distribute commodities to members and non- members;  Producers – undertakes joint production whether agricultural or industrial
  20. 20. TypesTypes  Marketing – supply of production inputs and markets their products;  Service – engages in medical and dental care, hospitalization, transportation, insurance, housing, labor, electric light and power, communication, professional and other services;  Multi-purpose – combines 2 or more business activities
  21. 21. Additional Types ofAdditional Types of CooperativesCooperatives  Advocacy – promotes and advocates cooperativism among its members and the public;  Agrarian Reform – organized by marginal farmers majority of whom are agrarian reform beneficiaries;  Cooperative Bank – providing a wide range of financial services to cooperatives and their members;  Dairy – production of fresh milk which may be processed and/or marketed as dairy products;
  22. 22. Additional TypesAdditional Types  Education – owning and operating licensed educational institutions;  Electric – undertaking power generation, acquisition and operation of subtransmission or distribution to its household members;  Financial service – engaging in savings and credit services and other financial services;
  23. 23. Additional TypesAdditional Types  Fishermen – marginalized fishermen where their products are marketed either as fresh or processed products;  Health Services – providing medical, dental and other health services;  Housing – assist or provide access to housing for members who participate in the savings program for housing;  Insurance – business of insuring life and property of cooperatives and members
  24. 24. Additional TypesAdditional Types  Transport – services including land and sea transportation;  Water Service – own, operate and manage water systems for the provision and distribution of potable water to its members;  Workers – organized by workers, including self-employed, to provide employment and business opportunities  Other types as maybe determined by the Authority
  25. 25. Functions of a Coop FederationFunctions of a Coop Federation ( Article 24)( Article 24)  Functions should complement, augment or supplement but does not conflict , compete with, nor supplant the business or economic activities of its members.
  26. 26. MembershipMembership (Chapter 3, Art.26)(Chapter 3, Art.26)  Kinds of Membership 1. Regular member one who has complied with all the membership requirements and entitled to all rights and privileges of membership. 2. Associate member one who has no right to vote or be voted upon and shall be entitled only to such rights and privileges as the by laws may provide.
  27. 27. Membership  Legal age, Filipino citizens  Capable and willing to perform the responsibilities of a member  Allows associate members but needs to qualify for regular membership within (2) years  All elective officials are ineligible to be officers or directors of cooperatives except party-list representatives
  28. 28. General AssemblyGeneral Assembly (Chapter 4,)(Chapter 4,)  Shall be the highest policy making body of the cooperative  3/4 vote of members required to delegate some powers to a representative assembly  Quorum is at least 25% of all members entitled to vote  Voting in primary cooperatives is strictly one-member, one vote and no proxies allowed except for representative assembly
  29. 29. Board of DirectorsBoard of Directors (Articles 37,38,(Articles 37,38, 39)39)  Responsible for strategic planning, direction, setting and policy formulation  Term shall be fixed in the coop bylaws. A term is 2 years  Prohibition against holding any other position involved in the day-to-day operations and management  Disqualification of persons engaged in business similar to the cooperative
  30. 30. Committees and OfficersCommittees and Officers (Art.43)(Art.43)  Additional committees Mediation and Conciliation Ethics  All officers and committee members required to undergo trainings conducted by accredited institutions by the CDA  No compensation except for per diems. If cooperative reports a net loss for the preceding year, officers are not entitled to per diems  Removal of officers may be done by a majority vote of the members
  31. 31. Functions, Responsibilities and Training Requirements (Article 44)  The functions and responsibilities of the directors, officers and committee members, AS WELL AS THEIR TRAINING REQUIREMENTS, shall be IN ACCRODANCE WITH THE RULES AND REGULATIONS ISSUED BY THE AUTHORITY.
  32. 32. Responsibilities of CooperativesResponsibilities of Cooperatives  Accountant or bookkeeper is responsible for maintenance and safekeeping of books of accounts  Audit committee responsible for continuous and periodic review of books of accounts; monitor adequacy and effectiveness of management’s control system and audit the performance of the cooperative  Audited financial statements required to be posted in principal office
  33. 33. Annual ReportsAnnual Reports (Article 53)(Article 53)  Filed within 120 days from close of calendar year  Regular activities including socio-civic undertakings  Must show their progress and achievements  The form and contents of the report shall be prescribed by the rules of the Authority  Liability for non-submission is fines and other penalties imposable until the cooperative has complied with the requirements
  34. 34. Tax Treatment of CooperativesTax Treatment of Cooperatives (Article 60, 61)(Article 60, 61)  Not subject to taxes and fees imposed under NIRC and other tax laws for cooperatives transacting business with members only  Transactions with members are not subject to taxes and fees, including final tax on members’ deposits and documentary tax
  35. 35. Tax ExemptionsTax Exemptions  Non-members will pay VAT; coop will collect and remit to BIR  Provided, finally that at least 25% of net surplus of coop is returned to members as interest and patronage refund  Cooperative is responsible for collection and remittance of individual withholding taxes (proper recording)
  36. 36. Additional PrivilegesAdditional Privileges  Faculty cooperatives have right of first refusal in management of canteen and other services related to the operations of educational institutions  Housing agencies and financial institutions shall create a window for financing housing projects
  37. 37. CapitalCapital  Subsidies, donations, legacies, grants, and aids shall not be divided into individual share capital holdings anytime but subject to escheat proceedings upon dissolution  Limitation on share capital held by one member reduced from 20% to 10%  Reasonable and realistic member capital build-up program to allow the continuing growth f the members’ investment in the coop
  38. 38. AuditAudit  Financial audit conducted by external auditor in good standing with PICPA and accredited by Board of Accountancy and CDA  Social and performance audits may be conducted by an independent social auditor accredited by CDA
  39. 39. Social AuditingSocial Auditing  Based on the 7th Cooperative Principle – Concern for Community  Defined as the systematic review and appraisal of the cooperative in relation to the development of its most essential building blocks-its members, its people, and its distinctive contribution to the development of its community and society as a whole.
  40. 40. Distribution of Net SurplusDistribution of Net Surplus  At least10% of net surplus; however, in first 5 years after registration, this is not less than 50% of the net surplus  Not for than 10% for CETF; half to be used by the cooperative; other half is remitted to the federation/union chosen by the cooperative  Federation/ union should submit: (a) list of contributing cooperatives; business consultancy assistance with nature and cost; and (c) training activities specifying the nature, participants, and cost
  41. 41. Distribution of Net SurplusDistribution of Net Surplus  Not less than 3% for community development fund for projects/activities for the benefit of the community where the cooperative operates  Not more than 7% for optional fund, land and building, and other funds
  42. 42. Other ProvisionsOther Provisions  Additional Special Provisions Transportation Cooperatives Electric Cooperatives Cooperative Banks Credit Cooperatives Financial Service Cooperatives Housing Cooperatives  Conciliation and Mediation Committee (ADR)  Additional Penal Provisions  CDA allowed to formulate rules on the Cooperative Code on certain provisions
  43. 43. Other ProvisionsOther Provisions  Congressional Oversight Committee to review and approve the implementing rules and regulations  Re-registration of all cooperatives to confirm their status by submitting: (a) Certificate of Registration/Confirmation; (b) articles of cooperation; (c) bylaws; and (d) latest audited financial statement  Must secure tax exemption certificate from BIR
  44. 44. Changes in the New Coop Code are not threats, they are opportunities that can be pursued.
  45. 45. THANK YOU & MAY GOD BLESS YOU… LECIRA V. JUAREZ Chairperson Cooperative Development Authority