This document provides an overview of cooperatives in the Philippines, including definitions, principles, laws and regulations, types of cooperatives, steps to form a cooperative, organizational structure, rights and responsibilities of members, and factors for success. Specifically, it defines a cooperative as a registered association of people with a common interest working together for economic or social goals. It also outlines the seven cooperative principles of voluntary membership, democratic control, limited return on capital, member economic participation, education and training, cooperation among cooperatives, and concern for community.

1. Lectures for Basic Seminar on Cooperative Development (Pre-Membership Education Seminar) GAPHOR M. PANIMBANG Adiong Memorial Polytechnic State College March 25-27, 2007

2. What Is A Cooperative? A cooperative is a duly registered association of persons with a common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable to contribution to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principle.

3. What are the Principles of Cooperativism? The first principle is anchored on voluntarism The second principle is democracy The third principle is the limitation of share capital interest The fourth principle is sharing all location of cooperatives surplus or savings. The fifth principle, makes provision for the education and training of cooperatives members, officers and employees, and of the general public in the principles and techniques of cooperation. The sixth principle harps on the promotion of cooperation between cooperatives at local, national and international levels The seventh principle is the concern for community by working for its sustainable development through policies approved by the cooperative members.

4. What are the basic laws that govern organization and administration of cooperatives in the Philippines ? Republic Act 6938 known as Cooperative Code of the Philippines . Republic Act 6939 creating the Cooperative Development Authority

5. What Are The Kinds Of Cooperative? Credit Cooperative - promotes thrift and savings among its members and creates funds in order to grant loans for productivity Consumer Cooperative - the primary purpose is to procure and distribute commodities to member and non-members; Producers Cooperative - undertakes joint production whether agricultural or industrial; Service Cooperative - engages in medical, and dental care, hospitalization, transportation, insurance, housing , labor, electric light and power, communication and other services; and Multi- Purpose Cooperative - combines two (2) or more of the business activities of these different types of cooperatives;

6. Multi-Purpose Cooperative cont’n… According to membership and territory, the following are the categories of cooperatives: In terns of membership: I .Primary -The members of which are natural persons of legal age; II .Secondary- The members of which are primaries; III. Tertiary - The member of which are secondaries upward to one or more apex organizations. Cooperatives whose members are cooperatives are called federations or unions. In terms of territory, cooperatives are categorized according to areas of operation which may not be coincide with the political subdivisions of the country.

7. What are the General Steps in Forming a Cooperative? First , get organized Second , prepare a general statement called an economic survey Third , draft the cooperatives by-laws Fourth , draft the articles of cooperation Sixth , register your cooperative with the Cooperative Development Authority (CDA) In every step, you may consult the CDA. The CDA emphasizes education as a key to the success of cooperatives.

8. Who May Become Members of a Primary Cooperative? If you are a Filipino of legal age, you can be a coop member if you meet the qualifications prescribed by the coop's by laws. The board of directors act on application for membership. A member may exercise his rights only after having paid the fees for membership and acquired shares in the cooperative,

9. What are the Kinds of Membership in the Cooperative? A cooperative has two kinds of members; regular members and associate members. A regular member is entitled to all the rights and privileged of membership as stated in the Cooperative Code and the coops by- laws. An associate member has no right to vote and to be voted upon and is entitled to such rights and privileged provided by the cooperatives by laws.

10. What is the Minimum Number of Members in a Cooperative? Fifteen (15) natural persons of legal age who are citizens of the Philippines

11. Can Government Officers and Employees Join a Cooperative? Yes, provided that: Any officer of the government of the CDA shall be disqualified to be elected or appointed to any position in a cooperative; Elected officials of the government, except barangay officials, shall be ineligible to become officers and directors of cooperatives; and Any government employee may, in the discharge of his duties as member in the cooperative, use official time provided that the operations of the office where he works are not adversely affected.

12. What is an Economic Survey? An economic survey is a general statement describing the structure, purpose, economic feasibility of the proposed cooperative, area of operation, size of membership and other pertinent data. It is, in fact a project feasibility study The structure describes the kind of cooperative being set, up whether it is primary, secondary or tertiary and whether it is a credit, consumer transport or any other type of coop.

13. What Are Cooperative By-Laws? The qualifications for membership; how they are acquired, maintained and lost; The rights and obligations of members; The condition for transfer of a share of interest; The rules and procedures covering agenda, time, place, and manner of calling, covering , conduct meeting, quorum requirements, voting system, and other, matters related to the business affairs of the general assembly, board of directors, and committees; The general conduct of the affairs of the cooperative , including the powers and duties of the general assembly, board of directors, committees and the officers, and their qualifications and disqualifications; The manner in which capital may be raise and purpose for which it can be utilized; The mode of custody and investment of net surplus; The accounting and auditing systems. The manner and limitations of loaning and barrowing, including limitations; The methods of distribution of net surplus; The manner of adopting, amending, repealing, and abrogating by-laws; A conciliation or mediation mechanism for the amicable settlement of disputes among members, directors, officers and committees; and Other matter pertaining to the purpose and activities of the cooperative.

14. What does The Article of Cooperation contain? The Article of Cooperation is a duly notarized document that legally binds all the signatories in the formation of a cooperative. It should contain: The name of the cooperative which shall include the word " cooperative, " e.g. Sta. Maria Multi-Purpose Cooperative; The purpose of the cooperative and scope of business; The term of existence of the cooperative (not more than 50 years); The area of operation and the postal address of the registrants; The common bond of membership; The list of names of the directors who shall manage the cooperative; and The amount of its share capital, the names, and residences of its contributors and a statement of whether the cooperative is primary, secondary of tertiary in accordance with Article 23 of R.A 6938.

15. Does A Cooperative Follow A Basic Organizational Structure Yes. Your cooperative will need at least the following for its day to day operation. General Assembly Board of Directors Set of Officers Committee System Hired management/ paid employees

16. What Is The General Assembly? The General Assembly is the highest policy-making body of the cooperative and is the final authority in the management and administration of the affairs of the cooperative. It is composed of members who are entitled to vote, duly assembled and constituting quorum. The general assembly holds at least one meeting a year; the date of the meeting is fixed in the by laws, or within 90 days after the close of each fiscal year. For newly registered cooperatives a special general assembly meeting must be called within 90 days from the date of approval.

17. What Are The Powers Of The General Assembly? The General has the following exclusive powers which cannot be delegated: To determine and approve amendments to the articles of cooperation and by laws; To elect or appoint the members of the board of directors, and to remove them for cause; To approve developmental plans of the cooperative; and Other matters requiring a 2/3 vote of all the members of the general assembly

18. What Is The Board Of Directors? The Board of Directors is the body that formulates policies, directs, supervises and manage the business of the cooperative. It is composed of five (5) to fifteen (15) members elected by the general assembly. Their term of office is determined by the laws of the cooperative. A term of office must not exceed two years. Also no director can serve for more than three (3) consecutive terms. The board of directors must hold monthly meetings, unless the by laws say otherwise. Special meetings may be called any time by the chairman. Directors cannot attend or vote by proxy at board meetings.

19. Who Can Be Members Of The Board Of Directors? All regular members who meet the qualification and none of the disqualification set by the laws of the cooperative can be elected to the board of directors.

20. How Are The Officers Of The Cooperative Chosen? The board of directors elect among themselves only the chairman and vice- chairman. Then they either elect or appoint the other officers needed by the cooperative, such as the treasurer who takes custody of all the moneys, securities and papers and maintains complete records of its cash transactions and secretary who keeps the records of the cooperative.

21. What Are The Committees Needed By A Cooperative? Through the bylaws, a cooperative may be form any committee it thinks necessary for its operation. An executive committee may also be formed. The board of directors appoints its members and may, through a majority vote, delegate powers to it. As a reminder an audit committee must be provided for in the bylaws of the cooperative.

22. What Constitutes A Quorum? Unless the by laws define it otherwise, a quorum consist of 25% of all the regular members entitled to vote. For the board of directors a simple majority of its member makes a quorum.

23. What Books Should Be Maintained And Kept Open? Books to be maintained and kept open to the members of the cooperative and the CDA are : A copy of the Cooperative Code of the Philippines and all other laws about cooperatives; A copy of the regulations of the CDA; A register of member; Minutes of the meetings of the general assembly, board of directors and committees; Share books; Financial statements; and Other documents as may be prescribed by laws or the by-laws.

24. Are Cooperatives Required To Be Audited Annually? Yes, Cooperatives are subject to an annual audit by an auditor who is independent of the cooperative being audited and of any subsidiary of the cooperative and is a member of any recognized professional accounting or cooperative auditor's association with similar qualifications.

25. Is There A Needed For An Annual Report? Yes. An annual report about the affairs of the cooperative must be given to each member and to the federation/union to which it is affiliated and the CDA every fiscal year. Failure to file the annual report may result in cancellation of the certificate of registration

26. What Are The General Privileges Enjoyed By Cooperatives? These privileges are: Three right to deposit their valuable in government offices free of charge with the government official acting as custodian of such valuables. Free use of space, when the cooperative members are government employees, in the same government office. Special types of coops like cold storage, electricity, transport and similar services can open their membership to all persons qualified in their areas of operation. The preferential right to supply government offices with their produce, in the allocation of fertilizer and rice distribution, use of butteries for shipment of their goods, and in the management of public markets. Entitlement to loans, credit line, and rediscounting of notes with government financial institution like PNB, Land Bank and DBP. Exemption from prequalification requirements when bidding for a government project. The right to be represented by the provincial or city fiscal or the Office of the Solicitor general, free of charge in legal suits.

27. What are the benefits derived from membership in cooperatives? Economic Benefits Members develop the habit of thrift and the wise use of money. Members avail of loans at reasonable rate of interest for productive and provident purposes; thus, increasing the members' income. Social Benefits Members develop awareness in solving common problems or needs among themselves. Members develop the feeling of belongingness, love and concern for fellowmen. Membership in cooperative inculcates unified participation in community affairs

28. How Is The Net Surplus Of A Cooperative Allocated And Distributed? As far as the coop is concerned, this excess payment or surplus is considered as having been returned to the members if the surplus is distributed in the following manner: First priority goes to the reserve fund at least 10 percent of the net surplus. Second priority goes to the Education and Training fund which is not more than 10 percent of net surplus Third priority is an optional fund, a land and building fund, community development fund and any other necessary funds

29. What Are The General Requirements in Registering a Cooperative? You will need four copies each of the Economic Survey, By -Laws and Articles of Cooperation. The Articles of Cooperation should be duly notarized and accompanied by there following. Bonds of the accountable officers (any director, officer and employee handling funds, securities offices and employee handling funds, securities or properties on behalf of the cooperative. The board of directors determine the amount of bonds required based on the initial network which shall include the paid-up capital, membership fees and other assets of the cooperative at the time of registration); and Sworn statement of the treasurer showing that at least 25% of the authorized share has been subscribed and at least 25% of the total subscription has been paid. The paid-up capital must not be less than P2,000. It must be noted that no member may own more than 20% of the subscribed capital; and that each share must not be less than P1.00

30. How Much Is The Registration Fee? CDA Memorandum Circular No. 92-004, effective 01 May 1992 provides that provides that registration fee shall be one tenth (1/10) of one percent of the paid- up share capital with the minimum of: P250 for new primary cooperative; P500 for secondary cooperative, P2,000.00 for tertiary cooperative while laboratory cooperative is free of charge.

31. Cooperative Process WELFARE Articles of Cooperation By Laws, Rules & Regulations Other policies BOD’s Committee Officers/ members GENERAL ASSYMBLY Elect/appoints Plan/formulates

32. What are the Success Factors of Cooperative Members recognition of common needs Members determination to help themselves Members conviction that group action offer advantageous Presence of good members and capable dedicated leaders Good record keeping system Frequent Audit Continuous cooperative education Training of officers and members Proper Guidance Other factors: Financial Assistance

33. Savings Mobilization & Capital Build Up Program (SMCBUP)

34. Capital Build Up A cooperative shall have a capital formation process for the operation of its business The capitalization of cooperatives and the accounting therefore shall be governed by the provisions of the Cooperative Code and the regulations issued hereunder The shares of cooperatives are registered with the CDA those of corporations are registered with SEC

35. Capital Sources Art 73. Capital Sources – Cooperative registered under this Code may derived their capital from any of all of the following: Member’s share capital; Loans and borrowings including deposits; Revolving capital which consists of the differed payment of patronage refunds, or interests on share capital; and Subsidies, donations, legacies, grants, aids and such other assistance from any local or foreign institution whether public or private

36. Savings Mobilization Savings is encouraged to cooperatives to augment the group business that members engaged into It could be used for expansion of the enterprise. Some of the savings schemes used by most cooperatives are the following: “ Piso-piso deposito” or One Peso a day savings Birthday Regalo (for Christians) & Ramadhan Regalo (for Muslims) Raffle tickets or raffle draws Twenty Five centavos retention to every item being sold by cooperative store (or any amount agreed) Other savings schemes

37. Wassalam!