CDA MEMORANDUM CIRCULAR NO. 2009-02, July 07, 2009
GUIDELINES IN THE ISSUANCE OF NEW CERTIFICATE OF REGISTRATION UNDER THE PHILIPPINE COOPERATIVE CODE OF 2008 (RA 9520)
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:
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 RA
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 in 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 RA 6938 a year before the
effectivity of RA 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 RA 9520.
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 their 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.
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 RA 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.
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 the 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.
b. The assisting officer shall file application for registration
through on-line (Internet) by accessing Registration under Article 144
of RA 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.
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 RA 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 RA 9520.
SECTION 10. Transitory Provisions
a. Cooperatives issued with new Certificate of Registration under
Art. 144 RA 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 RA 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.
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).
Adopted: 7 July 2009
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(SGD.) HON. SEGFREDO O. BUAGAS
Administrator |
(SGD.) HON. MANUEL C. LAPEÑA
Administrator |
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(SGD.) HON. SALAMAN D. MANGCA
Administrator |
(SGD.) HON. FULGENCIO A. VIGARE
Administrator |
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(SGD.HON. ROSALINDA E. VILLASECA
Administrator |
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(SGD.) HON. LECIRA V. JUAREZ
Chairperson |
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