Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 8

PHILIPPINE COOPERATIVE CODE OF 3.

Universally Accepted Principles of


2008 (Republic Act No. 9520) Cooperation which include, but are not
limited to, the following
ART. 3. General Concepts. – A cooperative is
an autonomous and duly registered Universally Accepted Principles of
association of persons, with a common bond Cooperation
of interest, who have voluntarily joined 1. Voluntary and Open Membership
together to achieve their social, economic, 2. Democrative Member Control
and cultural needs and aspirations by making 3. Member Economic Participation
equitable contributions to the capital 4. Autnomy and Independence
required, patronizing their products and 5. Education, Training, and Information
services and accepting a fair share of the risks 6. Cooperation Among Cooperatives
and benefits of the undertaking in accordance 7. Concern for Community
with universally accepted cooperative
principles. Voluntary and Open Membership
o open to all persons able to use their
Cooperative services and willing to accept the
responsibilities of membership, without
o Have a concept/structure like a non- gender, social, racial, cultural, political,
stock corporation or religious discrimination
o Composed of members Democrative Member Control
o Profit is called surplus o controlled by their members who
o Automous actively participate in setting their
o Juridical person policies and making decisions.
o Purpose: to be beneficial to all its o elected representatives, directors or
members officers are accountable to the
o Liability: limitied liability. Artr. 12 membership
o Term: not exceeding 50 years in any o Primary Cooperatives - members have
single instance, no extension can be equal voting rights of one-member, one-
made earlier than five (5) years prior to vote
the original or subsequent expiry date. o Cooperatives at other levels -
Art 13 organized in the same democratic
o Not allowed to operate without the manner
necessary personnel and shall also Member Economic Participation
submit an economic survey. Art. 11 o Members contribute equitably to, and
o Acquires juridical personality from the democratically control, the capital of
date the Authority issues a certificate of their cooperatives
registration under its official seal. Art. o At least part of that capital is the
16 common property of the cooperative
o They shall receive limited compensation
or limited interest, if any, on capital
ART. 4. Cooperative Principles. – Every subscribed and paid as a condition of
cooperative shall conduct its affairs in membership.
accordance with o Members allocate surpluses for any or
all of the following purposes:
1. Filipino Culture developing the cooperative by setting up
2. Good Values and Experience reserves, part of which should at least be
indivisible; benefitting members in
proportion to their partonage of the o bylaws registered under this
cooperative’s bubsiness; and supporting Code and includes any
other activities approved by the registered amendment
membership. 7. Registration
Autnomy and Independence o operative act granting juridical
o autonomous, self-help organizations personality to a proposed
controlled by their members cooperative and is evidenced by
o If they enter into aggreements with other a certificate of registration
organizations, including government, or 8. Cooperative Development Authority
raise capital from external sources, they o government agency in charge of
shall do so on terms that ensure the registration and regulation
democratic control of their members and 9. Universally Accepted Principles
maintain their cooperative autonomy. o  body of cooperative principles
Concern for Community adhered to worldwide by
o work for the sustainable development of cooperatives
their communities through policies 10. Representative Assembly
o full membership of a body of
representatives elected by each
of the sectors, chapter or district
Terms o the cooperative duly
assembled for the purpose of
1. Member exercising such powers lawfully
o Natural or juridical person who delegated unto them by the
has been admitted by the general assembly in accordance
cooperative with its bylaws
2. Genaral Assembly 11. Officers of the Cooperative
o full membership of the o shall include the members of the
cooperative duly assembled for board of directors, members of
the purpose of exercising all the the different committee created
rights and performing all the by the general assembly, general
obligations pertaining to manager or chief executive
cooperatives officer, secretary, treasurer, and
o may be composed of delegates members holding other
elected by each sector, chapter, positions
or district 12. Social Audit
o Governing body o a procedure wherein the
o The one who decides cooperative assesses its social
3. Board of Directors impact and ethical performance
o body entrusted with the o enables the cooperative to
management of the affairs develop a process whereby it
4. Committee can account for its social
o any body entrusted with specific performance and evaluate its
functions and responsibilities impact in the community and be
5. Articles of Cooperation accountable for its decisions and
o articles of cooperation actions to its regular members
registered under this Code and 13. Performance Audit
includes a registered o an audit on the efficiency and
amendment effectiveness of the cooperative
6. Bylaws as a whole
14. A Single-Line or Single Purpose insurance and agricultural/industrial
Cooperative processing enterprises, and public
o cooperative undertaking markets
activities which are related to its 10. To coordinate and facilitate the
main line of business or purpose activities of cooperatives
15. Service Cooperatives
11. To advocate for the cause of the
o which provide any type of
cooperative movements
service to its members,
including but not limited to, 12. To ensure the viability of
transport, information and cooperatives through the utilization
communication, insurance, of new technologies
housing, electric, health 13. To encourage and promote self-help
services, education, banking, or self-employment as an engine for
and savings and credit economic growth and poverty
16. Subsidiary Cooperative alleviation; and
o any organization all or majority 14. To undertake any and all other
of whose membership or activities for the effective and
shareholders come from a efficient implementation of the
cooperative provisions of this Code.
o receives technical, managerial,
and financial assistance from, a
cooperative Objectives and Goals of a Cooperative
17. Federation of Cooperatives
o three or more primary 1. Provide goods and services to its
cooperatives, doing the same members to enable them to attain
line of business increased income, savings,
Purposes of Cooperatives investments, productivity, and
purchasing power, and promote
1. To encourage thrift and savings among themselves equitable
mobilization among the members distribution of net surplus through
2. To generate funds and extend credit maximum utilization of economies
to the members for productive and of scale, cost-sharing, and risk-
provident purposes sharing
3. To encourage among members 2. Provide optimum social and
systematic production and marketing economic benefits to its members
4. To provide goods and services and 3. Teach them efficient ways of doing
other requirements to the members things in a cooperative manner
5. To develop expertise and skills 4. Propagate cooperative practices and
among its members new ideas in business and
6. To acquire lands and provide management
housing benefits for the members 5. Allow the lower income and less
7. To insure against losses of the privileged groups to increase their
member ownership in the wealth of the nation
8. To promote and advance the 6. Cooperate with the government,
economic, social, and educational other cooperatives, and people-
status of the members oriented organizations to further the
9. To establish, own, lease or operate attainment of any of the foregoing
cooperative banks, cooperative objectives.
wholesale and retail complexes,
Local Government Code, and other
laws, particularly those in the grant
Cooperatives are not restrained to trade Art.
of franchises to establish, construct,
08
operate and maintain ferries,
Powers and Capacities wharves, markets, or slaughterhouses
and to lease public utilities, including
1. To the exclusive use of its registered access to extension and on-site
name, to sue and be sue research services and facilities
2. Of succession related to agriculture and fishery
3. To amend its articles of cooperation activities
in accordance with the provisions of 10. To organize and operate schools in
this Code accordance with Republic Act No.
4. To adopt bylaws not contrary to law, 9155, Governance of Basic
morals, or public policy, and to Education Act of 2001 and other
amend and repeal the same in pertinent laws
accordance with this Code 11. To exercise such other powers
5. To purchase, receive, take or grant, granted by this Code or necessary to
hold, convey, sell, lease, pledge, carry out its purpose or purposes as
mortgage, and otherwise deal with stated in its Articles of cooperation.
such real and personal property as
the transaction of the lawful affairs
of the cooperative may reasonably Organizing a Primary Cooperative
and necessarily require, subject to
- Fifteen (15) or more natural persons
the limitations prescribed by law and
who are Filipino citizens, of legal
the Constitution
age, having a common bond of
6. To enter into division, merger, or
interest and are residing or working
consolidation, as provided in this
in the intended area of operation
Code
- Member must have completed a Pre-
7. To form subsidiary cooperatives and
Membership Education Seminar
join federations or unions, as
- Newly organized primary
provided in this Code
cooperative may be registered as
8. To avail of loans, be entitled to credit
multipurpose cooperative only after
and to accept and receive grants,
compliance with the minimum
donations, and assistance from
requirements for multipurpose
foreign and domestic sources, subject
cooperatives
to the conditions of said loans,
credits, grants, donations, or Single-Purpose Cooperative - may transform
assistance that will not undermine into a multipurpose or may create subsidiaries
the autonomy of the cooperative. The only after at least two (2) years of operations.
Authority, upon written request, shall
provide necessary assistance in the
documentary requirements for the
Articles of Cooperation
loans, credit, grants, donations, and
other financial support 1. The name of the cooperative which
9. To avail of preferential rights granted shall include the word cooperative
to cooperatives under Republic Act
No. 7160, otherwise known as the
2. The purpose or purposes and scope 3. The circumstances under which
of business for which the cooperative membership is acquired, maintained
is to be registered and lost
3. The term of existence of the 4. The procedure to be followed in
cooperative cases of termination of membership
4. The area of operation and the postal 5. The conditions under which the
addresses of its principal office transfer of a share or interest of the
5. The names, nationality, and the members shall be permitted
postal addresses of the registrants 6. The rules and procedures on the
6. The common bond of membership agenda, time, place and manner of
7. The list of names of the directors calling, convening, conducting
who shall manage the cooperative meetings, quorum requirements,
8. The amount of its share capital, the voting systems, and other matters
names and residences of its relative to the business affairs of the
contributors and a statement of general assembly, board of directors,
whether the cooperative is primary, and committees
secondary or tertiary in accordance 7. The general conduct of the affairs of
with Article 23 hereof. the cooperative, including the powers
 Four (4) copies each of the proposed and duties of the general assembly,
articles of cooperation, bylaws, and the board of directors, committees
the general statement shall be and the officers, and their
submitted to the Authority. qualifications and disqualifications
 at least twenty-five per centum 8. The manner in which the capital may
(25%) of the authorized share capital be raised and the purposes for which
has been subscribed and at least it can be utilize
twenty-five per centum (25%) of the 9. The mode of custody and of
total subscription has been paid investment of net surplus
 no case shall the paid-up share 10. The accounting and auditing systems
capital be less than fifteen thousand 11. The manner of loaning and
pesos (P15,000.00). borrowing including the limitations
 Authority shall periodically assess thereof
the required paid-up share capital 12. The method of distribution of net
and may increase it every five (5) surplus
years 13. The manner of adopting, amending,
repealing, and abrogating bylaws
14. A conciliation or mediation
Bylaws
mechanism for the amicable
1. The qualifications for admission to settlement of disputes among
membership and the payment to be members, directors, officers and
made or interest to be acquired as a committee members of the
condition for the exercise of the right cooperative
of membership 15. Other matters incident to the
2. The rights and liabilities of purposes and activities of the
membership cooperative.
Art. 16. All applications for registration shall or industrial. It is formed and
be finally disposed of by the Authority within a operated by its members to undertake
period of sixty (60) days from the filing the production and processing of raw
thereof, otherwise the application is deemed materials or goods produced by its
approved, unless the cause of the delay is members into finished or processed
attributable to the applicant: Provided, That in products for sale by the cooperative
case of a denial of the application for to its members and non-members.
registration, an appeal shall lie with the Office 4. Marketing Cooperative. Engages in
of the President within ninety (90) days from the supply of production inputs to
receipt of notice of such denial: Provided, members and markets their products.
further, That failure of the Office of the 5. Service Cooperative. Engages in
President to act on the appeal within ninety medical and dental care,
(90) days from the filing thereof shall mean hospitalization, transportation,
approval of said application. insurance, housing, labor, electric
light and power, communication,
professional and other services.
Art. 18. Amendment of Articles of
6. Multipurpose Cooperative.
Cooperation and Bylaws. Unless otherwise
Combines two or more of the
prescribed by this Code and for legitimate
business activities of these different
purposes, any provision or matter stated in types of cooperatives.
the articles of cooperation and by laws may 7. Advocacy Cooperative. A primary
be amended by two-thirds (2/3) vote of all the cooperative which promotes and
members with voting rights 8. advocates cooperativism among its
members and the public through
Art. 21. No merger or consolidation shall
socially-oriented projects, education
be valid unless approved by a three-fourths and training, research and
(3/4) vote of all the members with voting communication, and other similar
rights, present and constituting a quorum of activities to reach out to its intended
each of the constituent cooperatives at beneficiaries.
separate general assembly meetings. 9. Agrarian Reform Cooperative.
Organized by marginal farmers
majority of which are agrarian
Types of Cooperatives reform beneficiaries for the purpose
of developing an appropriate system
1. Credit Cooperative. Promotes and of land tenure, land development,
undertakes savings and lending land consolidation or land
services among its members. It management in areas covered by
generates a common pool of funds in agrarian reform.
order to provide financial assistance 10. Cooperative Bank. Organized for
to its members for productive and the primary purpose of providing a
provident purposes. wide range of financial services to
2. Consumers Cooperative. The cooperatives and their members.
primary purpose is to procure and 11. Dairy Cooperative. One whose
distribute commodities to members members are engaged in the
and non-members. production of fresh milk which may
3. Producers Cooperative. Undertakes
joint production whether agricultural
be processed and/or marketed as provision and distribution of potable
dairy products. water for its members and their
12. Education Cooperative. Organized households.
for the primary purpose of owning 21. Workers Cooperative. Organized
and operating licensed educational by workers, including the self-
13. Electric Cooperative. Organized for employed, who are at same time the
the primary purposed of undertaking members and owners of the
power generations, utilizing enterprise. Its principal purpose is to
renewable energy sources, including provide employment and business
hybrid systems, acquisition and opportunities to its members and
operation of subtransmission or manage it in accordance with
distribution to its household cooperative principles.
members.
14. Financial Service Cooperative. One
organized for the primary purpose of Categories of Cooperative
engaging in savings and credit In terms of membership
services and other financial services.
15. Fishermen Cooperative. Organized Primary – Members are natural persons
by marginalized fishermen in
Secondary – Members are primaries
localities whose products are
marketed either as fresh or processed Tertiary – Members are secondary
products cooperative
16. Health Services Cooperative.
Organized for the primary purpose of In terms of territory, cooperatives shall be
providing medical, dental and other categorized according to areas of operations
health services. which may or may not coincide with the
17. Housing Cooperative. Organized to political subdivisions of the country.
assist or provide access to housing
forthe benefit of its regular members Capital
who actively participate in the
savings program for housing. It is The minimum paid-up share capital is now
co-owned and controlled by its PhP15,000 (the minimum under the old law
members. is only PhP2,000), subject to increase by the
18. Insurance Cooperative. Engaged in CDA upon consultation with the cooperative
the business of insuring life and sector and the NEDA
povertyof cooperatives and their The par value of shares of a primary
members. cooperative shall not exceed PhP1,000.
19. Transport Cooperative. Includes No member of primary cooperative other
land and sea transportation, limited
than cooperative itself shall own or hold
to small vessels, as defined or
classified under the Philippine more than 10% of the share capital of the
maritime laws, organized under the cooperative.
provisions of this Code
20. Water Service Cooperative. Membership
Organized to own, operate and 1. Regular members. Entitled to all
manage waters systems for the the rights and privileges of
membership, including the right to Anyone who uses the word “Cooperative”
vote, and be voted upon. without being registered with the CDA is
2. Associate members. Has no right to punishable by imprisonment (5 years) and a
vote nor be voted upon and shall be fine (PhP20,000).
entitled only to such rights and
privileges as the bylaws may Electric cooperatives registered with the
provide. However, an associate National Electrification Administration
member shall be considered a regular (NEA) are exempt and may not register with
member if: the CDA
(a) he has been a member for 2
continuous years; Any person who willfully attempt in any
(b) he patronizes the cooperative as manner to evade or defeat tax in violation of
its member; and the tax treatment/privileges provided under
(c) he signifies his intention of the Code is punishable by imprisonment (2
becoming a regular member. years but not more than 4 years) and a fine
A member shall be liable for the debts of the (not less than PhP30,000 but not exceeding
cooperative to the extent of his contribution PhP100,000), without prejudice to a separate
to the share capital of the cooperative action to collect the taxes.

Tax Treatment of Cooperative There are other penalties provided, including


violations of the reportorial requirements of
1. Cooperatives which do not cooperatives.
transact any business with non-
members, or the general public
shall not be subject to any taxes and
fees imposed under the internal
revenue laws and other tax laws.
2. Cooperatives transacting business
with both members and non-
members shall be subject to another
set of rules, but transactions with
members shall remain to be non-
taxable.

Audit
conducted by an external auditor, who must
be a member of good standing of the
Philippine Institute of Certified Public
Accountants, accredited by the CDA and the
Board of Accountancy

Penal Provisions

You might also like