The inspection report from the Cooperative Development Authority identifies several areas of concern for a cooperative's legal compliance. The report notes that the cooperative's name, articles of cooperation, and by-laws do not comply with requirements and need amendments. It also finds that provisions for associate members and preferred shares are missing. The report recommends addressing these issues through amendments within 12 months. Additionally, it recommends revising the subscription agreement form and updating the cooperative's share and transfer book within 90 days.
The inspection report from the Cooperative Development Authority identifies several areas of concern for a cooperative's legal compliance. The report notes that the cooperative's name, articles of cooperation, and by-laws do not comply with requirements and need amendments. It also finds that provisions for associate members and preferred shares are missing. The report recommends addressing these issues through amendments within 12 months. Additionally, it recommends revising the subscription agreement form and updating the cooperative's share and transfer book within 90 days.
The inspection report from the Cooperative Development Authority identifies several areas of concern for a cooperative's legal compliance. The report notes that the cooperative's name, articles of cooperation, and by-laws do not comply with requirements and need amendments. It also finds that provisions for associate members and preferred shares are missing. The report recommends addressing these issues through amendments within 12 months. Additionally, it recommends revising the subscription agreement form and updating the cooperative's share and transfer book within 90 days.
NO. BASIS (Itemized) RECOMMENDATION COMMENT/RESPONSE REASO 1 1. The name of the cooperative The name of the Within 12 months, the board On process of enc contains its type and is consistent cooperative does of directors is advised to amendments. with its registered name. (RA9520, not contained its register with the Authority the AC/BL) type and is proposed amendments to the (AC/BL, OR, Contracts, Signage, consistent with its Articles of Cooperation and COR) registered name. By-laws to include the type as (RA9520, AC/BL) approved by the General Assembly. 2 2. The Articles of Cooperation and The Articles of Within 12 months, the board On process of enc By-Laws are amended in Cooperation and By- of directors is advised to amendments. conformity with RA 9520. (Arts. 14 Laws are not register with the Authority the & 15 RA 9520) amended in proposed amendments to the (Amended AC/BL, CRA ) conformity with RA Articles of Cooperation and 9520. (Arts. 14 & 15 By-laws in conformity with RA RA 9520) 9520 as approved by the General Assembly. 3 8. The acceptance of associate The acceptance of Within 12 months, the board On process of enc members is within the provisions of associate members of directors is advised to amendments. the by-laws and articles of is not within the register with the Authority the AREAS OF CONCERN/ LEGAL FINDINGS COOP'S NO. BASIS (Itemized) RECOMMENDATION COMMENT/RESPONSE REASO cooperation. (Art. 15 (2) (a) RA provisions of the by- proposed amendments to the 9520) laws and articles of Articles of Cooperation and (ACBL, Membership Registry) cooperation. No By-laws in conformity with RA provisions for 9520 and the provision of Preferred shares. Preferred shares for the Associate members, as approved by the General Assembly. 4 10. The articles of cooperation The articles of Within 12 months, the board On process of enc contains allocation of preferred cooperation does of directors is advised to amendments. shares for associate members. (Rule not contained register with the Authority the 10, Sections 3 & 4 Revised IRR, AC) allocation of proposed amendments to the (AC, Share and Transfer Book) preferred shares for Articles of Cooperation and associate members. By-laws in conformity with RA (Rule 10, Sections 3 9520 and the provision of & 4 Revised IRR, AC) Preferred shares for the Associate members, as approved by the General Assembly. 5 17. Members' subscribed and paid The subscription Within 90 days, the Secretary Looking for stand up shares are covered by agreement does not is advised to revised the subscription agreement. (MC 2013- conformed to the subscription agreement form 04) standard to conform with the standard. (Subscription Agreement, Books of subscription form, Accounts) not binding between the member and the AREAS OF CONCERN/ LEGAL FINDINGS COOP'S NO. BASIS (Itemized) RECOMMENDATION COMMENT/RESPONSE REASO cooperative. The number of years pledged to pay is too long and no specific frequency of payment, no signatures of the approving officers. 6 18. The cooperative maintains a Share and Transfer Within 90 days, the board of The Secretary is b Share and Transfer Book. (Article 52 books are not directors is advised to require (1) of RA 9520) updated, issuance of the Secretary to update (Share and Transfer Book) share certificates for regularly the Share and the previous years Transfer book and record all not yet recorded. the share certificates issuances.