Professional Documents
Culture Documents
COOPERATIVE A
COOPERATIVE A
COOPERATIVE A
Cooperatives (a) ooperation and bylaws: Provided, That for cooperatives with numerous
c
and dispersed membership, the general assembly may be composed of
rticle 1. Title. Republic Act. No.9520orknownasthePhilippineCooperativeCode
A delegateselectedbyeachsector,chapterordistrictofthecooperativein
of 2008(A mending Republic Act.No.6938).Beitenactedbythe Senateand House accordance with the rules and regulations of the Cooperative
of Representatives of the Philippines in Congressassembled Development Authority(CDA).
4. Board of Director (Article 5)
- shallmeanthatbodyentrustedwiththemanagementoftheaffairsofthe
DEFINITION OF TERMS
cooperative under its articles of cooperation and bylaws.
5. Articles of Cooperation (Article 5)
1. Cooperative (Article 3) - meansthearticlesofcooperationregisteredunderthisCodeandincludes
- A cooperative is an autonomous and duly registered association of a registered amendment thereof.
persons, with a common bond of interest,whohave voluntarilyjoined 6. By-laws (Article 5)
together to achieve their social, economic, and cultural needs and - meansthebylawsregisteredunderthisCodeandincludesanyregistered
aspirations by making equitable contributions to the capital required, amendment thereof.
patronizingtheirproductsandservicesandacceptingafairshareofthe 7. Social Audit (Article 5)
risks and benefits of the undertaking in accordance with universally - is a procedure wherein the cooperative assesses its social impact and
accepted cooperative principles. ethicalperformancevis-à-visitsstatedmission,vision,goalsandcodeof
- Cooperative- A cooperative is an autonomous association of persons socialresponsibilityforcooperativestobeestablishedbytheAuthorityin
united voluntarily to meet their common economic, social, and cultural consultation with the cooperative sector. It enables the cooperative to
needs and aspirations through a jointly-owned and developaprocesswherebyitcanaccountforitssocialperformanceand
democratically-controlled enterprise. (From:Atty.Abesamis’ Summary) evaluateitsimpactinthecommunityandbeaccountableforitsdecisions
- Cooperative Code of the Philippines (Republic Act No. 9520): This law and actions to its regular members.
provides the general concepts, principles, and framework for the 8. Performance Audit (Article 5)
formation,operation,andregulationofcooperativesinthePhilippines.It - shall refer to an audit on the efficiency and effectiveness of the
covers the registration, rights, and responsibilities of members, cooperative as a whole; its management and officers; and its various
management, and dissolution of cooperatives. (From: Atty. Abesamis’ responsibility centers as basis for improving individual team or overall
Summary) performance and for objectively informing the general membership on
- Cooperative Development Authority (CDA): Established under Republic such performance.
Act No. 6939, the CDA is the government agency responsible for the
registrationandregulationofcooperativesinthePhilippines.(From:Atty.
PURPOSE and OBJECTIVES
Abesamis’ Summary)
2. Member (Article 5)
- includes a person either natural or juridical who adhering to the urposesofCooperatives(A
P rticle6)–Acooperativemaybeorganizedandregistered
principles set forth in this Code and in the Articles of Cooperative, has for any or all of the following purposes:
been admitted by the cooperative as member.
3. General Assembly (Article 5) . T
1 o encourage thrift and savings mobilization among the members;
- shallmeanthefullmembershipofthecooperativedulyassembledforthe 2. To generate funds and extend credit to the members for productive and
purposeofexercisingalltherightsandperformingalltheobligations provident purposes;
pertaining to cooperatives, as provided by this Code, its articles of 3. To encourage among members systematic production and marketing;
4. To provide goods and services and other requirements to the members;
.
5 o develop expertise and skills among its members;
T ➢ L iability of Members (S ection 2, Article 29)— A member shall beliableforthe
6. To acquire lands and provide housing benefits for the members; debtsofthecooperativetotheextentofhiscontributiontothesharecapitalof
7. To insure against losses of the members; the cooperative.
8. To promote and advance the economic, social and educational status of the ➢ Liability(Section 1, Article 12) – A cooperativedulyregisteredunderthisCode
members; shall have limited liability.
9. To establish, own, lease or operate cooperative banks, cooperative wholesale
and retail complexes, insurance and agricultural/industrial processing PIERCING THE VEIL, DOES THIS APPLY?
enterprises, and public markets;
10.To coordinate and facilitate the activities of cooperatives;
➢ A RT. 16. Registration. A cooperative formed and organized under this Code
11. To advocate for the cause of the cooperative movements;
acquiresjuridicalpersonalityfromthedatetheAuthorityissuesacertificateof
12.To ensure the viability of cooperatives through the utilization of new
registration under its official seal.
technologies;
➢ The general rule is that a corporation has a personality separate and distinct
13. To encourage and promote self-help or self-employment as an engine for
from those of its stockholders and other corporations to which it may be
economic growth and poverty alleviation; and
connected. This is a fiction created by law for convenience and to prevent
14.To undertake any and all other activities for the effective and efficient
injustice.
implementation of the provisions of this Code.
➢ The corporation's separate personality is "a fiction created by law for
convenience and to prevent injustice. Thus, when it is used in such a way that
bjectivesandGoalsofaCooperative(A
O rticle7) –Thesixprimaryobjectiveofevery injustice prevails, the corporate veil is instead pierced to protect the rights of
cooperative is to help improve the quality of life ofitsmembers.Towardsthisend, innocent third persons. Itisanequitableremedy,doneintheinterestofjustice
the cooperative shall aim to: and to protect public policy.
ncapitalsubscribedandpaidasaconditionofmembership.Membersallocate
o r awmaterialsproducedbyitsmembers,soldinthenameandfortheaccountof
surplusesforanyorallofthefollowingpurposes:developingthecooperativeby the cooperative, shall be deemed a product of the cooperative and its members;
setting up reserves, part of which should at least be indivisible; benefitting D. MarketingCooperativeisonewhichengagesinthesupplyofproductioninputs
members in proportion to their patronage of the cooperative's business; and, to members and markets their products;
supporting other activities approved by the membership. E. Service Cooperative is one which engages in medical and dental care,
.
4 Autonomy and Independence hospitalization, transportation, insurance, housing, labor, electric light and
- Cooperatives are autonomous, self-help organizations controlled by their power, communication, professional and other services;
members. If they enter into agreements with other organizations, including F. Multipurpose Cooperative is one which combines two (2) or more of the
government, or raise capital from external sources, they shall do so on terms business activitiesof these different types of cooperatives;
thatensuredemocraticcontroloftheirmembersandmaintaintheircooperative G. AdvocacyCooperativeisaprimarycooperativewhichpromotesandadvocates
autonomy. cooperativism among its members and the public through socially-oriented
.
5 Cooperation among Cooperatives projects,educationandtraining,researchandcommunication,andothersimilar
- Cooperatives serve their members most effectively and strengthen the activities to reach out to its intended beneficiaries;
cooperativemovementbyworkingtogetherthroughlocal,national,regionaland H. AgrarianReformCooperativeisoneorganizedbymarginalfarmersmajorityof
international structures. which are agrarian reform beneficiaries for the purpose of developing an
.
6 Cooperative Education appropriatesystemoflandtenure,landdevelopment,landconsolidationorland
- Cooperatives shall provide education and training for their members, elected management in areas covered by agrarian reform;
and appointed representatives, managers, and employees, so that they can I. CooperativeBankisoneorganizedfortheprimarypurposeofprovidingawide
contribute effectively and efficiently to the development of their cooperatives. range of financial servicesto cooperatives and theirmembers;
.
7 Concern for Community J. Dairy Cooperative is one whose members are engaged in the production of
- Cooperatives work for the sustainable development of their communities fresh milk which may be processed and/or marketed as dairy products;
through policies approved by their members. K. EducationCooperativeisoneorganizedfortheprimarypurposeofowningand
operating licensed educational institutions notwithstanding the provisions of
TYPES RepublicActNo.9155,otherwiseknownastheGovernanceofBasicEducation
Act of 2001;
L. ElectricCooperativeisoneorganizedfortheprimarypurposedofundertaking
( 1) Types of Cooperatives(S
ection 2, Article23)–Cooperativesmayfallunderanyof
the following22 types: powergenerations,utilizingrenewableenergysources,includinghybridsystems,
acquisition and operation of subtransmission or distribution to its household
A. C redit Cooperative is one that promotes and undertakes savings and lending members;
services among its members. It generates a common pooloffundsinorderto M. Financial Service Cooperative is one organized for the primary purpose of
provide financial assistance to its members for productive and provident engaging in savings and credit servicesand otherfinancial services;
purposes; N. FishermenCooperativeisoneorganizedbymarginalizedfishermeninlocalities
B. Consumers Cooperativeis one of the primary purpose of which isto procure whose products are marketed either as fresh or processed products;
and distribute commoditiesto members and non-members; O. Health Services Cooperative is one organized for the primary purpose of
C. Producers Cooperative is one that undertakes joint production whether providing medical, dental and other health services;
agriculturalorindustrial.Itisformedandoperatedbyitsmemberstoundertake P. HousingCooperativeisoneorganizedtoassistorprovideaccesstohousingfor
the production and processing of raw materials or goods produced by its the benefit of its regular members who actively participate in the savings
members into finished or processed products for sale bythecooperativetoits program for housing. It is co-owned and controlledby its members;
members and non-members. Any end productoritsderivativearisingfromthe
Q. I nsurance Cooperative is one engaged in the business of insuring life and " The audit committee shall be responsible for the continuous and periodic review of
povertyof cooperatives and their members; the books and records of accounts to ensure that these are in accordance with
R. Transport Cooperative is one which includes land and sea transportation, generally accepted accounting practices. He shall also be responsible for the
limited to small vessels, as defined or classified under the Philippine maritime production of the same at the time of audit or inspection.
laws, organized under the provisions of this Code;
S. Water Service Cooperative is one organized to own, operate and manage ( 3) Each cooperative shall maintain records of accounts such that the true and
waters systems for the provision and distribution of potable water for its correct condition and the results of the operation of the cooperative may be
members and their households; ascertained therefrom at any time. The financial statements, audited according to
T. WorkersCooperativeisoneorganizedbyworkers,includingtheself-employed, generally accepted auditing standards, principles and practices, shall be published
who are at same time the members and owners oftheenterprise.Itsprincipal annually and shall be kept postedinaconspicuousplaceintheprincipalofficeofthe
purpose is to provide employment and business opportunities to its members cooperative.
and manage it in accordance with cooperative principles; and
" (4) Subject to the pertinent provisions of the National Internal Revenue Code and
U. Other types of cooperative as may be determined by the Authority.
otherlaws,acooperativemaydisposebywayofburningorothermethodofcomplete
destructionanydocument,recordorbookpertainingtoitsfinancialandnonfinancial
Responsibilities, Rights and Privileges of Cooperatives (Section 5, Article 51-62) operations which are already more thanfive(5)yearsoldexceptthoserelatingto
transactionswhicharethesubjectofcivil,criminalandadministrativeproceedings.An
RT. 51. Address.–Everycooperativeshallhaveanofficialpostaladdresstowhichall
A
inventory of the audited documents, records and books to be disposed of shall be
noticesandcommunicationsshallbesent.Suchaddressandeverychangethereofshall
drawn up and certified to by the board secretary and the chairman of the audit
be registered with the Authority.
committee and presented totheboardofdirectorswhichmaythereuponapprovethe
ART. 52.Books to be Kept Open. disposition of said records.
nesandpenaltiesthatwillbeimposeduntilsuchtimethatthecooperativehas
fi (2)No property or interest on property which is subject toalienunderparagraph
complied with the requirements. (1)shallbesoldnorconveyedtothirdpartieswithoutthepriorpermissionofthe
cooperative. The lien upon the property or interest shall continue to exit even
RT. 54. Register of Members as Prima Facie Evidence. – Any register or list of
A after the sale or conveyance thereof until such lien has been duly extinguished.
members shares kept by any registered cooperative shall be prima facie evidenceof (3)Notwithstanding the provisions of any law to the contrary, any sale or
the following particulars entered therein: conveyance made in contravention of paragraph (2) hereof shall be void
s ubject to any taxes and fees imposed under theinternalrevenuelawsandothertax t o its members and non-members:Provided,further,Thatanyprocessed
laws. Cooperatives not falling under this article shall be governed by the succeeding product or its derivative arising from the raw materials produced by its
section. members, sold in then name and for the account of the cooperative:
Provided , finally, That at least twenty-five per centum (25%) of the net
RT.61. Tax and Other Exemptions. Cooperatives transacting business with both
A income of the cooperatives is returned to the members in the form of
members and non-members shall not be subjected to tax on their transactions with interest and/or patronage refunds;
members.Inrelationtothis,thetransactionsofmemberswiththecooperativeshallnot (c) All other taxes unless otherwise provided herein;and
be subject to any taxes and fees, including not limited to final taxes on members’ (d)Donations to charitable, research and educational institutions and
depositsanddocumentarytax.Notwithstandingtheprovisionsofanylaworregulation reinvestment tosocioeconomicprojectswithintheareaofoperationof
to the contrary, such cooperatives dealing with nonmembersshallenjoythefollowing the cooperative may beTAX DEDUCTIBLE.
tax exemptions:
( 3) All cooperatives, regardless oftheamountofaccumulatedreservesandundivided
( 1)Cooperativeswithaccumulatedreservesandundividednetsavingsofnotmore netsavingsshallbeexemptfrompaymentoflocaltaxesandtaxesontransactionswith
than Ten million pesos (P10,000,000.00) shall be exempt from all national, city, banks and insurance companies: Provided, That all sales or services rendered for
provincial, municipal or barangay taxes of whatever name and nature. Such non-members shall be subject to the applicable percentage taxes sales made by
cooperatives shall be exempt from customs duties, advance sales or compensating producers, marketing or service cooperatives: Provided further, That nothing in this
taxes on their importation of machineries, equipment and spare parts used by them article shall preclude the examination of the books of accounts or other accounting
and which are not available locally a certified by the Department of Trade and records of the cooperative by duly authorized internal revenue officers for internal
Industry(DTI).Alltaxfreeimportationsshallnotbesoldnorthebeneficialownership revenue tax purposes only, after previous authorization by the Authority.
thereof be transferred to any person until after five (5) years, otherwise, the
cooperative and the transferee or assignee shall be solidarily liable to pay twice the ( 4) In areas where there are no available notaries public, thejudge,exercisinghisex
amount of the imposed tax and / or duties. officiocapacityasnotarypublic,shallrenderservice,freeofcharge,toanypersonor
group of persons requiring the administration of oath or the acknowledgment of
( 2)CooperativeswithaccumulatedreservesanddividednetsavingsofmorethanTen articles of cooperation and instruments of loanfromcooperativesnotexceedingFive
million (P10,000,000.00)shall fee the following taxesat the full rate: Hundred Thousand Pesos (P500,000.00).
(a)pesos Income Tax - On the amount allocated for interest on capitals: ( 5) Any register of deeds shall accept for registration, free of charge,anyinstrument
Provided, That the same tax is not consequently imposed on interest relative to a loan made under this Code which does not exceed Two Hundred Fifty
individually received by members: Provided, further, That cooperatives Thousand Pesos (P250,000.00) or the deeds of title of any property acquired by the
regardless of classification, are exempt income tax from the date of cooperativeoranypaperordocumentdrawninconnectionwithanyactionbroughtby
registration with the Authority; the cooperative or with any court judgment rendered in its favor or any instrument
(b)Value-Added Tax – On transactions with non-members: Provided, relative to a bond of any accountable officer of a cooperative for the faithful
however,ThatcooperativesdulyregisteredwiththeAuthority;areexempt performance of his duties and obligations.
from the payment of value-added tax; subject to Section 109,
sub-sections L, M and N of Republic Act No. 9337, the National Internal ( 6) Cooperatives shall be exempt from the payment of all court and sheriff’s fees
RevenueCode,asamended:Provided,Thattheexempttransactionunder payable to the Philippine Government for and in connection with all actions brought
Section 109 (L) shall include sales made by cooperativesdulyregistered underthisCode,orwheresuchactionsisbroughtbytheAuthoritybeforethecourt,to
with the Authority organized and operated by its member to undertake enforce the payment of obligations contracted in favor of the cooperative.
theproductionandprocessingofrawmaterialsorofgoodsproducedby
itsmembersintofinishedorprocessproductsforsalebythecooperative ( 7) All cooperatives shall be exempt from putting up a bond for bringing an appeal
against the decision of an inferior court or for seeking to set aside any third party
laim:Provided,ThatacertificationoftheAuthorityshowingthatthenetassetsofthe
c nd small entrepreneurial industries and federations thereof, shall have preferential
a
cooperative are in excess of the amount of the bond required by the court in similar rights in the management of public markets and/or lease of public market facilities,
cases shall be accepted by the court as a sufficient bond. stalls or spaces: Provided, That these rights shall only be utilized exclusively by
cooperatives: Provided, further, That no cooperative forming a joint venture,
( 8) Any security issued by cooperatives shall be exempt from the provisions of the partnershiporanyothersimilararrangementwithanon-cooperativeentitycanutilize
Securities Act provided such security shall not be speculative. these rights;
RT. 62. Privileges of Cooperatives. – Cooperatives registered under this Code,
A ( 8) Cooperatives engaged in credit services and/or federations shall be entitled to
notwithstanding the provisions of any law to the contrary, be also accorded the loans credit lines, rediscounting of their loannotes,andothereligiblepaperswiththe
following privileges: Development Bank of the Philippines, the Land Bank of the Philippines and other
financial institutions except the Bangko Sentral ng Pilipinas (BSP);
" (1) Cooperatives shall enjoy the privilege of depositing their sealed cash boxes or
containers, documents or any valuable papers in the safes of the municipal or city he Philippine Deposit Insurance Corporation (PDIC) and other government
T
treasurers and other government offices free of charge, and the custodian of such agencies, government-owned and controlled corporations and government financial
articles shall issue a receipt acknowledging the articles received duly witnessed by institutions shall provide technical assistance to registered national federations and
another person; unions of cooperatives which have significant engagement in savings and credit
operations in order for these federations and unions to establish and/or strengthen
( 2)Cooperativesorganizedamonggovernmentemployees,notwithstandinganylawor
their own autonomous cooperative deposit insurance systems;
regulation to the contrary, shall enjoy the free use of any available space in their
agency, whether owned or rented by the Government; ( 9) A public transport service cooperativemay be entitled to financing support for
theacquisitionand/ormaintenanceoflandandseatransportequipment,facilitiesand
( 3)Cooperativesrenderingspecialtypesofservicesandfacilitiessuchascoldstorage,
parts through the program of the government financial institutions. It shall have the
ice plant, electricity, transportation, and similar services and facilities shall secure a
preferential right to the management and operation of public terminals and ports
franchise therefore, and such cooperativesshallopentheirmembershiptoallpersons
whether land or sea transport where the cooperative operates and on securing a
qualified in their areas of operation; 3
franchise for active or potential routes for the public transport;
( 4) In areas where appropriate cooperatives exist, the preferential right to supply
( 10)Cooperativestransactingbusinesswiththe GovernmentofthePhilippinesorany
governmentinstitutionsandagenciesrice,cornandothergrains,fishandothermarine
of its political subdivisions or any of its agencies or instrumentalities, including
products, meat, eggs, milk, vegetables, tobacco and other agricultural commodities
government-owned and controlled corporations shall beexemptfromprequalification
produced by their members shall be granted to the cooperatives concerned;
bidding requirements notwithstanding the provisions of Republic Act No.9184,
( 5) Preferential treatment in the allocation of fertilizers, including seeds and other otherwise known as, theGovernment Procurement Act;
agricultural inputs and implements, and in rice distribution shall be granted to
( 11)Cooperativeshallenjoytheprivilegeofbeingrepresentedbytheprovincialorcity
cooperatives by the appropriate government agencies;
fiscal or the Office oftheSolicitorGeneral,freeofcharge,exceptwhentheadverse
( 6) Preferential and equitable treatment in the allocation or control of bottomries of party is the Republic of the Philippines;
commercialshippingvesselsinconnectionwiththeshipmentofgoodsandproductsof
( 12) Cooperatives organized by faculty members and employees of educational
cooperatives;
institutions shall have the preferential right in the management of the canteen and
( 7) Cooperatives and their federations, such as farm and fishery producers and other services related to the operation of the educational institution where they are
suppliers, market vendors and such other cooperatives, which have for their primary employed: Provided, That such services are operated within the premises of the said
purpose the production and/or the marketing of products from agriculture, fisheries educational institution; and
( 13) The appropriate housing agencies and government financial institutions shall
create a special window for financing housing projects undertaken by cooperatives,
withinterestratesandtermsequalto,orbetterthanthosegivenforsocializedhousing
projects. This financing shall be in the form of blanket loans or long-term wholesale
loans to qualified cooperatives, without need for individual processing.
" The Authority, in consultation with the appropriate government agencies and
concerned cooperative sector, shall issue rules and regulations on all matters
concerning housing cooperatives."
elativeProvisionsunderRepublicAct.No.9520orthePhilippineCooperativeCodeof
R
2008:
1 . A rt. 3-9
2. Art. 23-25
3. Art. 51-62
CMA cutie<3