Professional Documents
Culture Documents
Ra 9520
Ra 9520
representative
An act amending the cooperative code of the Philippines to Cooperation among Cooperatives – strengthen
be known as the “PHILIPPINE COOPERATIVE CODE the cooperative movement
OF 2008” Concern for Community – work for the
sustainable development of community
Section 1 – Articles 1-5 of Chapter 1 on General Concepts
and Principles of RA 6938, otherwise known as the Article 5. Definition of terms
COOPERATIVE CODE OF THE PHILIPPINES
Member – person either natural or juridical
GENERAL CONCEPTS AND PRINCIPLES Board of Directors – entrusted with the management
Article 1. Title – This act shall be known as the Committee – entrusted with specific functions and
PHILIPPINE COOPERATIVE CODE OF 2008 responsibilities
Declared policy of the state to foster the creation Bylaws – any registered amendment
and growth of cooperatives as a practical vehicle
for promoting self-reliance Registration – operative act granting juridical personality
The state shall encourage the private sector to
undertake the actual formation and organization Cooperative Development Authority – government
of cooperative agency in charge of the registration and regulation
Article 32. Composition of the General Assembly – general Article 40. Meeting of the Board and Quorum Requirement
assembly shall be composed of member that is entitled to
vote 1. Regular meeting shall be held at least once a
month
Article 33. Power of General Assembly – highest policy 2. Special meeting of BOD may be held at any time
making body of the cooperative upon the call of chairperson
3. A majority of the member BOD shall constitute a
1. To determine and approve amendment to articles quorum for the contract
of incorporation 4. Director cannot attend or vote by proxy
2. To elect or appoint the member of the board of
director Article 41. Vacancy in the BOD – it may be filled by the
3. To approve developmental plans vote of majority if still constituting quorum
Article 34. Meetings Article 42. Officers of the Cooperative – The BOD shall
elect from among themselves the chairperson and vice
1. Regular meeting shall be held annually by chairperson.
general assembly on a date fixed in the bylaws,
if not, on any date within 90 days Article 43. Committees of Cooperatives
2. Whenever necessary, a special meeting may be
called at any time by a majority of vote by BOD 1. The bylaws may create an executive committee
3. In case of newly approved cooperative, a special to be appointed by BOD
assembly shall be called within 90 days from 2. The bylaws shall provide creation of an audit,
such approval election, mediation and conciliation
4. The authority may call a special meeting for the
purpose of reporting to the members the result of Article 44. Functions, Responsibilities and Training
any examination Requirement of Director, Officers and Committee Members
5. Notice of any meeting may be waived – It shall be in accordance with the rules and regulations
Article 35. Quorum – shall consist of atleast 25 percent of Article 45. Liability of Directors, Officers and Committee
all the member entitle too vote Members – who willfully vote for or assent to patently
unlawful acts shall be liable jointly and severally for all the
Article 36. Voting System- Each member of a primary damages
cooperative have only one vote. In secondary or tertiary
they have one basic vote and as many incentive votes as Article 46. Compensation
provided in by laws
1. In the absence of any provision in the bylaws
Article 37. Composition and Term of the Board of fixing their compensation, the directors shall not
Directors – direction and management of affairs shall be receive any compensation
vested in BOD which shall composed of not less than 5 nor 2. The compensation of officers of the cooperative
more than 15 members and member created pursuant to this code may be
fixed on the bylaws
Article 38. Powers of Board of Director – responsible for 3. Unless already fixed in the bylaws, the
the strategic planning, direction setting compensation shall be determined by the BOD
1. A director who use confidential information for Article 54. Register of Members as Prima Facie Evidence
his benefit or advantage that might affect the
operation shall be held: 1. The date on which the name of any person was
a. Liable to compensate the cooperative for the entered
direct losses suffered by the cooperative 2. The date on which any such person ceased to be a
b. Accountable to the cooperative for any member
direct benefit as a result of transaction
2. The cooperative shall take the necessary steps to Article 55. Probative Value of Certified Copies of Entries –
enforce the liabilities
1. A copy of any entry in any book if duly certified
Article 50. Removal – All complaints for the removal of in accordance with the rules, be admissible as
any elected officer shall be filed with the BOD evidence of existence
2. No person or cooperative in possession of the
books, in any legal proceedings to which the
cooperative is not a part, be compelled to produce
CHAPTER V any books of the cooperative
Article 52. Books to be Kept Open – 1. Any debt due to the cooperative from a member
shall constitute a first lien upon any raw
1. Every cooperative shall have the ff documents materials, production inputs, and product
ready and accessible to its members produced
a. Copy of this code and all other laws 2. No property or interest which is subject to a lien
b. Copy of the regulations shall be sold nor conveyed
c. Copy of the articles of incorporation 3. Notwithstanding the provision of any law to the
d. Register member company, any sale or conveyance made in
e. Books of minutes of the meeting contravention is void
f. Share books
g. Financial statement Article 58. Instrument for Salary or Wage Deduction –
h. Such other documents prescribed by the law
2. The accountant shall be responsible for the 1. A member of a cooperative may execute an
maintenance of the books and record of account instrument in favor of the cooperative authorizing
and the audit committee shall be responsible for his employer to deduct from his/her salary
the continuous and period review 2. The employer shall make the deduction in
3. Each cooperative shall maintain record of accordance with the agreement and remit within
account that the true and correct condition and ten days
the result may be ascertained at any time
3. The term employer as used in this article shall 3. Cooperative rendering special types of service
include all private firms and the national and and facilities such as cold storage, ice plant shall
local governance secure a franchise and such cooperatives shall
4. The provision of this article shall apply to all open their membership to all person qualified
similar agreement referred to in paragraph 1 4. In areas where appropriate cooperative exist,
5. The responsibilities of the employer as stated in members shall be granted to the cooperatives
paragraph 1 and 2 shall be mandatory concerned
5. Preferential treatment shall be granted to
Article 59. Primary Lien – A cooperative shall have a cooperatives
primary lien upon capital, deposit or interest of a member 6. Preferential and equitable treatment in the
for any debt due to the cooperative allocation or control of bottomries
7. Cooperatives and their federation such as farm
Article 60. Tax Treatment of Cooperatives – Duly and fishery shall have preferential rights in the
registered cooperatives which do not transact any business management of public market
with non-member or the general public shall not be subject 8. Cooperatives engaged in credit services shall be
to any taxes and fees entitle to loan, credit lines
9. A public transport may be entitled to financing
Article 61. Tax and Other Exemptions – Transactions of
support for the acquisition and maintenance of
members to cooperative shall not be subject to any taxes
land and sea transport
and fees, including but limited to final taxes on members
10. Cooperatives transacting business with
1. Not more than 10 million shall be exempt from government shall exempt from prequalification
all nation, city, provincial, municipal, or bidding requirements
barangay taxes 11. Cooperative shall enjoy the privilege of being
2. More than 10 million shall pay the following represented by the provincial except when the
taxes adverse party is republic of the Philippines
a. Income Tax – Amount allocated for interest 12. Cooperative organized by faculty member shall
in capital have preferential rights
b. Value Added Tax – transaction with non 13. Appropriate housing agencies shall create special
members window for financing housing projects
c. All other taxes unless otherwise provided undertaken by cooperatives
d. Donations to charitable, research and
educational institution
3. All cooperative, regardless of the amount shall be CHAPTER VI
exempt from payment of local taxes INSOLVENCY OF COOPERATIVES
4. In areas where there are no available notaries to
Article 63. Proceedings Upon Insolvency - If cooperative
public shall render service, free of charge, to any
is unable to fulfill its obligation to creditors due to
person
insolvency, such cooperatives may apply for such remedies
5. Any register of deeds shall except for registration
as it may deem fit under the provision of Insolvency Law
6. Cooperative shall exempt from the payment of all
court where such actions is brought by the
authority
7. All cooperatives shall be exempt from putting up CHAPTER VII
a bond for bringing an appeal against the decision
of an inferior court DISSOLUTION OF COOPERATIVES
8. Any security issued by cooperatives shall be
exempt from the provisions of the securities act Article 64. Voluntary Dissolution Where no Creditors are
Affected – If dissolution does not prejudice the rights of
Article 62. Privileges of Cooperatives – any creditor, the dissolution may be effected by a majority
vote of the BOD, and by resolution duly adopted by the
1. Cooperatives shall enjoy the privilege of affirmative vote of at least ¾ of all the member
depositing their sealed cash boxes or containers
2. Cooperatives organized among government Article 65. Voluntary Dissolution Where Creditors are
employees shall enjoy the free use of any Affected - If dissolution prejudice the rights, the petition
available space in their agency for dissolution shall be filed with the authority.
The order of dissolution shall set forth therein: Article 74. Assignment of Share Capital Contribution or
Interest – No member shall transfer his share or interest in
1. The asset and liabilities the cooperative unless:
2. The claim of creditor
3. The number of member 1. He held share capital not less than one year
4. The nature and extent 2. The assignment is made to the cooperative
3. The BOD has approved such assignment
Article 66. Involuntary Dissolution –
Article 75. Capital Build Up –Realistic capital build up
1. Violation of any law or regulation program to allow the continuing growth of the member
2. Insolvency investment
Article 67. Dissolution by Order of the Authority – The Article 76. Shares – unit of a capital in a primary
authority may suspend or revoke after due notice the cooperative the par value of which may be fixed at any
certificate of registration on any of the following grounds: figure not more than 1,000
Article 69. Liquidation of Cooperative – Every cooperative Article 79. Revolving Capital – strengthen its capital
whose charter expires by its own limitation or whose structure by deferring the payment of patronage funds
existence is terminated
1. Member share capital Article 82. Nonliability for Defamation – Auditor is not
2. Loan and borrowing liable to any person in an action for defamation
3. Revolving capital
4. Subsidies, donation Article 83. Right to Examine – Shall have the right to
examine the records required to be kept by the cooperative
Article 73. Limitation on Share Capital Holding – No
member shall own more than ten percent of the share Article 84. Safety of Records – shall keep and carefully
capital of the cooperative preserve the records
CHAPTER X 4. Facilitate the expeditious transfer of appropriate
and suitable technology
ALLOCATION AND DISTRIBUTION OF NET 5. Provide social security benefits
SURPLUS 6. Provide non formal education to beneficiaries
7. Acts as conduit for external assistance
Article 85. Net Surplus – Net surplus shall be determined 8. Undertake a comprehensive and integrated
in accordance with bylaws and it shall determine at the development program
close of every fiscal year 9. Represent the beneficiaries on all matter that
affect their interest
Article 86. Order of Distribution –
10. Undertake such other economic or social
1. An amount for the reserve fund at least ten activities
percent of net surplus
Article 89. Cooperative Estates – Plantations, estates or
a. Reserve shall be used for the stability of the
haciendas
cooperative
b. Reserve fund shall not be utilized for Article 90. Infrastructure – shall grant agrarian reform
investment preferential treatment in the construction and maintenance
c. Upon dissolution, reserve fund shall not be
distributed Article 91. Lease of Public Lands – May lease not
(i) Establish usufructuary trust fund exceeding 25 years and subject to renewal for another 25
for the benefit of any federation years
(ii) To donate, contribute for the
benefit of the community Article 92. Preferential Rights – Agrarian reform shall
2. An amount for education and training fund, shall have preferential right in the grant of franchise and
not be more than ten percent of the net surplus certificate of public convenience
a. Half of amount transferred to the education
and training fund shall be spent by the Article 93. Privileges –
cooperative foe education and training
purposes 1. Supply and distribution to consumer, industrial
b. Upon the dissolution., the unexpected goods, raw material and supplies
balance shall be credited to the cooperative 2. Marketing of the products and service
3. An amount for the community development fund, 3. Processing of the member product into finished
shall not be less than three percent of the net consumer or industrial goods
surplus ‘ 4. Provision of essential public service
4. An optional fund shall not exceed seven percent 5. Management, conservation of marine and mineral
5. The remaining net surplus shall be made 6. Provision of financial, technological required by
available to members in the form of interest on the beneficiaries
share capital
Article 94. Organization and Registration – may organized
and registered only upon prior written verification by the
DAR (Development Agrarian Reform)
CHAPTER XI
Article 95. A –
AGRARIAM REFORM COOPERATIVES
Article 96. A –
Article 87. Coverage – Agrarian reform
Article 97. A –
Article 88. Definition and Purpose – Agrarian reform is
one organized by marginal farmers for the purpose of Article 98. A –
developing an appropriate system of land tenure
Article 99. A –
1. Develop an appropriate system of land
2. Coordinate and facilitate the dissemination of
scientific methods of production
3. Provide financial facilities to beneficiaries