Professional Documents
Culture Documents
RULE 1
Representative Assembly
SECTION 1. Legal Basis. — The legal basis for this rule is Art. 5 (2),
(10) of the Code, quoted as follows:
"(2) General Assembly shall mean the full membership of
the cooperative duly assembled for the purpose of exercising all the
rights and performing all the obligations pertaining to cooperatives,
as provided by this Code, its articles of cooperation and by-laws.
Provided, that for cooperatives with numerous and dispersed
membership, the general assembly may be composed of delegates
elected by each sector, chapter or district of the cooperative and in
accordance with the rules and regulations of the Cooperative
Development Authority."
"(10) Representative Assembly shall refer to the full
membership of the body of representative elected by each of the
sector, chapter, or district of the cooperative duly assembled for the
purpose of exercising such powers lawfully delegated unto them by
the general assembly in accordance with its by-laws".
SECTION 2. Applicability. — This Rule shall apply to cooperatives,
which by reason of having numerous and dispersed membership, the
conduct of the general assembly meetings becomes extremely difficult;
Provided, That the adoption of representative assembly shall be stipulated in
the cooperative By-laws, which shall specify the following matters:
a. The basis for dividing the cooperative into sector, chapter, or
district;
b. The minimum number of regular members to compose each
sector, chapter, or district;
c. The quorum required in the sector, chapter, or district assembly
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meeting;
d. The number of Representative/s or Delegate/s to be elected to
represent the total number of the regular members in the sector,
chapter, or district;
e. The term of office of the Representative or Delegate;
f. The qualifications and disqualifications of the Representative or
Delegate; DaAETS
3. Records Management
4. Basic Accounting for Non-Accountant
5. Cooperative Standards
6. Internal Control including Inventory System
7. Basic Computer Program
E. Election Committee
1. Basic Cooperative Course
2. Records Management
3. Rules Formulation
4. Leadership and Values Re-orientation
5. Basic Computer Program
F. Ethics Committee
1. Basic Cooperative Course
2. Leadership and Values Re-orientation
3. Conflict Management
4. Records Management
5. Basic Computer Program
G. Mediation/Conciliation Committee
1. Basic Cooperative Course
2. Leadership and Values Re-orientation
3. Conflict Management
4. Records Management
5. Effective Communication
6. Basic Computer Program IDAaCc
Nevertheless, at any time during the said three (3)-year period, the
cooperative is authorized and empowered to convey all its properties to
Trustees for the benefit of its members, creditors and other persons in
interest, after which, all interests which the cooperative had in its properties
are terminated.
SECTION 14. Submission of the Board of Liquidators/Trustees' Final
Report. — The Cooperative Board of Liquidators/Trustees shall submit a final
report to the members of the liquidated cooperative and to the Authority,
Federation, or Union to which the cooperative is affiliated with.
Upon receipt of the Final Report of the Board of Liquidators/Trustees
and finding that said final report is complete and in order, the Authority shall
release the Liquidators/Trustees from their duties and functions. Thereafter,
the Authority shall effect the cancellation of the Certificate of Registration of
the subject cooperative and delisting of the name of the cooperative in the
Cooperative Registry.
For failure to submit the Final Report the Board of Liquidators/Trustees
shall not be released from their duties and functions, hence no clearance
shall be issued by the Authority.
SECTION 15. Summary Proceedings. — For cooperatives with assets
of not more than One Hundred Thousand Pesos (P100,000.00) as shown in
the Audited Financial Statements and with no known creditors, the Authority
may choose to initiate summary proceedings.
The following documents shall be required to be submitted by the
Board of Directors to the Authority:
1. Schedule of Assets;
2. Proposal of Distribution of Assets to its members;
3. List of intended beneficiaries of the Statutory Funds;
4. Affidavit of No Creditors; and
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5. Audited Financial Statement;
After due evaluation by the Authority, the same shall issue a written
authority to the Board of Directors to distribute the assets of the cooperative.
After which, the Board of Directors shall submit a final report.
SECTION 16. Suppletory Laws. — The provisions of Chapter Two (2)
and Three (3) of Title 19 on the Concurrence and Preference of Credits under
the New Civil Code and the provisions of Rule 104 of the Revised Rules of
Court on the Voluntary Dissolution of Corporations shall be used as
suppletory rules. HASTCa
RECOMMENDING APPROVAL:
FOR THE BOARD OF ADMINISTRATORS
COOPERATIVE DEVELOPMENT AUTHORITY