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(NAR) VOL. IV NO. 2 / JANUARY - APRIL 1993

[ CDA RESOLUTION NO. 57, s. 1991, September 23, 1993 ]

SYSTEMS AND PROCEDURES FOR THE REGISTER OF COOPERATIVES



Pursuant to Board Resolution No. 57, series of 1991 dated September 23, 1991 the following guidelines are hereby adopted to govern the Register of Cooperatives as provided for under Article 120 of the said law, quoted as follows:
"Article 120.  Register of Cooperatives — The Cooperative Development Authority shall establish a register which shall contain a chronological entry of the name of every cooperative registered or dissolved under this Code together with the basic information required for registration or dissolution and any other information considered useful.  The Cooperative Development Authority shall publish every year a list of cooperatives in existence, under dissolution and whose registration is cancelled during the year together with such information on each of them as may be prescribed in the regulations."
SECTION 1.       Title — These procedures shall be known as the Systems and Procedures on the Register of Cooperatives.

SECTION 2.       Definition of Terms — Under these procedures, the term:

a)      Register shall refer to such books as are required to be kept by the Authority and updated from time to time;

b)      Cessation of business shall refer to any stoppage of operations by a cooperative brought by any of the following:

1)    Voluntary dissolution;

2)    Involuntary dissolution by competent judicial body;

3)    Involuntary dissolution by order of the Authority;

4)    Merger;

5)    Consolidation;

6)    Division;

7)    Dissolution by failure to organize; and

8)    Any other legal cause to terminate or change the legal personality of the cooperative.

SECTION 3.       Coverage — These procedures shall only be applicable in the registration and dissolution of cooperatives.

SECTION 4.       Functions of the Authority — The Authority shall establish and maintain such books as are necessary that shall constitute the Register of Cooperatives.  Such information of a cooperative as are necessary shall be entered in chronological order.  The Authority shall also maintain such books wherein the dissolution of cooperative shall be entered.

SECTION 5.       Format of the Books — a) The Registers shall consist of such number of books, each with a volume number, wherein the required information shall be written down.  Each book shall contain one hundred (100) pages.  The last page of each book shall contain an attestation clause duly signed by the Director of the Registration and Legal Department of the Authority.  Such attestation clause shall be approved by the Chairman of the Board of Administrators of the Authority.

b)      Each page shall contain such number of columns as are required for the basic information of each cooperative as may be under these rules and a total of ten (10) rows corresponding to the number of registered cooperatives entered.  The bottom of each page shall contain certification clause signed by the Chief of the Registration Division.  The format of a page of the register shall be described in Annex "A"*.

SECTION 6.       Contents of the Register of Cooperatives — The following basic information of a cooperative shall be entered in the Register of Cooperatives.

a)      The date of issuance of the Certificate of Registration or Certificate of Re-registration;

b)      The name of the cooperatives;

c)      The official office address of the cooperatives;

d)      The type and category of the cooperatives;

e)      The initial authorized share capital of the cooperatives;

f)       The area of operations; and

g)      The remarks column which shall include the date of dissolution of the cooperative as cross-indexed with the Register of Dissolved Cooperatives.

SECTION 7.       Contents of the Register of Dissolved Cooperatives — The following basic information of a cooperative who has been dissolved or has ceased to do business in accordance with its purpose/s shall be entered in the Register of Dissolved Cooperatives:

a)      The date when the Certificate of Dissolution was issued;

b)      The name of the cooperatives;

c)      The principal office address of the cooperatives;

d)      The Certificate of Dissolution Number;

e)      The cause of dissolution or cessation of business of the cooperative;

f)       The date when liquidation proceedings were initiated;

g)      The name/s of the liquidator/s; and

h)      The remarks column which shall include the end of the period of liquidation and cross-reference with the Register of Cooperatives.

SECTION 8.       Entries — a) Each entry made in the registers shall be made chronologically.  No spaces shall be left blank by the person filling up the register.

b)      In case of a grievous or major mistake in the entry of information, the same shall be crossed out through the use of a single line drawn from one end of the row to the other and initialed by the person crossing the entries out with the date the erasure was made.

c        Such erasures of entries shall be noted on the last page of the book.

d)      After the book has been filled with the necessary entries, an alphabetical index shall be made containing the names of the cooperative entered in said book and its page number.

SECTION 9.       Examination of Registers — Any person may examine the Registers of Cooperatives and Dissolved Cooperatives during reasonable office hours and upon written request by the party wishing to examine such register.  Such request shall state the name of cooperative he wishes to examine and the date when such cooperative was registered, dissolved or ceased to do business.  He shall also pay an examination fee of Ten Pesos (P10.00).

SECTION 10.    Certificate of Entries — A certificate of the entries of a specific cooperative may be issued by the Authority upon the written request of a person and the payment of the certification fee of Twenty Five Pesos (P25.00).

SECTION 11.    Probative Value of the Registers — In the absence of the Certificate of Registration, Confirmation or Dissolution, the Certificate of Entries shall be prima facie evidence of such registrations or dissolution and the entries listed therein, if the same is certified by the officer of the Authority who has possession of the Registers.  The Certificate shall also bear the official seal of the Authority.

SECTION 12.    Annual List — Within one hundred and twenty (120) days after the end of each calendar year, a list of all cooperatives registered within the year shall be published in a newspaper of general circulation.  A list of all cooperatives under dissolution, have been dissolved or whose certificates have been cancelled during the past year shall also be published.  The list shall contain the following information:

a)      Name of cooperative;

b)      Principal office address; and

c)      Area of operations of the cooperative.

SECTION 13.    Effectivity — These procedures shall take effect upon their approval by the Board of Administrators of the Authority.

Adopted: 23 Sept. 1993

(Sgd.) EDNA E. ABERILLA
Chairman



* Not included here.
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