MC 2020-03 | Regulatory Relief for Cooperatives in View of Proclamation No. 922

MEMORANDUM CIRCULAR NO. 2020-03
Series of 2020.
SUBJECT : REGULATORY RELIEF FOR COOPERATIVES IN VIEW OF PROCLAMATION NO. 922


Pursuant to Article 53 of R.A. No. 9520 and Rule 8, Section 6 of its Implementing Rules and Regulations and considering the issuance by President Rodrigo R. Duterte, on March 8, 2020, of Proclamation No. 922 declaring a State of Public Health Emergency Throughout the Philippines due to the outbreak of Covid-19, the following guidelines are issued to govern the availment of regulatory relief by cooperatives:

Section 1. TITLE. This Circular shall be known as the “REGULATORY RELIEF FOR COOPERATIVES IN VIEW OF PROCLAMATION NO. 922”.

Section 2. COVERAGE. This Circular covers all cooperatives registered with the Authority.

Section 3. REGULATORY RELIEF.
In the light of the above-stated Proclamation No. 922, cooperatives are hereby allowed to postpone their scheduled general assembly meeting and election of officers for a period of three (3) months from the effectivity of this Circular or until such time that State of Public Health Emergency is lifted, whichever comes first. Incumbent officers shall be on hold-over capacity until such time that a general assembly meeting and election of officers are conducted. Pending the conduct of general assembly meeting, the cooperative shall operate on a reenacted budget.
Cooperatives which opt to postpone their general assembly meeting and election of officers under this Circular shall be relieved from the following:
1. Conduct of general assembly meeting and election;
2. Conduct of community programs or activities involving a large crowd;
3. Findings of CDA for the following violations:
a. Non-presentation to the general assembly of the required reports;
b. Non-approval of the development/annual plan.

Section 4. REQUIREMENTS. The following are the requirements to be submitted to the Authority for the availment of regulatory relief:
1. Letter informing CDA Central Office/Extension Office concerned of the postponement of the General Assembly, signed by the Chairperson and/or the Chief Executive Officer/General Manager of the cooperative;
2. Board Resolution requesting availment of the regulatory relief.

Section 5. SUBMISSION OF REQUIRED REPORTS AND ISSUANCE OF CERTIFICATE OF COMPLIANCE (COC).
The required reports shall still be submitted to the Authority within one hundred twenty (120) days after the close of the calendar year for the issuance of Certificate of Compliance (COC). The reports as submitted shall be posted in a conspicuous place in the premises of the cooperative.
In case the postponed general assembly meeting will later on be conducted, the Authority shall be informed of any changes in the submitted reports within five (5) days after the conduct of the said general assembly.

Section 6. APPLICABILITY PERIOD. The availment of regulatory relief shall cover ONLY the operations of the cooperatives for calendar year 2019.

Section 7. INFORMATION DISSEMINATION. All concerned CDA Extension Offices must endeavor to inform and disseminate this Circular to cooperatives within their jurisdiction.

Section 8. EFFECTIVITY. This Memorandum Circular shall take effect immediately after its publication with the Office of National Administrative Register (ONAR).

Approved per BOD Resolution No. 091, S-2020 dated March 11, 2020.

For the Board of Directors:

(Sgd) ORLANDO R. RAVANERA
Chairman


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