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Cooperative Development Authority Charter of 2019
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Cooperative Development Authority Charter of 2019
Republic Act No. 11364
August 8, 2019
Case Overview and Summary
Summary of Republic Act No. 11364 (Cooperative Development Authority Charter of 2019)Declaration of Policy and Mandate (Section 2)
- Declares the policy to promote cooperatives as instruments of equity, social justice, and economic development.
- Recognizes cooperatives as associations for economic and social betterment based on mutual aid and cooperative principles.
- Mandates government agencies to include cooperatives in national development plans and provide resources.
- Maintains policy of non-interference in cooperative management, except as provided in the Act.
Cooperative Development Authority (CDA) (Sections 3-4)
- Strengthens and reorganizes the existing CDA to implement the Act and the Cooperative Code.
- Outlines the powers and functions of the CDA, including:
- Formulating regulations, standards, and guidelines for cooperatives (Section 4a).
- Developing comprehensive plans and programs for cooperative development (Section 4b).
- Registering cooperatives, amendments, mergers, and consolidations (Section 4c-d).
- Exercising supervision and jurisdiction over cooperatives (Section 4f).
- Requiring reports, audits, and developing information systems (Section 4g-h).
- Prescribing fees, fines, and charges for its functions (Section 4j).
- Conducting inspections, examinations, and investigations of cooperatives (Section 4n).
- Providing training, technical assistance, and capacity building (Section 4o).
- Disciplining erring officers and members of cooperatives (Section 4p).
- Ordering suspension, cancellation, dissolution, and liquidation of cooperatives (Section 4q-r).
- Hearing and deciding inter-cooperative and intra-cooperative disputes (Section 4t-v).
- Recognizing apex organizations and a national alliance of cooperatives (Section 4z).
- Establishing consultative mechanisms and cooperative development councils (Section 4aa-cc).
- Collaborating with agencies for technical, marketing, and technology assistance (Section 4dd-ee).
- Establishing linkages with academe for education, training, and research (Section 4gg-jj).
Board of Directors (Sections 5-10)
- Establishes a Board of Directors as the policy-making body of the CDA.
- Outlines the composition, qualifications, terms, and removal process for the Chairperson and Members.
- Defines the powers and functions of the Board, including policy formulation, strategic planning, and case resolution.
Administrator and Deputy Administrators (Sections 11-13)
- Provides for the appointment of an Administrator to execute policies and manage operations.
- Establishes five Deputy Administrators to assist the Administrator in specific areas.
- Outlines the qualifications and powers of the Administrator.
Registration, Prohibition, and Settlement of Disputes (Sections 14-16)
- Requires the CDA to furnish tax agencies with lists of registered cooperatives for tax exemption purposes (Section 14).
- Prohibits the unauthorized use of the word "cooperative" and imposes penalties (Section 15).
- Promotes settlement of disputes through alternative dispute resolution mechanisms (Section 16).
Training Standards and Partnership (Sections 17-18)
- Mandates the CDA to formulate training standards for cooperative officers and members (Section 17).
- Establishes a partnership between the CDA, cooperative sector, and academe for cooperative development (Section 18).
Cooperatives in Education, Agriculture, Banking, and Other Sectors (Sections 19-22)
- Requires inclusion of cooperativism in educational curricula at various levels (Section 19).
- Prioritizes the promotion and development of agricultural, agrarian, and aqua cooperatives (Section 20).
- Promotes the development of cooperative banks and financial service cooperatives (Section 21).
- Requires cooperatives to secure necessary licenses and permits for regulated activities (Section 22).
Reorganization, Transitory Provisions, and Appropriations (Sections 23-25)
- Provides for the reorganization of the CDA within 120 days and absorption of existing personnel (Section 23).
- Outlines transitory provisions for incumbent officials, assets, liabilities, and accounts receivables (Section 24).
- Appropriates funds for the implementation of the Act (Section 25).
Implementing Rules, Information Campaign, Oversight, and Repealing Clause (Sections 26-29)
- Requires the formulation of implementing rules and regulations in consultation with stakeholders (Section 26).
- Mandates a massive information campaign on the provisions of the Act (Section 27).
- Establishes a Joint Congressional Oversight Committee to review and monitor implementation (Section 28).
- Repeals Republic Act No. 6939 and other inconsistent laws (Section 29).
Separability Clause and Effectivity (Sections 30-31)
- Includes a separability clause to preserve valid provisions if any part is declared unconstitutional (Section 30).
- Sets the effectivity date 15 days after publication in the Official Gazette or newspapers (Section 31).
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Law
Cooperative Development Authority Charter of 2019
Republic Act No. 11364
•August 8, 2019
REPUBLIC ACT NO. 11364
AN ACT REORGANIZING AND STRENGTHENING THE COOPERATIVE DEVELOPMENT AUTHORITY, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6939, CREATING THE COOPERATIVE DEVELOPMENT AUTHORITY
SECTION 1. Short Title. — This Act shall be known as the "Cooperative Development Authority Charter of 2019."
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to promote the viability and growth of cooperatives as instruments of equity, social justice and economic development and to create an agency, in fulfillment of the mandate in Section 15, Article XII of the 1987 Constitution.
The State recognizes cooperatives as associations organized for the economic and social betterment of their members, operating business enterprises based on mutual aid, and founded upon internationally accepted cooperative principles and practices. The State also recognizes the Cooperative Development Authority as primarily responsible for the institutional development and regulation of cooperatives through partnership with the cooperative sectors and the academe. Accordingly, the State recognizes the right of the cooperatives to initiate and foster within their own ranks cooperative promotion, organization, training, information gathering, audit and...
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Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
cooperatives
cooperative development
Cooperative Development Authority
cooperative registration
cooperative regulation
cooperative supervision
cooperative disputes
cooperative training
cooperative education
agricultural cooperatives
agrarian cooperatives
aqua cooperatives
cooperative banks
financial service cooperatives
cooperative sector
cooperative principles
cooperative promotion
cooperative organization
cooperative development plans
cooperative development programs
cooperative development councils
cooperative apex organizations
cooperative national alliance
cooperative partnerships
cooperative academe linkages
cooperative curriculum
cooperative oversight
cooperative implementing rules
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