Cooperative

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10 Questions

What is the maximum term length for members of the Board of Trustees?

2 years

Which action requires a 60-day notice for termination?

Withdrawal of membership

What is required to be submitted for the organization and registration of a cooperative?

Economic Survey

Who is disqualified from being an officer of a cooperative?

Somebody with a conflict of interest

What composition percentage is required for a quorum in the General Assembly for cooperatives?

25%

What is not a function of the Board of Trustees?

Auditing financial records

What kind of meeting must be held 90 days after the close of the fiscal year in a cooperative?

Regular meeting

Which body is the highest policy-making body in a cooperative?

General Assembly

What requirement must officers fulfill before they can be removed from their position?

Due hearing

Which committee is not listed among the committees of a cooperative?

Nomination Committee

Study Notes

Midterms

  • Attorney Precious Swelan Santiago is relevant to business laws and regulations
  • PDIC provides technical assistance to cooperatives
  • Exemption from pre-qualifying bid requirements is possible for cooperatives
  • Legal representation is necessary for cooperatives
  • Blanket loans are a type of loan relevant to cooperatives

Organization and Registration

  • A minimum of 5-15 natural persons are required to form a primary cooperative
  • An Economic Survey is required for cooperative registration
  • Articles of Cooperation and a Certificate of Cooperation are necessary documents
  • Registration requires 9 specific steps, including a Pre-Membership Education Seminar

Membership

  • There are two types of memberships: regular and associate
  • Members are liable to the extent of their contribution to share capital
  • Membership can be terminated with a 60-day notice
  • Members have the right to examine records of the cooperative

General Assembly

  • The General Assembly is the highest policy-making body of a cooperative
  • The Assembly is composed of members entitled to vote
  • Regular meetings are held 90 days after the close of the fiscal year
  • Special meetings require a 1-week notice and can be petitioned by 10% of members
  • A quorum requires 25% of all members entitled to vote
  • Each member has one vote, with a maximum of four incentive votes

Board of Trustees

  • The Board of Trustees consists of 5-15 members elected for a 2-year term
  • The Board is responsible for strategic planning, direction-setting, and policy-formulation
  • Regular meetings are held once a month, with special meetings requiring a 1-week notice

Trustees

  • Trustees cannot hold positions directly involved in the operation and management of the cooperative
  • Trustees need not be members if appointed by a financing institution
  • Trustees with conflicts of interest or engaged in similar businesses are disqualified

Officers

  • Officers serve during good behavior and can only be removed for cause
  • Officers with conflicts of interest or 3rd degree relationships are disqualified
  • Officers are required to post a bond

Committees

  • There are five committees: Executive, Audit, Election, Mediation and Conciliation, and Ethics

Liabilities

  • Self-dealing can be ratified by ¾ votes of members
  • Disloyalty, illegal use of confidential information, and secret profits are liabilities

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