Amended Rule 7 and 8 of The IRR of RA 9520 PDF

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AMENDED IMPLEMENTING RULES AND

REGULATIONS OF RA 9520
Approved and signed on March 18, 2015

FE D. CAINGLES
IDD Director, CDA
RULE 7 –FUNCTIONS, RESPONSIBILITIES AND
TRAINING REQUIREMENTS OF DIRECTORS,
OFFICERS AND COMMITTEE MEMBERS
 Legal Basis
 Article 44 of RA9520

 The functions and responsibilities of the


directors, officers and committee members,
as well as their training requirements shall be
in accordance with the rules and regulations
issued by the Authority.
SEC. 2 OFFICERS OF THE COOPERATIVE

1) Board of Directors
2) Members of Different Committees created
by the General Assembly
3) General Manager or CEO
4) Secretary
5) Treasurer
6) Members holding other positions as maybe
provided for in their By-laws
SEC. 3 COMMITTEES OF THE COOP

 Audit
 Election

 Mediation and Conciliation

 Ethics

 Other Committees as maybe necessary for


the conduct of the affairs of the coop
FUNCTIONS OF THE BOARD OF DIRECTORS
 Provide over all policy directions
 Formulate development plan
 Review the annual plan and budget and
recommend for the approval of the RA/GA
 Evaluate the capability and qualifications of
the External Auditor and recommend to the
RA/GA for approval
 Appoint and terminate, based on just
cause , the General Manager or CEO
FUNCTIONS OF THE BOARD OF DIRECTORS
 Review, monitor and evaluate the
effectiveness of the programs, projects and
activities
 Formulate and review the vision, mission
and goals of the coop
 Establish risk management system
 Establish performance evaluation system at
all levels
 Review and approve the organizational and
operational structures
FUNCTIONS OF THE BOARD OF DIRECTORS

 Appoint the members of the mediation and


Conciliation Committee, Ethics Committee,
Education and Training Committee and Other
Officers as specified in the by-laws of the
coop
 Establish policies and procedures for the
effective operations and ensure its proper
implementation
FUNCTIONS OF THE BOARD OF DIRECTORS
 Decide election related cases involving the
election committee and its members
 Acts on the recommendations of the ethics
committee on cases involving violations of
the Code of Governance and Ethical
Standards
 Ensure compliance by the coop with the
regulations of the Authority and other
Statutory requirements
FUNCTIONS OF THE BOARD OF DIRECTORS

 Report to the GA/RA the performance and


achievements of the coop
 Present to the GA/RA policies which
require confirmation as provided under
the law, the coop by-laws and regulations
 Present to the GA/RA the financial, social
and performance reports
TRAINING REQUIREMENTS OF THE OFFICERS

 All officers of the cooperative are required to


undergo a minimum of sixteen (16) hours of
training on the fundamentals of cooperatives
and another sixteen (16) hours on
governance and management of coops within
the first half of their term.
TRAINING REQUIREMENTS OF THE OFFICERS

 For Micro Cooperatives


The officers are only required to undergo
sixteen (16) hours of training on the
fundamentals, governance and management of
cooperatives.
The content of the training program shall be
prescribed by the Authority in consultation with
the accredited training providers.
TRAINING REQUIREMENTS OF THE OFFICERS

 Cooperatives engaged in savings and credit


operations which have at least Five Million
Pesos (Php5,000,000.00) worth of deposits
liabilities , their officers are required to
undergo an additional sixteen (16) hours of
specialized trainings on financial
management, risk management and credit
management.
WHO WILL CONDUCT THE TRAINING ?

 The trainings shall be conducted by an


accredited training providers such as :
 Federations

 Unions

 Training Institutions,

 Local Development Offices

 National govt. Agencies


SANCTIONS FOR NON COMPLIANCE

 Willful failure of the coop to comply with the


training requirements despite due notice from
the Authority shall be a ground for non-
issuance of Certificate of Compliance for the
next succeeding year.
TRAINING REQUIREMENTS OF THE OFFICERS

 Failure of any officer/s of a coop to undergo


the prescribed trainings shall disqualify said
officer’s to hold any elective or appointive
position.
RULE 8 – REPORTS REQUIRED FOR
COOPERATIVES
LEGAL BASIS
 Art. 53 of RA9520
 Required Regular Reports
 Cooperative Annual Progress Report (CAPR)
with the following attachments:
> Audited Financial Statements
> Social Audit Report
> Performance Audit Report, including copies of the
semi annual report on Mediation and Reconciliation as
received by the Authority
> List of Officers and Trainings
Undertaken/Completed
REQUIRED REPORTS

 For Electric Cooperatives


Required to submit list of members issued
with share capital certificate in addition to
CAPR including its attachments
ADDITIONAL ATTACHMENT FOR FEDS AND
UNIONS
 List of Affiliates which remitted their CETF
 Business consultancy assistance , its nature
and cost , including the use of CETF
 Other Training activities undertaken
specifying the nature, participants and cost of
activity
MODE OF FILING THE REPORTS

 Personal Delivery
 Registered Mail

 Courier Service

 Electronic Means

To be submitted within 120 days and the date


of mailing shall be considered the date of
filing.
MODE OF FILING THE REPORTS

 For electronic means, a printed copy of the


electronically submitted report shall be
submitted to the Authority within five (5) days
from the date of transmission.
FORM OF THE REPORTS

 Typewritten or Printed in a form prescribed


by the Authority, duly certified by the
Accountable Officers.
DELAY IN FILING THE REPORT

 Delay shall commence on the day following


the last day prescribed for filing the report.
 Partial compliance shall be considered non
compliance and the coop shall be in delay
until fully complied with.
SANCTIONS FOR NON FILING OF REPORTS

 Php100.00 per day of delay


 The Authority may dissolve /revoke , after
due process, the registration of the coop
EXEMPTED FROM MONETARY PENALTY

 Micro Cooperatives with Assets of Three


Million Pesos (Php3,000,000.00) and below
.
 But cannot be issued Certificate of
Compliance for non submission of the
required reports
 The Accountable Officers. For this
purpose, Accountable Officers shall refer to
the employees/officers of the cooperative
who are authorized to prepare and
certify/approve the reports and in whose fault
or negligence the delay/failure is attributable.
END OF PRESENTATION

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