Thursday, April 2, 2015
CO-OP REPORTS: 2015 REVISED IRR OF RA 9520
REPORTS REQUIRED FOR COOPERATIVES
Section 1. Legal Basis. The legal basis for this Rule is Art. 53 of the Code, quoted as follows:
"Art. 53. Report.
(1) Every cooperative shall draw up regular reports of its program of activities, including those in pursuance of their socio-economic undertakings, showing their progress and achievements at the end of every fiscal year. The reports shall be made accessible to its members of record.
These reports shall be filed with the Authority within one hundred and twenty (120) days from the end of the calendar year. The form and contents of the reports shall be prescribed by the rules of the Authority. Failure to file the required reports shall subject the accountable officer/s to fines and penalties as may be prescribed by the Authority, and shall be a ground for the revocation of authority of the cooperative to operate as such. The fiscal year of every cooperative shall be the calendar year, except as may be otherwise provided by the by-laws.
(2) If a cooperative fails to make, publish and file the reports required herein, or fails to include therein any matter required by the Code, the Authority, within fifteen (15) days from the expiration of the prescribed period, shall send such cooperative a written notice stating its non-compliance and the commensurate fines and penalties that will be imposed until such time that the cooperative has complied with the requirement."
Section 2. Required Regular Reports. All cooperatives registered with the Authority shall be required to submit annually, the Cooperative Annual Progress Report (CAPR) with the following attachments:
a. Social Audit Report including its program of activities pursuant to its socio-civic goals of the cooperative.
b. Performance Audit Report, including copies of the semi-annual Report on mediation and conciliation as received by the Authority pursuant to to EO 97.
c. Audited Financial Statements; and
d. List of Officers and Trainings Undertaken/Completed.
In the case of CDA-registered electric cooperatives, they shall be required to submit the list of Members issued with Share Capital Certificate in addition to the Cooperative Annual Progress Report (CAPR).
The Cooperative Annual Progress Report (CAPR) including all of the reports shall be made part of the Annual Report of the cooperative to its members during the Annual General Assembly Meeting.
Section 3. Additional Attachments for Federations and Unions. In addition to the above, Federations and Unions shall submit to the Authority the following on an annual basis:
1. List of affiliates and cooperatives which have remitted their respective Cooperative Education and Training Funds (CETF);
2. Business consultancy assistance to include the nature and cost, including the use of CETF; and
3. Other training activities undertaken specifying therein the nature, participants, and cost of each activity.
Section 4. Mode of Filing Reports. All registered cooperatives shall file with the Authority a copy of the required reports either through personal delivery, by registered mail, by courier service, or by electronic means, within one hundred and twenty (120) days from the end of each calendar year. The date of mailing the required reports either by registered mail, by courier service, or by electronic means shall be considered the date of filing.
For reports submitted by electronic means, the Authority shall be furnished the printed copy of the electronically transmitted report within five (5) days from the date of transmission. Failure of the cooperative to furnish the Authority with a printed copy shall be considered as if no report has been filed, hence, the cooperative shall be considered in delay in the submission. Likewise, any material alterations or tampering, which made the electronic document different from the original shall be considered as if no report has been filed and the electronic document has never been received.
Section 5. Form of the Reports. The reports shall be typewritten or printed in a form prescribed by the Authority, duly certified by the Accountable Officers as specified in Section 8 hereof.
Section 6. Delay in the Filing of the Reports. Failure to file the reports on the prescribed time as provided in this Rule shall be considered delay. However, if the delay is due to fortuitous events including but not limited to fire, storms, or other natural calamities; an order from any competent court or government agency; or a declared national emergency or public disorder including strikes and lockout, the period for such delay may be excused provided that the Authority is afforded due notice not more than fifteen (15) days from the cessation of the cause of delay. Thereafter, the cooperative shall be given another thirty (30) days to file the required report the lapse of which shall consider the cooperative in delay.
Delay shall commence on the day following the last day for prescribed for the filing of reports. However, should the last day of filing fall on a non-working holiday, the last day of filing shall be working day preceding the holiday.
For the purpose of establishing delay, partial compliance shall be considered non-compliance and the cooperative shall be in delay until such time that the filing of the required reports have been fully complied with.
Without prejudice to the commencement of the period of delay and within fifteen (15) days from the lapse of the period to file the required reports, the Authority shall notify the cooperatives of their non-compliance, stating among others that delay has commenced to run, and the commensurate fines and penalties that will be imposed as a result of its failure to file the required reports.
However, for newly registered cooperatives, the Authority may provide technical assistance to enable said cooperatives to submit reports as required by law. Such technical assistance shall be prescribed in the guidelines to be issued by the Authority.
Section 7. Sanction for Delayed Filing. Failure to file the required regular reports with the corresponding attachments on time shall subject the Accountable Officers to a fine of One Hundred Pesos (Php100.00) per day of delay.
Within thirty (30) calendar days from receipt of notice of non-compliance and failure to file the required reports, the cooperative or its accountable officers may request for reconsideration and the lifting of the commensurate fine or penalty only on grounds of excusable delay as provided under Section 6 of these rules. Failure of the Authority to act on such request within sixty (60) days from receipt thereof shall result to the granting of such request. The decision of the Authority is final and executory.
Filing the Cooperative Annual Progress Report (CAPR) without or with incomplete attachments shall be considered non-compliance and shall subject the Accountable Officers to fines and penalties as if there was delay.
Other than the imposition of monetary penalties, the Authority may dissolve/revoke, after due process, the certificate of registration of the cooperative.
Cooperatives with assets of Three Million Pesos (Php3,000,000.00) and below shall be exempted from the monetary penalties but may be meted the penalty of non-issuance of Certificate of Compliance.
Section 8. The Accountable Officers. For the purpose of this Rule, accountable officers shall refer to the employees or officers of the cooperative responsible for the preparation of the required regular reports and its attachments, and in whose fault or negligence the delay may be attributed.
(To be continued...).