Manual of Rules and Regulations For Cooperatives With Savings and Credit Services
Manual of Rules and Regulations For Cooperatives With Savings and Credit Services
Manual of Rules and Regulations For Cooperatives With Savings and Credit Services
Manual of
PRIMER ON THE MANUAL OF RULES AND REGULATIONS
FOR COOPERATIVES WITH SAVINGS
AND CREDIT SERVICES IN THE PHILIPPINES
2. How will compliance to the rules and regulations set forth in this Manual
benefit the members of the regulated cooperatives?
3. Is the issuance of these rules and regulations for cooperatives with sav-
ings and credit services consistent within the mandate of the
Cooperative Development Authority (CDA) to develop and strengthen
the cooperative sector?
The rules and regulations set forth in this Manual are in accordance with the
rule making authority of the CDA (Section 13 of RA 6939). It states that “…
The Authority is hereby authorized to promulgate, after due public hearing
and upon approval of the President, such rules and regulations as may be
necessary to implement the provisions of this Act….”
6. Why do cooperatives with savings and credit services need the rules and
regulations contained in the MORR?
Cooperatives with savings and credit services should comply with the rules and
regulations contained in the MORR because compliance to these rules will:
7. Who will regulate and supervise the savings and credit operations of
cooperatives?
All prospective and duly registered cooperatives that intend to or will continue to
engage in savings and credit activities are required to apply for a License to
Operate as SCC in accordance with the following schedule:
13. What will happen to those cooperatives engaged in savings and credit
operations with less than the minimum paid-in capitalization?
Cooperatives with less than the minimum paid-in capitalization will not be
covered by the provisions in the MORR and will not be supervised by any
supervising authority. They are, however, expected to comply with the
guidelines provided for in Appendix A of the MORR. These guidelines are those
provided for in the Cooperative Code and are applicable to all cooperatives.
Strict adherence to these guidelines will also prepare the cooperative to move
towards a regulated environment.
14. What will happen to those cooperatives that are required to apply for a
license to operate but do not have one?
Cooperatives that are required to apply for a license to operate but do not have
any either because their application was disapproved or they simply do not
want to apply for a license, shall immediately terminate and cease from
engaging in any credit activity. They can, however, continue their savings
operations and use their resources for productive activities other than credit.
The following are the minimum requirements that must be complied with before
a cooperative is granted a provisional license to operate.
17. What are the other Additional Requirements for the Regular License?
• Chart of Organization
18. What are the privileges of a cooperative that has been given the license to
operate?
Duly licensed cooperatives shall include in their names the term “Savings and
Credit Cooperative (SCC)” and display at their business office the following sign
“Licensed by the CDA to operate as Savings and Credit Cooperative (SCC).”
19. Will the applicant cooperative be required to pay a license fee? If so, how
much?
Cooperatives applying for a license to operate will be required to pay for the
following license fee:
The CDA shall review the amount of fees every two (2) years and shall adjust
such fees as necessary.
The officers of the SCC shall be comprised of the members of the Board of
Directors, the Secretary, the Committee members and the key management
officers (i.e. General Manager/Chief Executive Officer, Treasurer and the
Accountant).
21. What are the minimum qualifications of the members of the Board of Direc-
tors (BOD)?
The members of the BOD should at least possess the following qualifications:
The key management officers of the SCC are the following: the General
Manager or its equivalent rank, the Treasurer and the Accountant.
The key management officers of an SCC should at least possess the following
qualifications:
The SCC by-laws shall provide for the creation and establishment of the following
committees:
a. Audit
b. Credit
c. Election
d. Education/Training and Membership
e. Mediation and Conciliation; and
f. Other committees necessary for the proper conduct of the affairs of
the SCC.
25. Can the Board of Directors and committee members receive compensation
from the SCC? If so, how much?
The members of the BOD and the committee members of an SCC are allowed to
receive reasonable compensation in the form of per diems as set by the General
Assembly. The payment of per diem shall not exceed two (2) meetings in a
month. Only per diems shall be paid during the first year of existence of the
cooperative. In succeeding years, additional compensation may be granted to
directors/committee members provided that such additional compensation shall
be approved by a majority of the members with voting rights at a regular or
specific general assembly meeting.
REPORTORIAL REQUIREMENTS
The following reports are under Category A1 and should be submitted to the
CDA on a quarterly basis:
The following reports are under Category A2 and are required to be prepared on
a monthly basis and should be maintained at all times in the SCC.
The following reports are under Category B and should be submitted annually to
the CDA or as changes occur:
Reports shall be submitted to the Authority either personally or via registered mail,
or special delivery through couriers, or through electronic means.
32. Are there penalties for non-submission or delays in the submission of the re-
quired reports?
Yes, Php 100.00 per report per business day of default will be imposed on the
SCC for willful delay in the submission of required reports. Delay or default shall
start to run on the day following the last day required for the submission of
reports. If the deadline falls on a holiday, delay or default shall start to run on the
day following the next working day.
33. What types of crimes and losses should be reported to the Authority?
SCCs shall report the following crimes and losses to the Authority:
Net Worth is comprised of the member’s equity, donations and grants, reserve
funds less the unbooked allowances for probable losses on loans, investments
and other assets, and other capital adjustments as may be required by the CDA.
Risk Assets refers to the total assets of the SCC minus the following:
a. Cash on hand
b. Evidences of indebtedness of the Republic of the Philippines and of
the BSP and other evidences of indebtedness or obligations the
servicing and repayment of which are fully guaranteed by the
Republic of the Philippines
c. Loans covered by hold-out on deposits
d. Land owned by the SCC used for operations
e. Building and land improvements, net of depreciation
f. Furniture, fixtures and equipment, net of depreciation
g. Real estate mortgage loans insured by Home Insurance Guaranty
Corporation (HIGC), to the extent of the amount of the insurance.
h. Other non-risk asset items as authorized by the CDA
The net worth to risk assets ratio is an indicator that determines if the SCC’s
current net capital is still sufficient to meet competitive pressure and adverse
economic conditions as they arise. An SCC that complies with the prescribed
net worth to risk assets ratio has a relatively adequate capital for any
contingencies.
The net worth of the SCC shall at all times not be less than an amount equal to
eight percent (8%) of its risk assets. The following categories will apply in
determining whether an SCC has sufficient capital for safe and sound opera-
tions:
39. What specific actions of the Authority will be done for critically undercapital-
ized SCCs?
For critically undercapitalized SCCs and depending on the gravity of the SCC’s
financial condition, the Authority will either appoint a conservator, receiver or
liquidator, who will be responsible in the management and operations of the
SCC. This is primarily done to immediately conserve and preserve whatever
available assets are left with the SCC.
If the conservator determines, however, that the SCC will suffer additional loss to
its members or creditors if it continues operation, the conservator may then
recommend receivership and/or liquidation depending on the SCC’s condition.
The receiver shall gather, take charge of and administer all the assets and
liabilities of the SCC, and exert all efforts in collecting all realizable outstanding
receivables that the SCC has. Aside from administrative expenditures, the
receiver, shall not pay or commit any act that will involve the transfer or
disposition of any asset of the SCC.
Once collection efforts have already been exhausted, the SCC’s remaining
assets will then be placed under liquidation for disposition/payment /transfer for
any legal claims against it.
41. Who are allowed to open deposit accounts with the SCC?
Only members of the SCC and its affiliate laboratory cooperative may open
savings and/or time deposit accounts with the SCC. Depositing minors shall be
organized into a laboratory cooperative.
The liquidity reserve fund is a restricted fund that is to be set aside by the SCC to
provide for its liquidity requirements in case of contingencies such as massive
withdrawal of deposits by its members. At least two percent (2%) of the SCC’s
savings and time deposit liabilities shall be set aside as liquidity reserve fund.
43. What is the form and composition of the liquidity reserve fund?
a. At least 10% in the form of cash and on hand and/or cash in bank
b. The remaining amount in the form of evidences of indebtedness or
obligations of the government, its political subdivisions or
instrumentalities.
44. What should be the basis of the SCC in granting loans to its members?
In granting loans to its members, the SCC shall use the four “Cs” of credit:
Character, Capacity to Pay, Circumstances and Collateral.
The Board of Directors shall be responsible for setting written loan policies of the
SCC. These loan policies should reflect among other things the following: limits
on loan amounts, loan maturities and repayment terms, acceptable collateral
and interest rates. These shall be used by the key management officers as a
guide in the conduct of the lending operations of the SCC.
The SCC will pay a daily fine of one-tenth of one percent (1/10th of 1%) of the
excess over the loan limit but not to exceed Php500 per day. This fine will be
imposed on the SCC and on each of the directors voting for the approval of the
loan or credit accommodation in excess of the ceiling. The penalty for
exceeding the ceiling shall be computed based on the average amount of
loans in excess of the said ceiling during the same week.
Loans granted by an SCC shall have a maximum term of not more than five (5)
years except loans adequately secured by unencumbered real estate for the
purpose of home building and home development which may be granted
maturity dates not exceeding fifteen (15) years.
49. How will the loans to Directors, Officers, Staff and their Related Interests be
treated?
Loans granted to Director, Officers, Staff and their related interests shall have a
written approval of the majority of the directors of the SCC, excluding the
director concerned. A monthly aging report of these loans (DOSRI accounts)
shall be regularly reported to the Board. The SCC shall make these reports and
records available for inspection by the Authority.
50. What is the basis for providing for the Allowance for Probable Losses on
Loans?
The portfolio at risk (PAR) shall be used in determining the amount to be provided
for the allowance for probable losses on loans with a thirty (30) day grace period.
The following allowances are required:
51. Can an SCC make an investment? What are the allowable investments?
INTERNAL CONTROL
The regulations on internal control for SCCs are established for the following
reasons:
a. To safeguard the SCC’s assets;
b. To check on the accuracy and reliability of accounting data;
c. To promote operational efficiency; and
d. To encourage adherence to prescribed managerial policies.
54. How should the management of an SCC be structured to ensure that there is
sufficient internal control?
The SCC should provide for a management structure with clear accountability, a
board of directors with ability to provide independent check on management
and independent audit and compliance functions, and should follow the “four
eyes” principle i.e., segregation of various functions, cross checking, dual control
of assets and double signatures. It is equally important that management
conducts regular review of the internal control procedures.
The following records shall be compiled and made available for inspection by
the duly authorized examiner:
56. What is the role of the internal auditor? How is the internal auditor related to
the Audit Committee?
The internal auditor is a full time employee of the SCC and reports directly to the
Audit Committee. He is not a member of the Audit committee. He is primarily
tasked to ensure that:
The internal auditor shall be designated as the compliance officer of the SCC.
58. Is the SCC required to have an external auditor? What should be the
qualifications of the external auditor?
Yes, the SCC is required to have an external auditor. The external auditor should
be an independent certified public accountant duly recognized/accredited by
the CDA to audit an SCC’s books of accounts at least once a year.
The audit report shall contain a statement of the assets and liabilities of the SCC,
including earnings and expenses, amount of net surplus as well as losses and bad
debts.
PERFORMANCE STANDARDS
61. What will be used as performance standards for cooperatives with savings
and credit services?
The COOP-PESOS will be used as the performance standards for SCCs. The
COOP-PESOS is a set of indicators and standards which is comprised of two
components:
• Compliance
• Organization
• Operations and governance
• Plans and programs/performance
• Portfolio quality
• Efficiency
• Stability
• Operations
• Structure of Assets
The equivalent raw score for both the COOP and PESOS indicators are given the
appropriate rating based on the prescribed point scoring system. The overall
rating will be computed using a 20 percent weight for the COOP rating and 80
percent weight for the PESOS rating. The evaluator, in assessing the performance
of the SCC will use the following rating scale:
BRANCHING
Yes, an SCC can open a branch provided that the SCC has paid the branching
fee, complied and submitted the following requirements prescribed in the MORR
90 days prior to its opening:
During examination, the books and records, business affairs, administration and
financial condition of an SCC is verified, reviewed, investigated and inspected to
determine compliance with existing laws, circulars, rules and regulations and
other issuances. It may also include the reproduction of the SCC’s records,
The Authority shall conduct an examination of the SCC at least once a year and
at such other times as it may deem necessary.
The CDA shall, in accordance with the approved accreditation criteria, deputize
a cooperative federation and/or union to conduct the examination of their
member primaries. In cases where a SCC is a member of two or more deputized
federations and/or unions, such cooperative shall choose only one (1) deputized
federation and/or union where it will be subject to supervision and examination.
SCCs that are not members of a deputized cooperative federation and/or union
will be directly supervised and examined by the CDA until such time that the SCC
becomes a member of a deputized cooperative federation and/or union.
The CDA shall regularly monitor and validate the performance of deputized
federations and/or unions with regard to its supervision and examination
functions. If the CDA finds them violating the supervision guidelines and
procedures, the CDA shall revoke their deputization status.
Any SCC which shall willfully refuse to permit examination shall pay a fine of
P3,000.00 daily from the day of refusal and for as long as such refusal lasts.
Refusal to permit examination shall mean any act or omission which impedes,
delays, or obstructs the duly authorized examiner from conducting an
examination, including the act of refusing to accept or honor a letter of authority
to examine presented by representatives of the Authority.
70. To what particular provisions of the Manual will the general sanctions apply?
71. Who will impose the sanctions? Can a deputized federation impose the
sanctions?
No. Only the CDA, through a decision of the Board of Administrators, can
impose the sanctions provided for in the Manual subject to certain conditions
and limitations, and after due process.
72. What are the types of sanctions that the CDA may impose?
a. Monetary Penalty
b. Prohibition, Suspension or Removal of Directors/Officers
c. Cease and Desist Order
73. In the case of a monetary penalty, how will the amounts be determined?
Monetary penalties are grouped into three major classifications: (1) minor
offense, (2) less grave offense and (3) grave offense. In assessing the amount of
the penalty, the CDA shall consider the gravity of the violation, the history of
previous violations, the respondent's financial resources, good faith, and any
other matters as fairness and justice may require.
74. What should primarily be considered by the CDA before undertaking steps to
prohibit, suspend or remove an erring SCC director or officer?
Pending the outcome of a hearing on the case, a cease and desist order can be
issued with immediate effectivity if:
a. The SCC’s books and records are incomplete or inaccurate that the
Authority is unable, through the normal supervisory process, to
determine the financial condition of that SCC; or the details or the
purpose of any transaction or transactions may have an adverse
material effect on the financial condition of the SCC.
76. What if the SCC does not comply with the cease and desist order?
Should the SCC fail to comply with the cease-and-desist order, the CDA may
revoke the license to operate as SCC or cancel the cooperative’s registration.
77. Will the SCC and/or the concerned Director or Officer be given due process
before any sanction is imposed?
Yes. the Manual clearly defines an appeal and hearing process that should be
undertaken for each of the major classification of sanctions before an order is
deemed to be final and executory.
TRANSITORY PROVISIONS
78. How much time is given to the SCCs to comply with the requirement to fund
the statutory reserves?
SCCs should set aside at least twenty percent (20%) of the unfunded reserves
annually until it is fully funded. This means that within a five-year period from the
effectivity of the MORR, the SCC’s reserve should be fully funded.
79. How much time is given to the SCCs to comply with the two percent (2%)
deposit cash reserve level requirement and the required composition of
liquidity reserve fund?
The SCC is given two (2) years from the date of the effectivity of the manual to
comply with the liquidity reserve fund requirement.
The SCC is given three years to fully comply with the prescribed Allowance for
Probable losses on loans. The following schedule may be followed by the SCC:
The provisions of the MORR shall take effect upon approval by the President of
the Philippines or his duly designated representative and fifteen (15) days after
publication in the Official Gazette or in two (2) newspapers of general
circulation.