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RFBT > Cooperative Law > Flashcards

Cooperative Law Flashcards

1
Q

Cooperative principle

cooperative voluntary organizations, open to all persons able to use their services and willing to accept the responsibilities of membership, without gender, social, racial, cultural, political or religious discrimination

A

voluntary and open membership

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2
Q

Cooperative principle

cooperatives are controlled by their members who actively participate in setting their policies and making decisions. In primary cooperatives, members have equal voting rights of one member one vote

A

democrative member control

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3
Q

Cooperative principle

members contribute equitably to, and democratically control, the capital of their cooperatives. At least part of that capital is to common property of the cooperative. Members allocate surpluses for any or all of the following purposes: developing the cooperative by setting up reserves; benefiting members in proportion to their patronage; and supporting other activities

A

member economic participation

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4
Q

Cooperative principle

cooperatives or self-help organizations controlled by their members. If they enter into agreements with other organisations, they shall do so on terms that ensure democratic control of their members and maintain their cooperative autonomy

A

autonomy and independence

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5
Q

Cooperative principle

cooperative shall provide education and training for the members, elected and appointed representatives, and employees so that they contribute effectively and efficiently to the development of their cooperatives

A

education, training and information

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6
Q

Cooperative principle

cooperatives serve their members most effectively and strengthen the cooperative movement by working together through local, national and international structures

A

cooperation among cooperatives

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7
Q

Cooperative principle

cooperative work for the sustainable development of their communities through policies approved by their members

A

concern for community

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8
Q

A cooperative duly registered shall have _______ liability

a. Unlimited

b. Personal

c. limited

A

c.

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9
Q

True or false. A cooperative can be likened to a corporation with a personality separate and distinct from its owner members

A

true

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10
Q

Contents of an economic survey SAV

A
  1. Area of operation
  2. Size of membership
  3. other pertinent data in a format provided by the cda that relates to the viability of the cooperative to perform its purpose
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11
Q

Minimum number of members of a primary cooperative

A

15 natural persons

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12
Q

Which of the following is not qualification of a member of a primary cooperative

a. Filipino Citizen

b. Legal age

c. having a common bond of interest

d. Actually residing or working in the intended area of operation

e. Must have complete a pre membership education seminar

A

none of the above

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13
Q

A newly organized primary cooperative may be registered as multi-purpose cooperative only after ____________________________

A

compliance with the minimum requirements for multi-purpose cooperative to be set by the cda

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14
Q

True or false. A single purpose cooperative may transform into a multi-purpose or may create subsidiaries only after at least three years of operation

A

false. Two

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15
Q

Except for agricultural cooperatives and agrarian reform cooperatives, only those cooperatives with a minimum paid up capital of __________ or as required in the feasibility study, whichever is higher, maybe allowed to transform into a multi-purpose cooperative

A

100,000

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16
Q

What is the minimum subscription for cooperatives

A

25% of authorized share capital

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17
Q

The 25% minimum subscription of authorized share capital requirement shall apply to all types capital shares of a cooperative. True or false

A

false. Only to common share capital

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18
Q

True or false. fractional shares may be issued for both common and preferred share capital

A

false

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19
Q

How much is the minimum paid up share capital of a cooperative

A

25% of the total subscription but not less than 15,000, except for multi-purpose cooperative which should have at least 100,000 or as required by the feasibility study whichever is higher

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20
Q

The cda shall periodically assess the required paid of share capital and may increase it every _________ when necessary of one consultation with the cooperative sector and NEDA

A

5 years

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21
Q

A cooperative formed and organized under the cooperative code acquires juridical personality from the date ____________________

A

the authority issues a certificate of registration under its official seal

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22
Q

All applications for registration shall be finally disposed by the authority within a period of __________ from the filing, otherwise the application is deemed approved, unless the cause of delay is attributable to the applicant

A

60 days

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23
Q

In case of a denial of the application for registration, an appeal can be made to the ___________________ within _________ from the receipt of notice of such denial

A

office of the president, 90 days

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24
Q

Failure of the office of the president to act on the appeal in case of denial within _________ from the filing thereof shall mean approval of said application

A

90 days

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25
Q

The use of the words “development” and “integrated” shall be encouraged

A

false. Discouraged

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26
Q

The use of the federation and union in the name of the proposed primary cooperative is always prohibited. True or false

A

false it is prohibited except if it is part of the registered name of association or institution for the members of the proposed cooperative come from

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27
Q

Minimum number of members of a federation and union for the secondary category

A

10 primary cooperative, 15 primary cooperatives

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28
Q

Minimum paid up capital of federation and union for the secondary category

A

500,000, not applicable

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29
Q

Minimum number of members federations and unions for tertiary categories

A

10 secondary cooperatives, 15 secondary cooperatives

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30
Q

How much is the minimum paid up capital of federations and unions for tertiary categories

A

5 million or feasibility study requirement whichever is higher; not applicable

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31
Q

How much is the registration fee to be paid by the proposed federation

A

one-tenth of the 1% of the authorized share capital or the amount prescribed in the cda schedule of fees, whichever is higher

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32
Q

Required vote for amendment of articles of cooperation and bylaws

A

can only be made by 2/3 vote of all the members with voting rights without prejudice to the right of the dissenting members to exercise the right to withdraw their membership

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33
Q

Any registered cooperative may, by a resolution approved by a vote of _______ of all the members with voting rights, present and constituting a quorum, resolve to divided itself into the two or more cooperatives

A

3/4

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34
Q

What is the status of a division of a cooperative in fraud of creditors

A

invalid

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35
Q

No merger or consolidation shall be valid unless approved by a ______ vote of all the members with voting rights, present and constituting a quorum of each of the constituent cooperatives at a separate general assembly meetings. Dissenting members shall have the right to exercise the right to withdraw their membership

A

3/4

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36
Q

It refers to a primary cooperative which or whose members are involved or engaged in raising or culture of plants, fungi, and other living organism for productive and economic purpose and in related activities that lead to the reduction of costs and or or value addition of outputs

A

agricultural cooperative

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37
Q

Is one organized by marginal formers majority of which are agrarian reform beneficiaries for the purpose of developing an appropriate system of land tenure, land development, land consolidation or land management in areas covered by agrarian reform

A

agrarian reform cooperative

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38
Q

Its primary purpose is to procure and distribute commodities to members and non-members

A

consumers cooperative

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39
Q

It is a cooperative which engages in the supply of production inputs to members and markets their products

A

marketing cooperative

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40
Q

It is one that undertakes joint production weather agricultural or industrial it is formed and operated by its members to undertake the production and processing of raw materials or goods produced by its members into finished or processed products for sale by the cooperative to its members and nonmembers

A

producers cooperative

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41
Q

It offers a wide range of financial services to other cooperatives and their members

A

cooperative bank

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42
Q

It offers savings and lending services to its members

A

credit cooperative

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43
Q

Who are the clients of a credit cooperative

A

its members

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44
Q

It offers savings, credit and other financial services

A

financial service cooperative

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45
Q

Who are the clients of a financial service cooperative

A

none specified

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46
Q

This refers to a cooperative for the members of which or registered cooperatives and or or federations organize purposely to represent the interest and welfare of all types of cooperatives at the provincial city regional and national levels

A

union

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47
Q

It refers to a cooperative whereby the members of which or doing the same line of business

A

federation

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48
Q

A laboratory cooperative shall include in its name the words _____________________________________

A

” laboratory cooperative of (name of guardian)”

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49
Q

A laboratory cooperative obtains its juridical personality after the issuance of a certificate of registration. True or false

A

false. A certificate of registration issued to a laboratory cooperative does not bestowed upon it a juridical personality

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50
Q

True or false. The dissolution of the guardian cooperative shall result in the revocation of the certificate of registration of the laboratory cooperative

A

true

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51
Q

The laboratory cooperative shall be liable for any violations it committed in its operations. True or false

A

false. It is the guardian cooperative who shall be liable

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52
Q

True or false. A guardian cooperative may only supervise one laboratory cooperative

A

false. may be more than one

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53
Q

This members of cooperative has no right to vote nor be voted upon and shall be entitled only to such rights and privileges as the bylaws may provide

A

associate member

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54
Q

the requisites to be a regular member

  1. Meets the minimum requirement of regular membership
  2. Continuous a patronize the cooperative for ____________
  3. Signifies his or her intention to remain a member
A

2 years

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55
Q

Who are disqualified for ineligibility to become officers and directors of a cooperative?

A
  1. Any officer or employee of the cda, except in a cooperative organized by the officers or employees of the cda
  2. Elective officials of the government except to a partylist representative being an officer of a cooperative he or she represents
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56
Q

Termination of membership

withdrawal for a valid reason and giving off a _______ notice to the board of directors

A

60 days

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57
Q

The withdrawing member shall be entitled to a refund of his share capital contribution and all the other interests in the cooperative. True or false

A

true, provided that such font shall not be made if a pawn such payment the value of the assets of the cooperative would be less than the aggregate amount of its debts and liabilities exclusive of his share capital contribution

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58
Q

True or false. The insolvency of a member in a primary cooperative may be considered valid grounds for termination of membership

A

false. Insolvency applies to secondary or tertiary cooperative

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59
Q

The __________________ of member in a primary cooperative may be considered valid grounds for termination of membership

A

death or insanity

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60
Q

In case of death or insanity of an (what kind of cooperative) beneficiary member of a cooperative, the next of kin may assume the duties and responsibilities of the original member

A

agrarian reform

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61
Q

Membership in the cooperative may be terminated by a vote of ___________________________ for any acts prejudicial to the cooperative

A

majority of all the members of the board of directors

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62
Q

The decision of the board regarding the termination of a member shall be in writing and shall be communicated in person or by registered mail to send member and shall be appealable within __________ from the receipt thereof to the general assembly whose decision shall be final

A

30 days

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63
Q

They decide on appeals on membership termination

A

appeal and grievance committee which the general assembly created

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64
Q

The general assembly may create an appeal and grievance committee whose members shall serve for a period of ________ and shall decide appeals on membership termination

A

1 year

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65
Q

The appeals and grievance committee is given ______ from the receipt of appeal to decide thereon. Failure to decide within the prescribed period shall result to adm to approval in favor of the number.

A

30 days

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66
Q

Pending a decision on appeal on member’s termination by the general assembly, the membership remains suspended. True or false

A

false. The membership remains in force

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67
Q

The interest of a member whose membership has been terminated either by the cooperative or by the approved transferee shall be non-refundable. True or false

A

false. All sums computed in accordance with the bylaws to be due from a cooperative to a former member shall be paid to such member who has been terminated

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68
Q

It refers to the full membership of the cooperative duly assembled for the purpose of exercising the rights and performing all the applications pertaining to cooperatives, and is considered the highest policy making body of the cooperative

A

general assembly

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69
Q

Only for purposes of prompt and intelligent decision making, the general assembly may by a _____________________, delegate some of its powers to a smaller body of the cooperative; these powers shelby enumerated under the bylaws of the cooperative

A

3/4 of all its members with voting rights, present and constituting a quorum

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70
Q

What are the exclusive power of the general assembly which cannot be delegated
AmApDev

A
  1. To determine and approve amendments to the articles of cooperation and bylaws
  2. To elect or appoint the members of the board of directors, and to remove them for cause
  3. To approve developmental plans of the cooperative
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71
Q

The regular meeting of the general assembly shall be held __________ on a date fixed in the bylaws, or if so not fixed, any date within ______ after the close of each fiscal year

A

annually, 90 days

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72
Q

A special meeting of the general assembly shall be held whenever necessary. it may be called at any time by a __________________ or as provided for in the bylaws. A notice in writing should be sent ________ prior to the meeting to all members who are entitled to vote

A

Majority of the board of directors; 1 week

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73
Q

A special meeting shall be called by the board of directors after compliance with the required notice within _______ after receipt of a request in writing from at least ______ of the total members who are entitled to vote to transact specific business covered by the call

A

1 month, 10%

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74
Q

If the board fails to call a regular or special meeting within the given period, the authority, upon petition of _____ of all the members of the cooperative who are entitled to vote, and for good cause shown, shall issue an order to the petitioners directing them to call a meeting of the general assembly by giving proper notice as required by the code or in the bylaws

A

10%

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75
Q

In the case of a newly approved cooperative, special general assembly shall be called, as far as practicable, within______ from such approval

A

90 days

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76
Q

Quorum for general assembly

A

at least 25% of all the members entitled to vote

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77
Q

Quorum for a general assembly of cooperative banks and electric cooperatives

A

1/2 + 1; 5% of all members entitled to vote, unless otherwise provided by the bylaws

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78
Q

Voting system for a primary cooperative

A

one vote for each member

79
Q

Voting by proxy is not allowed in a primary cooperative. True or false

A

true. Voting by proxy may be allowed by the bylaws of a cooperative other than a primary cooperative

80
Q

In case of members of secondary or tertiary cooperative, they shall have one basic vote and as many incentive votes as provided for in the bylaws but not to exceed ______

A

5 votes

81
Q

The votes cast by the ____________ shall be deemed as votes cast by the members thereof

A

delegates

82
Q

They are responsible for the direction and management of the affairs of the cooperative, unless the bylaws provided otherwise

A

board of directors

83
Q

What is the composition of the board of directors

A

5 to 15 elected by the general assembly

84
Q

Maximum term for a board of director

A

2 years

85
Q

What are the powers of the board of directors

A
  1. Strategic planning
  2. Direction setting
  3. Policy formulation
86
Q

Membership is one of the qualifications to be a board of director

A

false. The cooperative may, by resolution of its board of directors, admit as directors or committee member one appointed by any financing institution from which the cooperative receive financial assistance solely to provide technical knowledge not available within its membership

87
Q

The members of the board of directors shall be directly involved in the day-to-day operation and management of the cooperative

A

false

88
Q

A person engage in a business similar to that of the cooperative is disqualified from election as a board of director of of said cooperative. True or false

A

true

89
Q

In the case of primary cooperatives, regular meetings of the board of directors shall be held ______________

A

at least once a month

90
Q

Special meetings of the board of directors may be held at anytime upen the call of the ____________ or _____________________: provided, that written notices of the meeting specifying the agenda of the special meeting should be given to all the members of the board _______ before the said meeting

A

chairperson; majority of the members of the board; 1 week

91
Q

What is the quorum for the board of directors

A

majority unless the bylaws provide otherwise

92
Q

True or false. Directors cannot attend or vote by proxy at board meetings

A

true

93
Q

If the cause of vacancy is due to the expiration of the term of member of the board, who shall fill the vacancy

A

general assembly, in a general or special meeting called for the purpose

94
Q

If the cause of the vacancy in the board of directors is other than the expiration of its term, who shall fill the vacancy

A

the board of directors if they still constitute a quorum; shall serve only up to the unexpired term

95
Q

Who shall elect the chairperson and vice chairperson of the board of directors

A

the board of directors from among themselves

96
Q

Who shall elect or appoint other officers of the cooperative

A

the board of directors from outside of the board in accordance with their bylaws

97
Q

Loss of confidence shall be a valid ground for removal of a board of director

A

false, not a valid ground unless evidence by acts or omission causing loss of confidence in the honesty and integrity of such officer

98
Q

No two or more persons with relationships to the _______ civil degree of consanguinity or affinity nor shall any person engage in a business similar to that of the cooperative nor who and any other manner has interest in conflict with the cooperative shall serve as an appointive officer.

A

Third

99
Q

What are the committees required to be provided under the bylaws

A
  1. Audit
  2. Election
  3. Mediation and conciliation
  4. Ethics
  5. Such other committees as may be necessary
100
Q

What are the committees whose members are elected by the general assembly

A
  1. Audit
  2. Election
101
Q

Directors are not to receive any compensation as a general rule except if there is a provision in the bylaws fixing their compensation or reasonable diems, except

A
  1. if in the preceding calendar year, the cooperative reported and net loss
  2. Had the dividend rate less than the official inflation rate for this year
102
Q

True or false. No additional compensation other than per diems shall be paid during the first year of existence of any cooperative

A

true

103
Q

Resumption of grant per diem after a period of suspension shall be compounded. True or false

A

false

104
Q

Required vote for compensation of board of directors

A

majority vote of the numbers with voting rights at the regular or special assembly

105
Q

The compensation of all other employees shall also be determined by the general assembly. True or false

A

false. fixed in the bylaws or by the board of directors

106
Q

What is the status of contracts entered into by the cooperative with oneor more of its directors

A

voidable, at the option of the cooperative

107
Q

A contract entered into by the cooperative with one or more of its directors is voidable unless

A
  1. That the presence of such director in the board meeting wherein the contract was a proposed not a society constitute a quorum for such meeting
  2. That the vote of such to the thermos not necessary for the approval of the contract
  3. That the contract is fair and reasonable
108
Q

If the first two conditions for validity of a contract entered into by the cooperative with one of its directors is absent, such contract may be ratified by

A

3/4 vote of all the members who voting rights, present and constituting a quorum

109
Q

True or false. The rules with regard to self-dealing directors shall also be applied to self-dealing officers and committee members

A

true, except in the case of an officer or committee member, the contract shall be valid if it has been previously authorized by the general assembly or by the board of directors

110
Q

If a director who acquires for himself an opportunity which should belong to the cooperative used his own funds in the venture, the profit shall be a accrued for himself

A

false, unless his act has been ratified by 3/4 vote of all the members with voting rights present and constituting a quorum

111
Q

What is the liability of a director who by virtue of his office a course for himself an opportunity which should belong to the cooperative

A

liable for damages and must account for double the profits that otherwise would have accrued to the cooperative by refunding the same; unless ratified by 3/4

112
Q

What are the liabilities of a director or officer home for his benefit or advantage makes use of confidential information that, if generally known, my persona be expected to adversely affect the operation and viability of the cooperative

A
  1. Liable to compensate the cooperative for the direct losses suffered
  2. Accountable to the cooperative for any direct on a feet or advantage received or yet to be received by him
113
Q

To whom are complaints for the removal of any elected officers shall be filed

A

to the board of directors

114
Q

An elected officer may be removed by ________________________ in a regular or special general assembly meeting called for the purpose

A

3/4 of the regular members present and constituting a quorum

115
Q

This officer of the cooperative shall be responsible for the maintenance of the cooperative in accordance with generally accepted accounting practices. He shall also be responsible for the production of the same at the time of audit inspection

A

accountant or bookkeeper

116
Q

This committee shall be responsible for the continuous and periodic review of the books and records of account to ensure that these are in accordance with generally accepted accounting practices. It should also be responsible for the production of the same at the time of audit or inspection

A

audit committee

117
Q

A cooperative be disposed by way of burning or other method of complete destruction any document pertaining to its financial and non-financial operations which are already ___________ and those relating to transactions which are the subject of civil criminal and administrative proceedings

A

more than five years old

118
Q

Regular reports of the programs of the cooperative shall be filed with the cda within ___________ from the end of the calendar year

A

120 days

119
Q

If a cooperative fails to make publish and file the required reports of its programs, the cda shall, within _______ from the expiration of the prescribed period, send such cooperative a written notice, stating its noncompliance and the commensurate fines and penalties that will be imposed until such time that the cooperative has complied with the requirements

A

15 days

120
Q

What are the annual audits a cooperative is subject to

A

financial, performance and social audit

121
Q

The external auditor weather on his or her individual capacity or a supporter of a firm may undertake the external audit of the concerned cooperative for not ______________ consecutive years provided the test or auditor may be allowed to audit the same client after a gap of ____________

A

more than 5 years, 2 years

122
Q

What are the records excluded from a member’s right to examine

A
  1. Subsidiary ledger
  2. Records of natural or juridical members other than their own personal records
123
Q

Cooperatives with accumulated reserves and undivided net savings of not more than _________ shall be exempt from all national city provincial municipal or barangay taxes of whatever name or nature

A

10 million

124
Q

All tax free importation of a cooperative shall not be sold or the beneficial ownership thereof be transferred to any person until after ______, otherwise, the cooperative and the transferee shall be solidarily liable to pay ________ the amount of the imposed tax and or or duties

A

5 years; double

125
Q

True or false. All cooperatives regardless of the amount of accumulated reserves and on divided net savings should be exempt from payment of local taxes and taxes on transactions with bangs and insurance companies provided that all sales or services rendered for non members shall be subject to the applicable percentage taxes sales made by producers marketing or service cooperative

A

true

126
Q

Which of the following is or are not a privilege/s of a cooperative

A. Deposit of cash in the safes of the municipal or city treasurer’s and other government offices free-of-charge

b. Cooperatives organized among government employees shall enjoy the free use of any available space in their agency

c. Cooperate during special types of services and facilities such as a story just and plants need not to secure a franchise

d. Cooperatives and gauge in credit services shall be entitled to loans credit lines, rediscounting of their loan notes, and other eligible papers with the dbp, landbank of the philippines and other financial institutions including bsp

e. Privilege of being represented by the provincial or city fiscal or the office of the solicitor general free of charge

A

c&d

127
Q

No member of primary cooperative other than the cooperative itself shall hold or own more than ________ of the share capital of the cooperative

A

10%

128
Q

Whenever a member of cooperative dies, his heir shall be entitled to the shares of the decedent provided

A

a. it does not exceed10% of the share capital of a cooperative

b. qualified and is admitted as member

c. If a and b are not met, only the excess shall be reverted back to the cooperative

129
Q

A cooperative may set up a continuing subscription on share capital upon full payment of the initials subscription. True or false

A

false. Required

130
Q

Unless otherwise provided for in their bylaws, cooperative shall issue share certificates at least ________________ based on the number of shares fully paid for the said period

A

every end of the calendar year

131
Q

True or false. Cooperatives are prohibited from issuing multiple types of common shares and different par value per share

A

true

132
Q

True or false. A cooperative can increase or decrease the par value of the share capital by way of amending their articles of cooperation and bylaws

A

false. Prohibited

133
Q

A share refers to a unit of capital in a primary cooperative, the par value of each may be fixed to any figure not more than ________

A

1,000 pesos

134
Q

Share capital of a cooperative is the paid up capital for the operations of the cooperative. True or false

A

false. Money paid or required to be paid

135
Q

True or false. The bylaws of a cooperative may prescribe a fine on unpaid subscribed share capital

A

true

136
Q

True or false. The net surplus shall not be construed as profit but as an excess of payments made by the members for the loans for road for the goods and services availed by them from the cooperative or the difference of the rightful amount due to the members for their products sold or services rendered to the cooperative

A

true

137
Q

This fund is used for the stability of the cooperative and to meet the net losses in its operations

A

reserve fund

138
Q

The amount of net surplus distributed to the reserve fund is equal to

_____________ of the net surplus; provided that in the first ____ years of the operation after registration shall not be less than ____ of the net surplus

A

minimum 10%; five; 50%

139
Q

True or false. Reserve fund can be utilized for investments

A

false, only those allowed in ra 9520

140
Q

To whom shall the reserve fund be distributed upon dissolution of the cooperative

A

to any federation or union to which the cooperative is affiliated or to the community were the cooperative operates

141
Q

Who shall decide the distribution of the reserve fund upon the dissolution of the cooperative

A

the general assembly

142
Q

How much is the maximum amount of net surplus distributed to the education and training fund

A

10%

143
Q

How is the utilization of the education and training fund

A

half for education and training purposes; have to be related to a union or federation chosen by the cooperative or of which it is a member

144
Q

The amount of net surplus distributed to the community development fund is equal to

A

minimum 3% of the net surplus

145
Q

How much of the net surplus is distributed to the optional fund

A

maximum 7% of the net surplus

146
Q

The remaining surplus should not exceed ______________

A

normal rate of return on investments and patronage funds

147
Q

It is the sum connected to patrons for those who avail of the goods or services of the cooperative

A

patronage funds

148
Q

Majority of all the members of the board of directors and 3/4 of the members constituting a quorum (1)

A

voluntary dissolution

  1. Where creditors are affected - filing of formal petition with notice and hearing
  2. Where creditors are not affected - mere submission of board resolution together with ratification by general assembly
149
Q

Majority of all the board of directors and majority of all the members (1)

A

deferment of payment of interest on share capital

150
Q

Majority of all of the board of directors (3) RemDelSus

A

removal of cooperative member for valid cause

delegation to executive committee

placing an elected cooperative officers under preventive suspension pending resolution by the investigating committee over his removal

151
Q

Majority of the board of directors constituting a quorum RecromFillAll

A

allocation of interest on share capital

filling of vacancy in the executive committee

recommendation of removal of elected officers

152
Q

Two-thirds of all the members (2)

A

amendment of the articles of cooperation

amendment of bylaws

both have appraisal rights

153
Q

3/4 of all the members constituting a quorum (6) MerDivDelRaRaRe

A

merger or consolidation; with appraisal rights

division of the cooperative

delegation of powers to the board of directors

ratification of contracts with self-dealing officers

ratification of disloyalty of directors

removal of elected officers upon board recommendation

154
Q

Majority of all the members (2)

A

filling of vacancy in the board of directors due to expiration of term

Filling of vacancy in the board of directors due to causes other than expiration if the board of directors does not constitute a quorum

155
Q

It means that the body of cooperative principles adhere to worldwide by cooperatives

A

universally accepted principles

156
Q

It means the full membership of a body of representatives elected by each of the sectors, chapter or district of the cooperative duly assembled for the purpose of exercising such powers locally dedicated on to them by the general assembly in accordance with its bylaws

A

representative assembly

157
Q

It shall include cooperatives undertaking activities which are related to its main line of business for purpose

A

single purpose or single line cooperative

158
Q

It refers to three or more primary cooperative, doing the same line of business, organized at the municipal, provincial, city, special metropolitan political subdivision, or economic zones created by law, registered with the authority to undertake business activities in support of its member cooperatives

A

subsidiary cooperative

159
Q

Required age for the members of a laboratory cooperative

A

7 to 18 years of age

160
Q

It is an organization of cooperatives

A

federation

161
Q

Means an organization of cooperatives and federation of cooperatives

A

Cooperative unions

162
Q

True or false. The functions or purposes of cooperative unions relate to its member cooperatives

A

false. Member cooperatives are linked to federation of cooperatives and not to cooperative unions

163
Q

In compliance with the referendum as a voting procedure, the required number of votes for registration of electric cooperative with the cda shall be _______ of all members in good standing

A

20%

164
Q

It indicates the area of operation, the size of membership, and other pertinent data in a format provided by the cda. It is submitted to the cda together with a general statement describing, among others the structure and purposes of the proposed cooperative

A

economic survey

165
Q

Every group of individuals or cooperatives intending to form a cooperative under the cooperative code shall submit to the cda general statement describing among others the structure and purposes of the proposed cooperative: provided, that the structure and actual staffing pattern of the cooperative shall include _______________

A

bookkeeper

166
Q

A cooperative shall exist for a period ___________ from the date of registration and this wonder dissolve or unless said period is extended. The cooperative term, as originally stated in the articles of it cooperation, may be extended for a period not exceeding __________ in any single instance by an amendment of the articles of cooperation in accordance with this code: provided, that no extension can be made earlier than _________ prior to the original or subsequent expiry date unless there are justifiable reasons for an earlier extension as may be determined by the authority

A

50 years; 50 years; 5 years

167
Q

No cooperative, other than the ________________ as described under the article 25 here of, shall be registered unless the articles of cooperation is accompanied with the bonds of the accountable officers and a sworn statement of the treasurer elected by the subscribers showing 25% of the authorized share capital has been subscribed and at least 25% of the total subscription has been paid provided that in no case shall the paid of share capital be less than 15,000 pesos

A

cooperative union

168
Q

The amendments in the articles of cooperation and bylaws shall take effect upon ___________________ or within ________ from the date of filing thereof if not acted upon by the authority for a cause not attributable to the cooperative

A

approval by the cda; 30 days

169
Q

Grounds for membership termination in a cooperative (POVI) PatrObliViolInjury

A
  1. nonPatronization
  2. non fulfillment of Obligations
  3. Violation of bylaws and rules
  4. Injurious acts or omissions
170
Q

Quorum in board of directors of a cooperative bank

A

1/2 + 1 of the members of the board of directors

171
Q

Directors, officers and committee members who or willfully and doing lee vote for or ascent to patently unlawful acts or who are guilty of gross negligence or bad faith in directing the affairs of the cooperative or acquire any personal or pecuniary interest in conflict with their duty as directors officers all committee members shall be liable ________________ for all the damages or profits resulting therefrom to the cooperative, members and other persons

A

jointly and severally

172
Q

Notice of time place and object of the meeting for the voluntary dissolution of the cooperative shall be published for three consecutive weeks in a newspaper published in the place where the principal office of set cooperative is located; such notice is sent to each member of record either by registered mail or personal delivery at least ________ prior to said meeting

A

30 days

173
Q

Grounds for involuntary dissolution of a cooperative by order of competent court after due hearing (2)

A

violation of any law

insolvency

174
Q

Grounds for suspension or revocation after to notice and hearing of certificate of registration of a cooperative by the cda (FIVOM)

Fail 2 Willful Illegal Fraud

A
  1. Having obtained its registration by fraud
  2. Existing for an illegal purpose
  3. Willful violation despite notice by the authority of the provisions of the code or its bylaws
  4. Willful failure to operate on a cooperative basis
  5. Failure to meet the required minimum number of members in the cooperative
175
Q

Years to exist after dissolution

A

3 years

176
Q

To whom shall the assets distributable to the creditors, shareholders or members who are unknown or cannot be found be given

A

to the federation or union to which the cooperative is affiliated with

177
Q

Upon dissolution and liquidation, subsidies donations legacies grants aids and other assistance from any local or foreign institution whether public or private given to a cooperative which form part of the donated capital or fond of the cooperative shall be escheated in favor of the

A

republic of the philippines

178
Q

With paid-up share capital contribution, a member patron’s proportionate amount of patronage refund shall be paid to him unless he agrees to credit the amount to his account as additional share capital contribution true or false

A

true

179
Q

With unpaid capital contribution, a member patron’s amount of patronage refund shall be credited to his account until his share capital has been fully paid. True or false

A

True

180
Q

In the case of a non-member patron, the proportionate amount of patronage refund shall be set aside in a ___________ for such patrons

A

general fund

181
Q

Proportionate share of a non-member patron shall only be allocated to him only _____________

A

a. Upon request

b. Upon presentation of evidence of the amount of his patronage

182
Q

a non-member patron shall be deemed and become a member

a. When a sum equal to the ____________________ has accumulated

b. At any time within a period specified in the bylaws of the cooperative

c. If he so agrees or requests and complies with the provisions of the bylaws for admission to membership

A

minimum capital contribution

183
Q

The amount accumulated or credited to the non member patrons account together with any part of the general fund for such shall be credited to _________________________ of the cooperative at the option of the cooperative if within any period of time specified in the bylaws, any subscriber has not fully paid his subscribed share capital or when he does not request nor agree to become a member

A

the reserve fund or to the education and training fund

184
Q

Required vote for voluntary dissolution where no creditors are affected

A

majority vote of the board of directors and at least three fourth votes of all the members with voting rights present and constituting a quorum

185
Q

The notice of time place and object of a meeting for a voluntary dissolution where creditors are affected shall be published for ____________ in a newspaper published in the place where the principal office of said cooperative is located or in the general circulation in the philippines

A

three consecutive weeks

186
Q

The notice for a meeting for the voluntary dissolution of the cooperative where no creditors are affected shall be sent to each member of record registered mail or by personal delivery at least __________ prior to said meeting

A

30 days

187
Q

If the petition for voluntary dissolution of a cooperative where creditors are affected is sufficient in form and substance, the cda shall issue an order reciting the purpose of the petition and shall fix a date which shall not be _______________ nor _________________ after the entry of the order

A

30 days; 60 days

188
Q

A copy of an order reciting the purpose of a petition for the voluntary dissolution of the cooperative shall be published at least _________ for _________________

A

once a week; 3 consecutive weeks

189
Q

Upon expiry of the five day notice to file objections, the cda shall proceed to hear the petition and try any issue raised in the objection file; and if the objection is sufficient and the material allegations of the petition or proven, it shall issue an order to dissolve to cooperative and direct the disposition of its assets in accordance with existing rules and regulations. True or false

A

true

190
Q

Grounds for involuntary dissolution by the court (2)

A
  1. violation of any laws or provision of bylaws
  2. Insolvency
191
Q

Grounds for involuntary dissolution by order of the cda (5)

A
  1. Having obtained its registration by fraud
  2. Illegal purpose
  3. Willful violation despite notice by the cda of the provisions of ra 9520 or its bylaws
  4. Willful failure to operate on a cooperative basis
  5. Failure to meet the required minimum number of members in the cooperative
192
Q

If a cooperative has not commenced business and its operation within __________ after the issuance of its certificate of registration or has not carried on its business for _________, it will be dissolved by failure to organize and operate

A

2 years; two consecutive years

193
Q

Every cooperative post existence is terminated, shall continue to exist for _________ after the time it is dissolved for the purpose of prosecuting and defending suits by or against it; settlement and closure of its affairs; disposition conveyance and distribution of its properties & assets

A

3 years

RFBT (29 decks)

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