Articles of Cooperation

CDA articles of cooperation for small scale mining cooperatives

Your Browser Doesn't Support Canvas. Showing the Text Content of the PDF Instead: ARTICLES OF COOPERATION
of
________________ Small Scale Mining Cooperative
KNOW ALL MEN BY THESE PRESENTS:
We, the undersigned Filipino citizens, of legal age and residents of the
Philippines, with a firm collective intent, have come together to organize
voluntarily an Small Scale Mining Cooperative to advance what we believe is
our inherent right, under the laws of the Republic of the Philippines.
AND WE HEREBY CERTIFY:
Article I
Name of the Cooperative
That the name of this Cooperative shall be _____________________
______________________________________ Small Scale Mining Cooperative.
Article II
Purposes
That the purposes for which this Cooperative is organized are to engage in:
1. Extracting and removing of minerals or ore-bearing materials from the
ground.
2. Promoting and advancing the economic and social status of the members;
3. Coordinating and facilitating the activities of cooperatives;
4. Advocating for the cause of the cooperative movements;
5. Ensuring the viability of cooperatives through the utilization of new
technologies; and
6. Encouraging and promoting self-help or self-employment as an engine for
economic growth and poverty alleviation;

Article III
Goals
That the goals of this Cooperative are to help improve the quality of life of its
members and thereby contribute to inclusive growth, enterprise development and
employment.
In furtherance thereto, it shall aim:
1. To attain increased income, savings, investments, productivity, and
purchasing power, and promote among themselves equitable distribution of
net surplus through maximum utilization of economies of scale, costsharing and risk-sharing;
2. To provide optimum social and economic benefits to its members;
1|P age

SMALL

SCALE MINING COOPERATIVE
ARTICLES OF COOPERATION

3. To teach members efficient ways of doing things in a Cooperative manner;
4. To propagate Cooperative practices and innovative ideas in business
undertakings and management;
5. To empower through provision of access, ownership, control and
opportunities to the poor, vulnerable, lower income and less privileged
groups to increase their ownership in the wealth of the nation;
6. To actively support the government, other Cooperatives and people oriented
organizations, both local and foreign, in promoting Cooperatives as a
practical means towards sustainable socio-economic development under a
truly just and democratic society;
7. To develop a dynamic savings mobilization and capital build-up schemes to
sustain its developmental activities and long-term investments, thereby
ensuring optimum economic benefits to the members, their families and the
communities;
8. To adopt membership expansion mechanism/scheme, thereby ensuring
growth of the Cooperative movement;
9. To implement policy guidelines that will ensure transparency, accountability
and equitable access to its resources and services, and promote the
interests of the members;
10.
To adopt such other plans as may help foster the welfare of the
members, their families and the community;
11.

To advance the competitiveness and innovativeness of the industry;

12.
To coordinate with other Cooperatives on learning exchanges, coop
trade, and information exchanges in fostering sustainable development;
13.
To advocate legal framework and enabling policies appropriate for the
development of small scale mining Cooperatives; and
14.
To be the voice and the institution of the poor and the excluded in
resisting the growth-centered development aggression and instead promote
people-centered development.
Article IV
Powers and Capacities
That the powers, rights and capacities of this Cooperative are those
prescribed under Article 9 of Republic Act 9520.
1. To the exclusive use of its registered name;
2. To sue and be sued;
3. Of succession;
4. To amend its Articles of Cooperation in accordance with the provisions of
RA 9520;
5. To adopt by-laws not contrary to law, morals or public policy, and to
amend and repeal the same in accordance with RA 9520;
2|P age

SMALL

SCALE MINING COOPERATIVE
ARTICLES OF COOPERATION

6. To purchase, receive, take or grant, hold, convey, sell, lease, pledge,
mortgage, and otherwise deal with such real and personal property as the
transaction of the lawful affairs of the Cooperative may reasonably and
necessarily require, subject to the limitations prescribed by law and the
Constitution;
7. To enter into division, merger, or consolidation, as provided under RA
9520;
8. To form subsidiary Cooperatives and join federations or unions, as
provided in this Code;
9. To avail of loans, be entitled to credit and to accept and receive grants,
donations and assistance from foreign and domestic sources subject to the
conditions of said loans, credits, grants, donations or assistance that will
not undermine the autonomy of the cooperative. The Authority, upon
written request, shall provide necessary assistance in the documentary
requirements for the loans, credit, grants, donations and other financial
support;
10.
To avail preferential rights granted to Cooperatives under RA 7160,
otherwise known as the Local Government Code, and other laws,
particularly those in the grant of franchises to establish, construct,
operate and maintain ferries, wharves, markets or slaughters houses and
to lease public utilities, including access to extension and on-site research
services and facilities related to agriculture and fishery activities;
11.
To exercise such other powers granted under RA 9520 or necessary to
carry out its purposes as stated in this Articles of Cooperation; and
12.
To act as Guardian Cooperative and accept the responsibilities of
supervising and monitoring the activities of the Laboratory Cooperative
and act in its behalf in dealings with third parties when capacity to
contract is required. (applicable to Guardian Cooperative only)

Article V
Term of Existence
That the term for which this Cooperative shall exist is Fifty (50) years from
the date of its registration with the Cooperative Development Authority.
Article VI
Common Bond and Field of Membership
That the common bond of membership of this Cooperative is _____________________
and the field of membership shall be open to all _____________________ who are
natural persons, Filipino citizens, of legal age, with the capacity to contract and
possess all the qualifications and none of the disqualifications provided for in the
By-laws and this Articles of Cooperation.

3|P age

SMALL

SCALE MINING COOPERATIVE
ARTICLES OF COOPERATION

Article VII
Area of Operation
That the membership of this Cooperative shall come from ____________
________________________________________________________________________.Its
principal office shall be located at ______________________________________
________________________________________________________________________
Article VIII
Name and Address of Cooperators
That the name and complete postal address of the cooperators are as
follows:
Name
Postal Address

Article IX
Board of Directors
That the number of Directors of this Cooperative shall be ________(___) (it should
be odd number, not less than 5 nor more than 15 members) and shall serve until
their successors shall have been elected and qualified within ___ days from the
date of registration as provided in the By-laws.
Name
1
2
3
4
5
Article X
Capitalization
That
the
Authorized
Share
Capital
_____________________________________________
divided into:

of
this
Cooperative
is
PESOS
(Php______________),

a. __________________________________ (________) common shares with a par
value of ______________________________ (Php ______ ) per share; and
b. _______________________________ (_______) preferred shares with a par value
of _______________________________ (Php ______ ) per share.
4|P age

SMALL

SCALE MINING COOPERATIVE
ARTICLES OF COOPERATION

Article XI
Subscribed and Paid-up Share Capital
That
of
the
authorized
share
capital,
the
amount
of
_______________________________________(Php________) has been subscribed, and
____________________________________________
(Php________)
of
the
total
subscription has been paid by the following members-subscribers:
A. Common Share
Names

No. of
Subscribe
d Shares

Amount of
Subscribed
Shares

No. of Paidup Shares

Amount of Paidup Shares

Sub Total
B. Preferred Share
Names

No. of
Subscribed
Shares

Amount of
Subscribed
Shares

No. of Paidup Shares

Amount of
Paid-up
Shares

Sub Total
Grand Total
Article XII
Arbitral Clause
Any dispute, controversy or claim arising out of or relating to this Articles of
Cooperation, By-laws, the Cooperative laws and related rules, administrative
guidelines of the Cooperative Development Authority, including inter-cooperative,
inter-federation disputes and related concerns shall be exclusively referred to and
finally resolved by voluntary arbitration under the institutional rules promulgated
by the Cooperative Development Authority, after compliance with the conciliation
or mediation mechanisms embodied in the Bylaws and in such other pertinent
laws and issuances.
5|P age

SMALL

SCALE MINING COOPERATIVE
ARTICLES OF COOPERATION

BE IT KNOWN THAT:
__________________________ has been elected as Treasurer of this
Cooperative to act as such until her/his successor shall have been duly appointed
and qualified in accordance with the By-laws. As such Treasurer, he/she is
authorized to receive payments and issue receipts for membership fees, share
capital subscriptions and other revenues, and to pay obligations for and in the
name of this Cooperative.
IN WITNESS WHEREOF, we have hereunto affixed our signatures opposite our
names this ________ day of _______ in _______________, Philippines.

Name of Cooperators
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11.
12.
13.
14
15.

Signature

SIGNED IN THE PRESENCE OF:

__________________________
Signature Over Printed Name

6|P age

SMALL

___________________________
Signature Over Printed Name

SCALE MINING COOPERATIVE
ARTICLES OF COOPERATION

ACKNOWLEDGMENT
Republic of the Philippines
)
Prov./City/Mun. of __________________) S.S.
Before me, a Notary Public for and in the Province/City/Municipality
of_______________________ on this ________ day of _________________, 20__ the
following persons personally appeared with their competent evidence of
identification as indicated opposite their respective names
All known to me to be the same persons who executed the foregoing Articles
of Cooperation, and acknowledged to me that the same is their free will and
voluntary deed.
This instrument known as Articles of Cooperation consists of ______ pages
including this page where the acknowledgment is written signed by the parties
and their instrumental witnesses on each and every page thereof.
WITNESS
my
hand
and
20____at_____________Philippines.

Name of Cooperators

seal

Proof of
Identity (IN
ACCORDANC
E WITH
NOTARIAL
LAW)

this____

Date issued

day

of

________,

Place of Issuance

Notary Public
Doc. No. : ____________
Page No.: _____________
Book No.: _____________
Series of _____________

7|P age

SMALL

SCALE MINING COOPERATIVE
ARTICLES OF COOPERATION