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Is it OK to implement amended Cooperative Bylaws approved by GA but returned for correction by CDA?

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Billy1978


Arresto Menor
Good evening sir/maam,

I'm back after six years, now with a new concern.

I would like to address this question to those who handle Cooperative.

I'm a Board member of our Cooperative. In 2011, the proposed amendment for our Bylaws was approved by the General Assembly. The amended Bylaws is already being implemented by our Cooperative. However, last 2015, the CDA returned our proposed amended Bylaws for corrections.

What Bylaws are we going to follow? The old one or the amended one? Is it OK to continue implementing the Bylaws approved by the GA eventhough it was not yet filed at CDA?

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Filia


Reclusion Perpetua
You should follow the old one but if the new by-laws does not change much, you may follow it and only if such act will not prejudice any member of the coop. You have to remember that if your by-laws is not yet CDA-approved, it is still inexistent, meaning no teeth.

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3 Term of a Board of Director on Mon Mar 21, 2016 12:49 pm

Billy1978


Arresto Menor
In our old Bylaws, there is no clear policy with regards to the term of a Board of Director, but in a new proposed bylaws which was approved by the GA but not yet approved by the CDA, the BOD is limited to a maximum of there consecutive terms only so that he could run again for reelection. One of our BOD already reached three consecutive terms, but he filed a candidacy. Should we disqualify him? I'm having a dilemma because we are already implementing our new bylaws. One of the changes in the provisions that we are already implementing is the number of BOD. We will be having a double standard, if we will still follow our old bylaws. What should we follow in this matter, the old bylaws or the new bylaws?

BTW, our new bylaws was already seen by CDA with minor correction only, not affecting the changes in the provisions I stated above. We have not yet returned it to CDA.

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Filia


Reclusion Perpetua
Accdg to RA 9520, if Im not mistaken, no member of the BOD shall serve more than 3 consecutive terms.

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Billy1978


Arresto Menor
Only the two year term is stated in RA9520 maam. There is no provision limiting the term of elected officers other than that.

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