ART. 86. Order of Distribution. - The Net Surplus of Every Cooperative Shall
ART. 86. Order of Distribution. - The Net Surplus of Every Cooperative Shall
ART. 86. Order of Distribution. - The Net Surplus of Every Cooperative Shall
(1) An amount for the reserve fund which shall be at least ten per
centum (10%) of net surplus: Provided, That, in the first five (5) years
of operation after registration, this amount shall not be less than
fifty per centum (50%) of the net surplus:
"(a) The reserve fund shall be used for the stability of the
cooperative and to meet net losses in its operations. The
general assembly may decrease the amount allocated to the
reserve fund when the reserve fund already exceeds the share
capital.
"(b) The reserve fund shall not be utilized for investment, other
than those allowed in this Code. Such sum of the reserve fund in
excess of the share capital may be used at anytime for any
project that would expand the operations of the cooperative
upon the resolution of the general assembly.
RESERVE FUND
Atleast 10% of the net surplus
In the first 5 years from registration not be less
than 50% of the net surplus
"(2) An amount for the education and training fund, shall not be
more than ten per centum (10%) of the net surplus. The bylaws
may provide that certain fees or a portion thereof be credited to such
fund. The fund shall provide for the training, development and similar
other cooperative activities geared towards the growth of the
cooperative movement:
"(a) Half of the amounts transferred to the education and
training fund annually under this subsection shall be spent
by the cooperative for education and training purposes; while
the other half may be remitted to a union or federation chosen
by the cooperative or of which it is a member. The said union or
federation shall submit to the Authority and to its contributing
cooperatives the following schedules:
"(3) An amount for the community development fund, which shall not
be less than three per centum (3%) of the net surplus. The community
development fund shall be used for projects or activities that will benefit
the community where the cooperative operates.
"(4) An optional fund, a land and building, and any other necessary
fund the total of which shall not exceed seven per centum (7%).
OPTIONAL FUND
not exceed seven per centum (7%)
"(5) The remaining net surplus shall be made available to the members
in the form of interest on share capital not to exceed the normal rate of
return our investments and patronage refunds: Provided, That any
amount remaining after the allowable interest and the patronage refund
have been deducted shall be credited to the reserve fund.
"The sum allocated for patronage refunds shall be made available at the same
rate to all patrons of the cooperative in proportion to their individual
patronage: Provided, That:
"(d) If within any period of time specified in the bylaws, any subscriber
who has not fully paid his subscribed share capital or any non-member
patron who has accumulated the sum necessary for membership but
who does not request nor agree to become a member or fails to
comply with the provisions of the bylaws for admission to membership,
the amount so accumulated or credited to their account together with
any part of the general fund for nonmember patrons shall be credited to
the reserve fund or to the education and training fund of the
cooperative, at the option of the cooperative."