A Producer Company is basically a corporate body having the objects or activities relating to primary production as specified under the Act.
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A Producer Company is basically a corporate body having the objects or activities relating to primary production as specified under the Act. In a producer company, a group of people related to farming and its selling/exporting also.
The Incorporation of this entity is governed by the Part IXA of Companies Act, 1956 and any other law for the time being in force until any special Act is framed. The producer company can also lend loans to its members subject to the conditions.
To form such entity ten or more member are required being the producers or any two or more producer institutions or its combination thereof. A Producer Company enjoys all the benefits which are available to any other Company like the liability of its members is limited to the extent of unpaid share capital by its members. It is generally deemed as Private Limited Company.
Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to Company formation process. You may get in touch with our team on 072407-51000 or email [email protected] for Producer Company registration and Producer Company Compliance services.
Once an entity is registered it is born in the eyes of law which means it is separate from its owners, Directors, Managers, shareholders and employees etc. It can operate simply by its bank account and also provides the right to file case against third parties in case of wrongful act.
The liability of the Members is limited to the extent of Capital invested by them in the Company and therefore, they cannot be held personally liable for the debt and obligations of the Company. Therefore, the liability of the members is limited to the amount, if any unpaid on shares.
Initially every member can only receive the value of the produce as decided by the Board. The withheld price may be disbursed after some time in form of cash or by allotment of equity shares. Limited return is provided to the Members but can also be allotted the bonus shares. The surplus can also be disbursed as patronage bonus.
Active members of the producer company are provided the special user rights, if so authorized by the Articles of Association of the company. It is the right relating to the supply of additional produce by the active members of the Company for which appropriate instruments are issued to active members in respect of such rights.
Minimum Five persons as Director and maximum fifteen.
In case of foreign Entity or individuals opting to incorporate Producer Company. Minimum one Director shall be Indian resident.
Minimum ten or more individual and each one of them being persons as Members or two or more producer institutions or combination thereof.
Minimum Paid Up Capital requirement – Rs. 5 Lakhs.
Director Identification Number if available.
One person should be appointed as a full time Chief Executive Officer.
You are requested to first fill the simple questionnaire provided by our expert team.
At the second step, we will be requiring the documents in accordance with the questionnaire filled by you so that we can arrange them as per the requirement and for processing.
First of all DSC (Digital Signature Certificate consisting of the E-signatures) is required to be prepared. This step can be ignored if prepared already. It will approximately take 1-2 days.
The next step is to check the name availability. The name should be unique in nature and should not be similar to name of any other entity registered. It may take at least 1-2 days.
Once the name is approved, an online application is required to be filed through SPICE+ along with the requisite documents as obtained from the client with ROC. The MOA as well as AOA shall be filed online. This process again takes approximately 2-3 days.
Lastly, after the approval a Certificate of Incorporation will be provided through e-mail which signifies that the Company has been incorporated.
You can check Company name availability thereby logging into MCA where you need to keep in Mind two or three available options along with the activity type. Our team will assist you in the selection of name of company.
Also, along with checking the name availability we also need to check the trademark if already Registered under the proposed name which makes the online application for registration more Powerful. If you want to have a trademark of your word or logo you can get the same through Legal Window by clicking on the link Trademark Registration.
If the proposed Director is already having the DIN then you can also check whether DIR-3 KYC is completed. You can verify the same with the help of our experts. If the same is not done yet, it can be done with help of Legal Window.
The producer company is required to manage all the compliances after incorporation of the company like appointment of statutory auditor, filing commencement of business, Income Tax Filing, Annual Returns with ROC and other compliances as required by the law. Legal Window has a team of experts who keeps an eye on the due dates of your compliances and reminds you through mails.
The Share Capital of the Producer Company consist only of the Equity Shares.
The voting rights shall be based on single vote for every member.
The Producer Company can only carry the activities as mentioned under the Act.
Internal Audit is mandatory by an independent Chartered Accountant.
Loans Under Producer Company: The Producer company may provide financial assistance by way of credit facility to any members for upto 6 months The Producer company can also provide financial assistance in the form of loans and advances against the security. The loan shall be repayable between 3 months to 7 years.
| Basis | Producer Company | Co-operative Society |
|---|---|---|
| Registration under | Companies Act | Cooperative Societies Act |
| Membership | Only producers and their agencies | Open to any individual or co-operative |
| Area of operation | Throughout India | Restricted |
| Shares | Tradable within membership only | Not tradeable |
| Member stakes | Articles of association can provide for linking shares and delivery rights | No linkage with no. of shares held |
| Voting rights | Only one member one vote and non-producer can’t vote | One person one vote but government have veto power |
| Reserves | Mandatory to create reserves | Can be created if made profit |
| Disclosure and audit requirements | Very strict as per the Companies Act | Annual report to regulator |
| Borrowing power | Many options available | Restricted |
| Dispute settlement | Through Arbitration or in accordance with Companies Act | Through co-operative system |
Talk to our team about the members, the produce and the capital before you file.