Producer Company can also be called Farmer Producer Company. India’s major population depends upon the agriculture sector for their livelihood. To improve the standard of living of the farmers, Government of India introduce Producer Company, which is to be registered under the Companies Act, 2013.
Producer Company primarily deals with agriculture and post-harvest processing activities. It is mainly registered with the main object of production, harvesting, procurement, grading, pooling, handling, marketing, selling and export of primary produce* of the Members or import of goods or services for their benefit.
A producer company is a hybrid between a private limited company and a cooperative society.
A producer company is basically a body corporate registered as Producer Company under Companies Act, 2013 and shall carry on or relate to any of following activities classified broadly: –
(a) Production, harvesting, processing, procurement, grading, pooling, handling, marketing, selling, export of primary produce* of the Members or import of goods or services for their benefit.
(b) Rendering technical services, consultancy services, training, education, research and development and all other activities for the promotion of the interests of its Members.
(c) Generation, transmission and distribution of power, revitalization of land and water resources, their use, conservation and communications relatable to primary produce.
(d) Promoting mutual assistance, welfare measures, financial services, insurance of producers or their primary produce*.
*Primary produce is defined under the Companies Act 1956 as a “Produce from agriculture activity which consists animal husbandry, floriculture, horticulture, viticulture, pisciculture, re-vegetation, bee raising, forestry, forest products, and farming plantation products, produce of hand-loom, handicraft, and other cottage industries including by-products of such products”
Procedure for registering a Producer Company in India
Obtaining DIN and Digital Signature Certificate.
Filing name application and obtaining name approval from the Central Registration Centre, Ministry of Corporate Affairs.
Prepare Memorandum of Association (MOA) and Articles of Association (AOA).
preparation and submission of SPICe form (Incorporation Papers).
Certificate of Incorporation & Allotment of PAN & TAN.
Pre-registration requirements to form Producer Company
To register a Producer Company in India, the following members in any of the combination is necessary:
Ten or more individuals, each of them being a producer; or
Two or more producer institutions; or
A combination of ten or more individuals and producer institutions
2. Minimum number of 5 directors and 10 members should be there.
3. Minimum paid-up capital of Rs. 5 Lakhs is required to form the company.
4. Company shall have at least 5 and not more than 15 directors.
5. No maximum limit of members in a producer company.
6. The company can only possess equity share capital.
7. The company must carry on 4 board meetings per year, and it should hold after every three months.
8. There is a requirement under the Act that the name of a producer company must end with the words
“Producer Limited Company”.
Advantages of Producer Company
Liability of its Members limited by shares.
A Producer Company is eligible to accept deposits in the form of recurring deposit or fixed deposit.
Company can also disburse loan among the members and farmers at a reasonable rate of interest.
The amount shall be disbursed in the form of cash/ kind/ equity shares to the members.
Reimburse to its promoters all other direct costs associated with the promotion and registration of the company, subject to the approval at its first general meeting of the Members.
Greater credibility is offered by Producer Company as compared to other unregistered organizations of agriculturists or farmers.
Initially, members of the Producer Company will receive the amount for the produce pooled and produce supplied after a determination by the directors of the producer company.
Inter-State co-operative society with objects not confined to one State may make an application to the Registrar for registration as Producer Company under this Part.
Limitations of Producer Company
There must be a full time chief executive officer who will look after the management of the company.
The Producer Company shall become a body corporate as if it is a private limited company to which the provisions contained in this Part apply, without, however, any limit to the number of Members thereof.
The Producer Company shall not, under any circumstance, whatsoever, become or be deemed to become a public limited company under this Act
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