A Producer Company is a company registered to deal with the primary production of its active member. The main objective of a Producer Company includes agriculture production, post-harvesting processing activities, procurement, selling and distribution, export of primary production of the members or import of goods for their benefit. It is mainly a cluster of farmers who come together to improve their income and standard of living.
In India, Producer Company can be registered with 10 or more individuals being producers; or any 2 or more producer institutions; or its combination. The producer company is deemed to be a private limited company under the Companies Act. But the threshold limit of members is not applicable.
Minimum 5 directors, Maximum 15 directors
Minimum 10 producers or 2 producer institutions, No maximum limit of members
Director and Shareholder may or may not be the same persons
Minimum capital requirement is Rs. 5 Lakhs
DIN of the directors (if available)
Digital Signature of subscribers/directors
Registration only as a private company
Name of Company to end with words “Producer Company Limited”
4 proposed names for company in order of preference
DIN (Director Identification number) of directors (if available)
DSC (Digital Signature) of directors/shareholders
Self attested PAN Card copy of all directors and shareholders
Self attested ID Proofs of directors & shareholders (Driving License/Voter ID/ Passport)
Self attested address proof of directors & shareholders (Utility Bill/ Bank Statement/ Bank passbook copy)
Passport size color photo of director & shareholders in JPEG format
NOC from owner of premises or
Rent/ Lease agreement of registered office (if leased/ rented)
Utility bill in name of owner not older than 2 months
Occupation and educational qualification, place of birth and nationality
Mobile no. and email id of directors and shareholders
Verification of documents provided by you
Application for Name Approval (online RUN WEB Application on MCA Portal)
Obtaining DSC (Class-2) and DIN as required above. However, in new companies DIN can be obtained within SPICe + facility
Drafting of MOA and AOA and necessary affidavits and declarations to be filed with ROC
Filing of incorporation application in SPICe forms along with necessary attachments
Providing you Certificate of Incorporation
DIN for 5 directors
DSC for directors/ subscribers
Name approval of company- RUN WEB FORM/ SPICe+
Memorandum of Association/ Article of Association of Company
Certificate of Incorporation
Mandatory PAN of Company (e-PAN Card)
Mandatory TAN of Company (e-TAN letter)
The producer company has a separate legal identity which makes it distinct from its members. The company can hold assets in its own name and sue others and being sued.
(a.) Initially, members will receive only the amount for their produce on the basis of a price determined by the directors of the producer company. Such amount shall be disbursed in the form of cash/ kind/ equity shares to the members. (b.) Members will also get the bonus shares in the same proportion they hold the equity shares in the producer company. (c.) Members shall also receive patronage bonus. Patronage Bonus means the surplus income distribution among the members of producer company in proportion of their participation in business activities.
The liability of members of Producer Company is limited to the extent of their unpaid capital in the company. The members cannot be called upon to pay liability of company out of their personal assets.
A Producer Company is eligible to accept deposits in the form of recurring deposit or fixed deposit. It can also disburse loan among the members and farmers at a reasonable rate of interest.
“Producer” means any person engaged in any activity connected with or relatable to primary produce.
“Primary produce” means:
Following activities can be performed by a Producer Company:-
The name of the Producer Company ends as Producer Company Limited which seems to be a Public Limited Company however as per section 581C of the Companies Act 1956, Producer Company registration shall be considered as body corporate which will under any circumstance not be deemed as Public Limited Company.
"Producer" or "Producer institution" can become a member of a Producer Company. Further, there is no limit for maximum number of members. A Producer Company can issue only equity shares to its members.
Yes, a foreign national can be appointed as a director after obtaining valid DIN. However, one director must be an Indian Citizen who is resident in India.
Producer Company is formed by the number of individuals who are primary producers and in need of timely financial assistance. Therefore, a special provision was passed as per companies act for loan sanctioning to the members of the producer company.
Financial assistance can be provided to the members of the Producer Company through the following:-
The active members of the producer company may enjoy special user rights, if provided in the AOA of the company. The company may issue appropriate instruments to active members in respect of such rights. The special use rights refer to any right relating to the supply of additional produce by the active Member or any other right relating to his produce.
Yes, a member of Producer Company can transfer his shares along with special rights, if any, after obtaining the approval of the BOD.
Within 3 months of becoming a member of the Producer Company, the member shall nominate a person in a specified manner to which shares will vest in case of death.
In case member ceased to be a primary producer, directors of the Producer Company will direct the surrender of shares at par value or the at the value determined by the directors together with special right attached if any. It will be done only when written notice is served by the member and an opportunity of being heard is given.
An internal audit of the Producer Company will be carried out by a CA in practice. Further, an annual audit report shall be submitted by auditor after proper examination of the books of accounts to the members of the producer company
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